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HomeMy WebLinkAbout2008-077 Social Services & Center for Employment TrainingP~ 5f~f~oS S~-.~ Contract #68-1003 LG Center for Employment Training J Contract # 68-1003 Fiscal Year Begins July 1, 2008 Ends June 30, 2009 This contract is hereby entered into by and between the Orange County Department of Social Services (the "County") and the Center for Employment Training (the "Contractor") (referred to collectively as the "Parties"). The Contractor's federal tax identification number or Social Security Number is 1. Contract Documents: This Contract consists of the following documents: (1) This contract (2) The General Terms and Conditions (Attachment A) (3) The Scope of Work, description of services, and rate (Attachment B) (4) Federal Certification Regarding Drug-Free Workplace (Attachment C) (5) Conflict of Interest (Attachment D) (6) No Overdue Taxes (Attachment E) (7) Federal Certification Regarding Lobbying (Attachment G) (8) Federal Certification Regarding Debarment (Attachment I-n (9) Certification of Transportation (Attachment J) (10) IRS Federal Tax Exempt Letter or 501(c)(3) (Attachment K) (11) Tuition Schedule (Attachment 1Vl) (12) Outcomes and Reporting (Attachment N) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements. 2. Precedence Among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have the highest precedence and the oldest amendment shall have the lowest precedence. 3. Effective Period: This contract shall be effective on July 1, 2008 and shall terminate on June 30, 2009. This contract must be twelve months or less. 4. Contractor's Duties: The Contractor shall provide the services and in accordance with the approved rate as described in Attachment B, Scope of Work, and shall meet the requirements set forth in Attachment N, Outcomes and Reporting. 5. County's Duties: The County shall pay the Contractor in the manner and in the amounts specified in the Contract Documents. The total amount paid by the County to the Contractor under this contract shall not exceed $30,000. This amount consists of $30,000 in Federal and County funds (CFDA # ), $0 in State Funds, $0 (source of other funds if applicable). [ X ] a. There are no matching requirements from the Contractor. [ ] b. The Contractor's matching requirement is $ ,which shall consist of: [ ] In-kind [ ]Cash [ ]Cash and In-kind [ ]Cash and/or In-kind The contributions from the Contractor shall be sourced from non-federal funds. The total contract amount including any Contractor match shall not exceed $30,000. Contract-General (06/04) Page 1 of 3 Contract #68-1003 Center for Employment Training • 6. Reporting Requirements: Contractor shall comply with audit requirements as described in N.C.G.S. § 143-6.2 and OMB Circular A-133. 7. Payment Provisions: Payment shall be made in accordance with the Contract Documents as described in the Scope of Work, Attachment B. 8. Contract Administrators: All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator: The name, post office address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. For the County: • IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Yvette Smith, Income Maintenance Director Yvette Smith, Income Maintenance Director Orange County Department of Social Services Orange County Department of Social Services P.O. Box 8181 300 West Tryon Street Hillsborough, NC 27278 Hillsborough, NC 27278 (919) 245-2885 (919) 644-3005 smith co.oran e.nc.us For the Contractor: ., ,~ IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Hermelinda Sapien, President/CEO Hermelinda Sapien, President/CEO Center for Employment Training Center for Employment Training 701 Vine Street 701 Vine Street San Jose, CA 95110 San Jose, CA 95110 (408) 534-5230 Contract-General (06/04) Page 2 of 3 • 9. Signature Warranty: Contract #68-1003 Center for Employment Training The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. The Contractor and the County have executed this contract in duplicate originals, with one original being retained by each party. CENTER FOR EMPLOYMENT T G . ~ ~6 -a~ Signature ~ Q Date ~ S~ Printed Name ORANGE COUNTY Title ~l~/ Signature i -~ Printed This instrument has been pre-audited in the manner required by the Local Goven~unent Budget and Fiscal Control Act. /7 • Date Date Contract-General (06/04) Page 3 of 3 Contract #68-1003 Center for Employment Training ATTACffi1~NT A GENERAL TERMS AND CONDITIONS Orange County Department of Social Services Relationships of the Parties Independent Contractor: The Contractor is and shall be deemed to be an independent contractor in the performance of this contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the County. respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the County and the named Contractor. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the County and Contractor that any such person or entity, other than the County or the Contractor, receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Subcontracting: The Contractor shall not subcontract any of the work contemplated under this contract without prior written approval from the County. Any approved subcontract shall be subject to all conditions of this contract. Only the subcontractors specified in the contract documents are to be considered approved upon award of the contract. The County shall not be obligated to pay for any work performed by any unapproved subcontractor. The Contractor shall be responsible for the performance of all of its subcontractors. Assignment: No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the County may: (a) Forwazd the Contractor's payment check(s) directly to any person or entity designated by the Contractor, or (b) Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check(s). In no event shall such approval and action obligate the County to anyone other than the Contractor and. the Contractor shall remain responsible for fulfillment of all contract obligations. • Beneficiaries: Except as herein specifically provided otherwise, this contract shall inure to the benefit of and be binding upon the parties hereto and their Indemnity and Insurance Indemnification: The Contractor agrees to indemnify and hold harmless the County and any of their off cers, agents and employees, from any claims of third parties azising out or any act or omission of the Contractor in connection with the performance of this contract. ' Insurance: During the term of the contract, the Contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the Contractor shall provide and maintain the following coverage and limits: (a) Worker's Compensation -The contractor shall provide and maintain Worker's Compensation Insurance as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Contractor's employees who aze engaged in any work under the contract. If any work is sublet, the Contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract. (b) Commercial General Liability -General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum General Terms and Conditions - (06/04) Page 1 of 5 • amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) (c) Automobile -Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles used in performance of the contract. The minimum combined single limit shall be $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and $25,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of this contract. The Contractor may meet its requirements of maintaining specified coverage and limits by demonstrating to the County that there is in force insurance with equivalent coverage and limits that will offer at least the same protection to the County. All such insurance shall meet all laws of the State of North Cazolina. Such insurance coverage shall be obtained from companies that aze authorized to provide such coverage and that • are authorized by the Commissioner of Insurance to do business in North Cazolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the contractor's liability and obligations under the contract. Default and Termination Termination Without Cause: The County may terminate .this contract without cause by giving 30 days written notice to the Contractor. In that event, all finished or unfinished deliverable items prepared by the. Contractor under this contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation ,previously made. • Termination for Cause: If, through any cause, the Contractor shall fail to fulfill its obligations under this contract in a timely and proper manner, the County Contract #68-1003 Center for Employment Training shall have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepazed by the Contractor under this contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of the Contractor's breach of this agreement, and the County may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the County from such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach available to it, the County may procure the contract services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The filing of a petition for bankruptcy by the Contractor shall be an act of default under this contract. Waiver of Default: Waiver by the County of any default or breach in compliance with the terms of this 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 County and the Contractor and attached to the contract. Availability of Funds: The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the County. Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. General Terms and Conditions - (06/04) Page 2 of 5 t Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. Intellectual Property Rights Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this contract are the exclusive property of the County. The Contractor shall not assert a claim of copyright or other property interest in such deliverables. Federal Intellectual Property Bankruptcy Protection Act: The Parties agree that the County shall be entitled to all rights and benefits of the Federal Intellectual Property Bankruptcy Protection Act, Public Law 100-506, codified at 11 U.S.C. 365 (n) and any amendments thereto. Compliance with Applicable Laws Compliance with Laws: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Contractor shall comply with all federal and State laws relating to equal employment opportunity. Health Insurance Portability and Accountability Act (HIPAA): The Contractor agrees that, if the County determines that some or all of the activities within the scope of this contract are subject to the Health Insurance Portability and Accountability Act of 1996, P.L. 104-91, as amended ("HIPAA"), or its implementing regulations, it will comply with the HIPAA requirements and will execute such agreements and practices as the County may require • to ensure compliance. Confidentiality General Terms and Conditions - (06/04) Contract #68-1003 Center for Employment Training Confidentiality: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the County. The Contractor acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and riot further disclose the information except as otherwise provided in this contract. Oversight Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. Additionally, as the State funding authority, the Department of Health and Human Services shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of the County. The Department of Health and Human Services' basic records retention policy requires all records to be retained for a minimum of three years following completion or termination of the contract. If the contract is subject to Federal policy and regulations, record retention will normally be longer than three years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this contract has been started before expiration of the three year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three year period described above, whichever is later. Warranties and Certifications Date and Time Warranty: The Contractor warrants that the product(s) and service(s) furnished pursuant Page 3 of 5 • to this contract ("product" includes, without limitation, any piece of equipment, hazdwaze, firmwaze, middlewaze, custom or commercial softwaze, or internal components, subroutines, and interfaces therein) that perform any date and/or time data recognition function, calculation, or sequencing will support a four digit yeaz format and will provide accurate date/time data and leap year calculations. This warranty shall survive the termination or expiration of this contract. Certification Regarding Collection of Taxes: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors that meet one of the conditions of G.S. 105-164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in North Cazolina. The conditions include: (a) maintenance of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact business on behalf of the vendor; and (c) systematic exploitation of the mazket by media- . assisted, media-facilitated, ormedia-solicited means. The Contractor certifies that it and all of its affiliates (if any) collect all required taxes. Miscellaneous Choice of Law: The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties to this contract, aze governed by the laws of North Carolina. The Contractor, by signing this contract, agrees and submits, .solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Cazolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Cazolina. The place of this contract and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Cazolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This contract may not be amended • orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the County and the Contractor. Contract #68-1003 Center for Employment Training Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain in full force and effect. Headings: The Section and Paragraph headings in these General Terms and Conditions aze not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term "key personnel" includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Cazolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all General Terms and Conditions - (06/04) Page 4 of 5 reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. • • Contrail #68-1003 Center for Employment Training Orange County Living Wage: Orange County is committed to providing its employees with a living wage and encourages agencies to which it provides funding to pursue the same goal. The County's living wage hourly standard, as adopted by the Orange County Board of County Commissioners annually, can be found in the Orange. ~ County Budget Ordinance. To the extent possible, Orange County recommends that the Contractor and all subcontractors provide a living wage, as defined in this section, to their employees. General Tenons and Conditions - (06/04) Page 5 of 5 • ATTACHMENT B SCOPE OF WORK Contract #68-1003 Center for Employment Training Orange County Department of Social Services Federal Taz Id. or SSN Contract # 68-1003 A. CONTRACTOR INFORMATION 1. Contractor Agency Name: Center for Employment Training 2. If d~erent from Contract Administrator Information in General Contract: Address Center for Employment Training Golden Belt Center 807E Main Street- Building 4 Durham. NC 27701 Telephone Number: Fax Number: Email: 3. Name of Program (s): Center for Employment Training 4. Status: ( )Public (~ Private, Not for Profit ()Private, For Profit 5. Contractor's Financial Reporting Year Julyl, 2008 through June 30, 2009 B. Explanation of Services to be provided and to whom (include SIS Service Code): i The Contractor provides an open entry and exit training program, consisting of integrated basic skills and vocational training, for up to five students. The Contractor must place in employment at least 70% of the Work First trainees who complete the pro~xam and~lace 70% of those employed in jobs related to the skills and tramma acquired in their course of study The Contractor is required to meet all coals and outcomes listed in Attachment N. C. Rate per unit of Service (define the unit): 1. If Standard Fixed Rate, Maximum Allowable, (See Rates for Services Chart) 2. Negotiated County Rate. Based on tuition schedule up to a maximum of $30,000 D. Number of units to be provided: Tuition for up to five students E. Details of Billing process and Time Frames; The County will reimburse the Contractor for services described in this contract up to the budget?__ry limits of the contract allotment. The County will reimburse the Contractor the total tuition amount as specified in Attachment M less 90% of any estimated Pell grant; for each trainee, based on course selection, at the time of enrollment. For reimbursement, the Contractor must submit an • original and two copies of an invoice by the fifth of the month followine the month of Contract-Scope of Work (06/04) Page lof 2 Contract #68-1003 • Center for Employment Training enrollment to the designated County_Administrator Expenditures for Mav and June must be estimated based on average monthly expenditures veaz-to-date and reported by Mav 4, 2009 The County will reimburse the Contractor monthly upon receipt of a complete and correctly filed report. Tuition will be reduced for trainees who exit the training eazly in accordance with the refund~olicy described in Attachment M. The Contractor will maintain an individual tuition record for each trainee and tuition will be reduced by 90% of any Pell Grant received by the Contractor on behalf of the trainee. disbursements to trainees monthly as a attachment to the invoice. At the time of enrollment the Contractor will execute a student aereement that indicates the portion of the Pell Grant to be applied to the cost of tuition based on the Contractor's initial determination of eli i~lity for a Pell Grant. When it is determined that an estimated Pell Grant will not be received or, if the grant amount is different than the estimate the Contractor will invoice or credit the County so that the tuition including refunds for eazly termination is not overpaid or underpaid. In no case will cumulative net invoices exceed the grant amount. The Contractor will notify the County of anYother g,7ants that would offset tuition and will document said grants on the months reimbursement request. No cost will be duplicated that is chaz~ed to any US Department of Labor technical assistance rg_nt_ F. Area to be served/Delivery site(s): Orange County, North Cazolina !~ __- _: -- y (Signature o County Autho u.ed Person) ~' ~ ~~. m . (Date Submi ed) • (Signature of o~tractor) ~ ~~ ~ g (Date Su mitt ) Contract-Scope of Work (06/04) Page 2of 2 • Contract #68-1003 Center for Employment Training ATTACffiViENT C CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Orange County Department of Social Services I. By execution of this Agreement the Contractor certifies that it will provide adrug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing adrug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee be engaged in the performance of the agreement be given a copy of the statement required by paragraph (A); D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the agreement, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; E. Notifying the County within ten days after receiving notice under subparagraph (D)(2) from an employee or otherwise recervmg actual notice of such conviction; F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). Federal Certification -Drug-Free Workplace (06/04) Page 1 of 2 . 68-1003 Center for Employment Training II. The site(s) for the performance of work done in connection with the specific agreement are listed below: (Street address) ~,~•~ ~ ~.~. I~ ~ ~? ~7~~ bra T~ (City, county, state, zip Eode) 2. (Street address) (City, county, state, zip code) Contractor will inform the County of any additional sites for performance of work under this agreement. False certification or violation of the certification shall be grounds for suspension of payment, suspension or termination of grants, or government-wide Federal suspension or debarment (Section 4 CFR Part 85, Section 85.615 and 86.620). ~ - ,~ c~ Signature Title ~ ~~ a~ ~~~~ - Agency/Org ization Date (Certification signature should be same as Contract signature.) • Federal Certification -Drug-Free Workplace (06/04) Page 2 of 2 • Section 4.8 EMPLOYEE/CONTRACTOR/BOARD MEMBER RESPONSIBILITIES: Board members and employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which CET wishes the business to operate. The purpose of these guidelines is to provide general direction so that they can seek further clamcation on issues related to the subject of acceptable standards of operation. Contact the Human Resources Director for more information or questions about conflicts of interest. Transactions with outside firms must be conducted within a framework established and controlled by the Board of Directors and adhered to by employees. Business dealings with outside firms should not result in unusual gain from those firms. "Unusual gain' refers to bribes, product bonuses, special fringe benefits, unusual price breaks and other windfalls designed to ultimately benefit CET, board members or the employee or all three. Promotional plans that could be interpreted to involve unusual gain require specific executive-level approval. An actual or potential conflict of interest occurs when a board member or an employee is in a position to influence a decision that may result in a personal gain for him/herself or for a relative as a result of CET's business dealings. For the purpose of this policy, a relative is any person who is related by blood or marriage, or whose • relationship with the employee is similar to that of persons who are related by blood or marriage. No presumption of guilt is created by the mere existence of a relationship with outside firms. However, if a board member or an employee has any influence on transactions involving purchases, contracts or leases, it is imperative that he/she disclose to an officer of CET as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. Personal gain may result not only in cases where a board member or an employee or a relative has a significant ownership in a firm with which CET does business, but also when the board member or the employee or a relative receives any kickback, bribe, substantial gift or special consideration as a result of any transaction or business dealings involving CET. Conflict of Interest can also include the following: 1. Receipt of material gifts from students (gifts such as sports tickets and discounts). If an employee has a question about receipt of a gift, cor>tad the Corporate Human Resources Director. 2. Loans, remuneration or any personal negotiations with funding agenaes. 3. Board members, supervisors and managers must never loan money to subordinate staff. Loans to employees from program partiapants and/or their relatives are strictly prohibited. Loans between non-supervisory employees are strongly discouraged. • • 4. On occasion, board members or employees may wish to contribute money or gifts for the benefit of a fellow employee, program participant or his/her family. Any ad of contribution is voluntary and made on a personal, informal basis. 5. Except as authorized in this handbook or by a supervisor in writing, using CET assets or labor or equipment for personal purposes is prohibited. 6. CET discourages full-time employees from engaging in any outside employment. Employees are not allowed to work as managers, instructors, advisors, or job developers for other employers who are in competition with CET for similar funding/same clientele to be served. Other outside employment is allowed if: 7. The number of hours worked does not interfere with the quality of the employee's job perFortnance, attendance and particpation in CET related 8. functions. The employment does not cxeate a conflict of interest with CET and is consistent with CETs goals and polices. 9. The employment is disdosed and approved in writing by the Corporate Human Resources Director. 10. Full-time employment at CET is compensated and therefore, other employment wrth compensation for the same time/hours as those reported to CET, is strictly prohibited. 11. Corporate, Regional and Center Directors cannot do consultant work without prior approval of the Corporate Human Resources Director or PresidentJChief Executive Officer. • Failure to adhere to these guidelines, including failure to disclose any conflicts or to seek an exception, will result in discipline, up to and including dismissal. • Contract #68-1003 Center for Employment Training NOTARIZED CONFLICT OF INTEREST POLICY CQ.I i-~+fY1TOl State of Ne~r£are~~et ~Cinta C,IAirA County of~auge I, ~rYYl~1 ~• LA.Wr~1~C~ ,Notary Public for said County and State, certify that ~{"~Ir{~~I~Ir~wt Sa~l~en personally appeared before me this day and acknowledged that l~she is `~res~dew-~ f Goo of GeV-~r for Emol,~um~e,Y~'~" ~r0.lvicy~ and by that authority duly given and as the act of the corporation, affirmed that the foregoing Conflict of Interest Policy was adopted by the Board of Directors in a meeting held on the Z~" day of ~ u Yt2i ~b~ Sw ~3 day of Ju.n~ , 0~0 COoA 11T361~1 ~ ~ M-Q~n.l~wllpr~,~1i ~. (Official Seal) Notary Public My Commission expires 1z~1 ~ 2 , 20 ~l / Attached is the Conflict of Interest Policy for: Center for Employment Training Si afore of Corporation Official Conflict of Interest Policy (06/04) Page 3 of 3 ~i~~Ylvy~eof Center for Employment Training ~d,,• Central Administration ~' 701 Vine Street, San Jose CA 95110 (408) 287-7924 Fax (408) 294-7849 ~/ June 12, 2008 To: Orange County Department of Social Services Certification: We certify that Center for Employment Training (CET) does not have any overdue tax debts, as defined by the N.C.G.S. 105-243, at the federal, State, or local level. We further understand that any person who makes a false statement in violation on N.C.G.S. 143-6.2 (b2) is guilty of a criminal offense punishable as provided by N.C.G.S. 143-34 (b). Sworn Statement: Catherine Navarro and Bob Martinez being duly sworn, say that we are the Board Chair • and Secretary, respectively, of Center for Employment Training (CET) of San Jose in the State of California; and that the foregoing certification is true, accurate and complete to the best of our knowledge and was made and subscribed by us. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action. Board Chair Secre • State of California County of Santa Clara Sworn to and subscribed before me on the day of the date of said certification. ~- Notary i d Seal ~-irlr w u1y~N1 Commi low/ 17361 i 1 ~ +euc - cdK«rna ~ iamo ccwMy 1Mrca~mer,~, ~ My Commission Expires: r i d 2 20l 1 w Con~aMMion • 17361ii ~ ~~ca ~ Mroanni. e~..~lpr ~ col t Contract #68-1003 • Center for Employment Training ATTACHMENT G CERTIFICATION REGARDING LOBBYING Orange County Department of Social Services 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form SF-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award document for subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) who receive federal funds of $100,000.00 or more and that all subrecipients 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 $10,000.00 and not more than $100,000.00 for each such failure. Signature ~' L~J ~~~ Title ~t ~ ~-/ A enc Or anizaf n /~~G~cJ Date g g (Certification signature should be same as Contract signature.) Federal Certification -Lobbying (06/04) Page 1 of 1 • Contract #68-1003 Center for Employment Training ATTACHII~NT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS Orange County Department of Social Services Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant will provide immediate written notice to the person to which -the proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become • erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary 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 person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this 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 it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows that the • certification is erroneous. A participant may decide the method and frequency of which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. (Federal Certification -Debarment) (06/04) Page 1 of 2 Contract #68-1003 • Center for Employment Training 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 in paragraph 5 ofthese instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension, and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is 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 lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (Certification signature should be same as Contract signature.) • (Federal Certification -Debarment) (06/04) Page 2 of 2 ~-~ G'~ Signature Title . Contract #68-1003 Center for Employment Training ATTAC)EiNIENT J CERTIFICATION REGARDING TRANSPORTATION Orange County Department of Social Services By execution of this Agreement the Contractor certifies that it will provide safe client transportation by: 1. Insuring that all drivers (including employees, contractors, contractor's employees, and volunteers) shall be at least 18 years of age; 2. Insuring that all drivers (including employees, contractors, contractor's employees, and volunteers) shall be licensed to operate the specific vehicle used in transporting clients in accordance with Chapter 20-7 of the General Statutes of North Carolina and the Division of Motor Vehicle requirements; 3. Insuring that all vehicles used to transport clients shall have valid State registrations and State inspection stickers; 4. Insuring that all vehicles transporting clients shall have at least the minimum level of liability insurance appropriate for the type of vehicle; 5. Insuring that the contractor shall have written policies and procedures regarding how drivers handle and report client emergencies and/or vehicle crashes involving clients to contractor and how contractor notifies the Orange County Department of Social Services Signature Title '' ~ ~ a~ - Agen /Organizati Date (Certification signature should be same as Contract signature.) Transportation Certification (03/06) Page 1 of 1 C~ Contract #68-1003 Center for Employment Training ATTACHMENT K 501(c)(3) and TAX EXEMPT STATUS Orange County Department of Social Services What is a Private Non Profit Agency? Answer: A private non profit is an organization that is incorporated under State law and whose purpose is not to make a profit, but rather to further a charitable, civic, religious, scientific, or other lawful purpose. The Secretary of State's office grants corporate status to organizations in North Carolina. What is a 501(c)(3) designation? Answer: When the agency becomes a state private non profit corporation, it can then apply for 501(c)(3) designation through the IRS. Once the IRS grants 501(c)(3) status, the organization is exempt from certain taxes and any donations to the charitable organization are tax deductible. Many individuals and organizations prefer to make donations to 501(c)(3) private non profits. Who can obtain a 501(c)(3) designation? Answer: Any organization or group can apply for 501(c)(3) status, provided their charter or mission focuses on the non profit's objective. Another option is to apply fora 509(a)(1) status which falls under the 501(c)(3) umbrella. Being a 509(a)(1) designates an organization as a tax-free public charity that receives most of its support from a governmental unit or from the general public. Becoming a 509(a)(1) provides public recognition oftax-exempt status, advance assurance to donors of deductibility of contributions, exemption from certain State and federal taxes, and non profit mailing privileges. Organizations that typically qualify are churches, educational institutions, hospitals, and governmental units. To learn more about non profits, visit www.irs.gov, or call the tax-exempt helpline at 877-829- 4933. How does a Private Non Profit obtain Tag Exempt Status? A private non profit must apply to the IRS for tax exempt status. To qualify, applicants must complete and submit to the IRS Form 1023.Once federal tax exempt status is granted, the private non profit applies for State tax exempt status by completing Form CD-435 and submitting it to the N. C. Department of Revenue. Please attach proof of 501(c)(3) or IRS tag-exempt status to this page. • Contract #68-1003 Center for Employment Training ATTACffi1~NT M TUITION SCHEDULE Orange County Department of Social Services COURSE NAME HOURS 60% WEEKS TUITION Business Office Technolo 900 540 26 8,131 Medical Insurance Billin 630 378 18 6,498 Medical Administrative Assistant 720 432 21 7,042 .Medical Records 330 198 9 4,683 Com uter Office Occu ation 420 242 12 5,229 Buildin Maintenance Service Technician 6,498 Note: 1. The tuition listed above is for day classes only 2. The number of weeks will be greater for evening classes since students are in training for fewer hours per session than day students. 3. For workers with industrial injuries who require different training times, Rehabilitation Counselors may negotiate training times that are longer or shorter than those listed above. Tuition for those times will follow the standard tuition schedule that may be found in the Injured Workers Manual. 4. See Addendum 5 and Student Catalog for additional information regarding prorated tuition refund, and administrative fee, for early withdrawal before 60% of the scheduled hours. • Federal Certification -Lobbying (06/04) Page 1 of 1 • Contract #68-1003 Center for Employment Training ATTACHIVIENT N OUTCOMES AND REPORTING Orange County Department of Social Services By signing and submitting this document, the Contractor certifies that it agrees to the following: 1. The Contractor agrees to participate in program, fiscal and administrative monitoring and/or audits, making records and stafftime available to Federal, State and County staff. 2. The Contractor agrees to take 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 the Contract. 3. The Contractor agrees that continuation of and/or renewal of this Contract is contingent on meeting the following requirements.. The Contractor agrees to: A. Maintain client records which date and document, in accordance with established policy, the services delivered to the individual, a valid authorization for service, program records, documents, and other evidence that reflects program operations. B. Obtain approval from the County, through the submission of a course curriculum and labor mazket 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. C. Notify the County Administrator within three workdays 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. D. Place in employment 70% of the Work First trainees who complete the program, and place 70% of those employed in a training related job, utilizing their skills acquired in their course of study at the Center for Employment Training. Signature ~~ ~~~~ ~/~ _ AgencylO anization D~ ~~ c~ Title ~ -~~-~~ (Certification signature should be same as Contract signature.) Federal Certification -Lobbying (06/04) Page 1 of 1