HomeMy WebLinkAboutINGLEWOOD, CITY OFA-1999- 188-
1 AGREEMENT ..
99-479
2 THIS AGREEMENT is made and entered into this23rday of Noyember,1999, by
3 and between the CITY OF INGLEWOOD, a municipal corporation, hereinafter referred to as
4 "City" and the CITY OF SANTA ANA, hereinafter referred to as "Contractor," with its
5 principal place of business located at 1000 East Santa Ana Blvd., Suite 200 Santa Ana CA
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92701.
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WHEREAS, on March 23, 1995, the City of Inglewood, on behalf of the South
9 Bay Private Industry Council (SBPIC), received funding approval of a regional demonstration
10 project to serve dislocated workers in the greater Los Angeles Area; and
11 WHEREAS, City is the Administrative Entity for the SBPIC and is authorized to
12 act for purposes of this Agreement; and
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14 WHEREAS, pursuant to said Agreement, City is receiving and will be receiving
15 the federal funds from the State of California pursuant to Section 302 (a) (2) and 322 (a) (3) of
16 the Job Training Partnership Act; and
17 WHEREAS, this regional demonstration project, herein referred to as the "Private
18 Industry Council Aerospace Network (PAN)" features the participation of Private Industry
19 Councils in the Southern California region; and
20 WHEREAS, this project is to provide basic readjustment and retraining services
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22 to participants dislocated from aerospace employers located throughout five different counties in
23 Southern California; and
24 WHEREAS, the State PAN project has been are -authorized by the State of
25 California and funded under the Department of Labor National Reserve Account (PAN III); and
26 WHEREAS, the Contractor represents itself as being qualified and capable of
27 providing said services in accordance with all the rules and regulations developed to implement
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said statutes and in accordance with the terms and conditions of this agreement, as well as
Federal, State, and Local regulations regarding JTPA funds;
NOW, THEREFORE, in consideration of the premises the parties hereto agree as
follows:
I -- CONTRACTOR REQUIREMENTS/RESPONSIBILITIES
Contractor shall be required to provide program coordination, basic readjustment services,
and retraining services as set forth in the Exhibits which are listed below, attached hereto and
incorporated herein by this reference:
Exhibit "A" -- Program Outline
Exhibit "B" -- Compensation Schedule
Exhibit "C" --Required Documents
Exhibit "D" -- Program Plan and Performance Standards
Exhibit "E" -- Consultants
A. Further Res onsibilities
Contractor shall:
1. Provide services funded . under this agreement' only to individuals
determined eligible under JTPA-and National Reserve Account guidelines as designated by the
SBPIC.
2. Provide services as described in Exhibits "A" and "C".
3. Notify City in writing of the amounts and disposition of Higher
Education Act (HEA) Title IV awards (Pell Grant) and other types of financial aid to each JTPA
participant pursuant to JTPA Public Law 97-300 § 141 (B).
4. Document in the ISS, for JTPA Agreements where Pell Grants or other
HEA awards are involved, its determination with the educational institution of the participant's
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1 training -related financial assistance needs and the proper mix of JTPA and Pell Grant funds,
2 since a Pell Grant may be used for applicable living expenses as well as tuition, fees, and books.
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4 5. Execute an agreement, for all JTPA participants awarded a Pell Grant, on
5 a form provided by the City with the Contractor which indicates the portion of the HEA grant to
b be applied to the cost of tuition, fees and books. This information shall be verified during
program monitoring. A copy of this Agreement shall be maintained in the participant's file.
--ijarticipants- shall .not b� qurr�d io amply for Pe]l ari as a corid ion of pa icipa ng in a
9 JTPA program.
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11 6. Ensure that participants comply with Section. 167(a)(5) of the Military
Selective Service Act (50 USC Appx. §§ 451 et. Seq.) and other eligibility requirements
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13 applicable to the program under which the Participant is enrolled.
14 7. Take all necessary and Iegal steps to ensure a workplace and training
15 environment free of illegal drug use by Contractor's employees and participants.
16 8. Allow inspection of such records, reports, books, financial statements, and
7 other documents required herein will be opened to inspection by and permitted access to City,
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the South Bay SDA, the State, independent-auditor(s), and/or the United States Department of
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Labor; or designees of any of these agencies at anytime during Contractor's normal business
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22 9. Fully cooperate with authorized representatives of the City, the South
23 Bay Private Industry Council, State and Federal governments including independent auditors,
24 seeking to interview any program participant or staff member of Contractor, or to evaluate,
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inspect and/or monitor those facilities and operations of Contractor that are directly involved in
the implementation of programs funded through this Agreement. Contractor shall also respond
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response must be in writing and always submitted to the City. The City shall be directly
responsible for all formal responses submitted as a result of an audit, inspection and/or
performance review."
B. Performance Review
Contractor performance will be reviewed monthly by appropriate staff or
committees and will be based on program performance as detailed in Exhibits "A" and "C".
C-.. ----Pry am a u�tian - ....... _..... . .. ....... ............. _ . .__......-.... --.-..__......... ... ... - -..
Contractor understands City will conduct ongoing assessment and evaluation of
the program in this Agreement. The assessment and evaluation will include, but not limited to,
contract compliance and effectiveness of the contracted program, Contractor agrees that the City
may use the results of the evaluation in determining future Agreement decisions.
II - COMPENSATION
A. The parties agree that this shall be a -cost reimbursement Agreement that shall not
exceed the allowable administrative, basic readjustment, supportive and retraining services
described in Exhibit "B".
A.1 Aerospace Network Monthly Invoice Request - Contractor shall document its
expenditures using the invoice approved and provided by the City.
A.2 Monthly Invoice Submission - Contractor shall submit, on or before the tenth
(IOth) working day of each month, a complete and accurate monthly invoice including allowable
accruals on forms approved and provided by the City.
B. Contractor shall bill City monthly in arrears for reasonable actual prior month
expenditures in accordance with procedures set forth in PAN policies, procedures, and other
directives. The City reserves the right to refuse payment for late MIS forms and/or any required
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fiscal documentation as required by State/Federal guidelines and the City policies and
procedures,
131. Contractor shall not pay supportive services to participants that exceed the
sum of $800.00 without the prior written approval of SBP1C Executive Director, Contractor shall
make no additional claims for costs, charges, or fees, nor shall Contractor receive additional
payment or any form of reimbursement from the City, SDA, individual participants or any other
B2, Contractor may request additional funding based upon the availability of
funds, projected layoffs, and current enrollments. City will consider all such requests and make
a determination, which shall be final, as to whether the request shall be honored. The
determination of whether to honor such request shall be based upon the availability of funds and
the number of projected layoffs and current enrollments. Contractor's right to incur costs and
receive compensation for the additional funds shall be provided by a written amendment to this
Agreement.
C. The Contractor will submit a statement of -it's current methodology used to
determine the reasonableness of the costs allocated to the cost reimbursement
activities and retain on file all documentation supporting the methodology.
Failure to comply may result in nonpayment, or a partial or reduced payment until
the contractor is in compliance. in addition, failure to comply may result in
Agreement termination.
D. Price Reduction for Defective Cost or Pricing Data.
DI. If the costs negotiated in connection with this Agreement or any cost I
reimbursable item under this Agreement was increased by any significant amount because (a)
Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and
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current as certified in its Certificate of Current Cost or Pricing Data, (b) subcontractor or
prospective subcontractor furnished the Contractor cost or pricing data that were not complete,
accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data,
or (c) any of these parties furnished data of any description that were not accurate, the price or
cost shall be reduced accordingly and the Agreement shall be modified to reflect the reduction.
D2, Any reduction in the Agreement price under paragraph (1) above due to
--�h�t---was-
9 subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which
10 a the actual subcontract or O (b) the actual cost to the Contractor, if there was not subcontract,
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12 was less than the cost estimate submitted by the contractor, provided that the actual subcontract
13 price was not itself affected by the defective cost or pricing data.
14 D3, If the South Bay Private Industry Council determines under paragraph (1) of
15 this clause that a price or cost reduction should be made, the contractor agrees'not to raise the
16 following matters as a defense; a. The Contractor or subcontractor was a sole source supplier or
17 otherwise was in a superior bargaining position and thus the price of the Agreement would not
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have been modified even if accurate, complete, .; and current cost or pricing data had been
submitted; b. The South Bay PIC should have known that the cost or pricing data at issue were
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21 defective even though the Contractor or subcontractor took no affirmative action to bring the
22 character of the data to the attention of the South Bay PIC; c. The Contract was based on an
23 agreement about the total cost of the contract and there was no agreement about the cost of each
24 item procured under the contract,
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E. Notwithstanding the provisions concerning the term of the Agreement, funding
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shall be provided according to the following provision:
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1. The acceptance by the City of the performance of the Contractor under the
terms of the Agreement,
2, The availability of JTPA funds to City through the Grantor.
3. When payment becomes due and owing, Contractor shall invoice the City
for the amount due and City shall be required to reimburse Contractor within 60 calendar days
after approval of the invoice.
4. - - Payments -to --the Contractor maybe withheld -by--the C-i
fails to comply with the provision of this Agreement.
5. Funds advanced to the Contractor pursuant to the Agreement shall not be
11 co -mingled with other funds which are not part of this Agreement.
6. Contractor agrees to expend funds per Exhibit `B" and assign cost
inappropriately charged to cost categories may be disallowed.
7. Contractor shall be responsible to repay any disallowed costs as
determined by the City, or its agent, the State or the Department of Labor.
F. Cash Advances.
Contractor shall request no cash advances.
III -- TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 1999 to June 30, 2000. All costs except
reasonable closeout costs shall be accrued during this Agreement period.
IV DEFAULTS, PROBATION, SUSPENSION AND TERMINATION OF FUNDING
A. Defaults
Default, as used in this Agreement, shall mean instances when Contractor fails for any
reason to comply with the obligations of this Agreement within the term of Agreement for this
Contract. Actions that come as a result of Contractor's default shall include but are not limited
to the following;
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1. Reduce the total budget;
2. Make any changes in the general scope of this Agreement;
3. Place the Contractor on Probation status;
Terminate the Agreement.
Probation
The City may place Contractor on probation for failure to comply with the terms
flf thisVper-rent-by-givingwritten-natice;-.which shall -be -effective -upon -receipt-. --
Said notice shall set forth the period probation, the reasons for probation, and the
specific conditions of non-compliance.
3.. Within five (5) working .days, the Contractor shall reply in writing, setting forth
the corrective actions which will be undertaken, subject to Cityapproval in writing.
pp . g
C. Suspension
1. It is mutually understood and agreed that failure to comply with any provisions of
this Agreement, its Exhibits and Attachments is cause for suspension of payments and/or
referral.
2. City may immediately suspend payments to Contractor prior to termination of the
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Agreement in whole or in part for the following causes(s):
a. Failure to comply in any respect with either the terms and/or conditions of
this Agreement.
b, SubmittaI to City of reports, which are incorrect or incomplete in any I
substantial or material respect.
Governments.
C. Termination or suspension of grant(s) to City from the Federal or State
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d. Under the Workforce Investment Act of 1998 (Public Law 105-220), the
JTPA program will terminate by operation of law on July 1, 2000. The City retains the
authority, with a thirty (30) calendar notice in writing to the Contractor, to tenninate this
agreement and/or recaptured funds unspent during Program Year 1999, as the City deems
necessary, to implement the Workforce Investment Act of 1998 and associated regulations and
policy guidance set forth by the Secretary of Labor.
c. Failfir e of Contractor to accept and/or "irripleinerit - any - additional -
conditions that may be required by law, by the Federal government, Executive Order or by
regulation of the State, or its agencies responsible for the operation of this program, City or the
South Bay Private Industry Council.
3. Upon suspension of funds, for whatever reason, Contractor agrees not to expend
any further funds related to the performance. of this Agreement without the express, written
consent of City.
D. Termination
L This Agreement may be terminated in whole or in part by City with ten (10) days
written notice for cause, which shall include:
..a. , Failure for any reason of the Contractor to fulfill in a timely and proper
manner any of its obligations under this Agreement.
b. Suspension or termination by the United States Department of Labor or
the State of California of the grant to Administrative Entity under which this Agreement is made.
"C," attached.
C. Improper use by Contractor of funds furnished under this Agreement.
d. Failure to meet performance standards as stipulated in Exhibits "A" and
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1 2. This Agreement may be canceled by either party without cause upon 30 days
2 written .notice prior to the effective date of such termination, which shall be specified in the
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notice.
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5 3. Upon termination or cancellation of this Agreement, Contractor shall be
6 responsible for preparation of close out reports and transmittal to City of all documents which
7 are in the possession of Contractor that relate to the conduct of the program within the. time and
-withi-n-the -rnann-er prescribed -by -City. - Final payment to-Gontra=T-urrder this -A re-m=t-wilI hu
9 made only after City has determined that Contractor has satisfactorily completed said closeout
10 procedures.
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E. Deobligation
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13 Dcobligation, as used in this Agreement, shall provide for the involuntary
14. reallocation of any funds the .SDA determines are not being expended consistent with the Job
.15. Training Plan. At any time during the . term of this Agreement the City reserves the -right to
. 16 deobligate any slots and/or funds described in Section IIC or funds/ voucher. accessibility
17 identified in the Participant Service Plan which are either unobligated-and/or unliquidated and
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which result from Contractor's failure to meet its performance plan. The City will provide
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Contractor with five (5) days written notice of intent to deobligate.
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21 V -- MODIFICATIONS
22 This contract fully expresses the agreement of the parties. Any modifications or
23 amendment of the terms of this Agreement must be by means of a separate written document
24 approved by the City. No oral conversation between any officer or employee of the parties shall
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modify this Agreement in anyway.
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VI -- ASSIGNMENTS AND SUBCONTRACTORS
Contractor shall neither assign this Agreement nor enter into any subcontract for the
,I performance of services required herein without securing the prior consent of City as set for in
I Exhibit "D".
VII -- INSURANCE
A. General Liability Insurance
Contractor and City, its officers and employees against claims arising from bodily injury or death
to persons occurring on Contractor's business premises or otherwise through Contractor's
operation or performance under this Agreement. Said insurance shall consist of combined single
limit liability coverage in an amount of $1,000,000 or other sufficient coverage as approved by
the Chief Counsel of the SBPIC.
B. Automobile Insurance
.If a Contractor, in conducting activities under this agreement, uses motor vehicles,
the Contractor: shall insure that the City, its officers and employees are held harmless against
claims arising from the ownership, maintenance or use of said motor vehicles. In addition,
Contractor .shall provide insurance through a commercial insurance company 'authorized to do
business in the State of California. The coverage shall be $1,000,000 single limit liability, or
such other sufficient coverage approved by the Chief Counsel of the SBPIC.
C. Worker Compensation
Contractor shall provide worker compensation insurance coverage and benefits or I
other comparable insurance coverage as required by State and Federal law.
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111 D. Certificates of Insurance
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Contractor shall furnish to City evidence of any insurance required by this
I Agreement. A Certificate of Insurance from an insurer authorized to do business in the State of
California will be provided, indicating that the respective policy(s) meets the following
requirements:
1. City, its officers and employees shall be named as additional insured.
Irisurahbd shall riot be cariceled or terhiiiiated without 30 days written
9 notice to City.
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3. Insurance shall be primary and any insurance held by City for its own
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protection shall be'excess and shall be effective only upon exhaustion of Contractor's insurance.
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13 4. Insurance shall be maintained for the duration of the Agreement, including
14 any period extended beyond the expiration date of thisAgreement required to complete petfor-
15 mance as stipulated in Section III.
16 E. Self Insurance
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Notwithstanding the insurance required above, City, at its own option, may -accept
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as an equivalent for any such coverage, - evidence of an on -going program of self insurance
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'together with excess coverage. Said equivalent, in order to satisfy the requirements herein
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21 contained, shall be subject to approval of the Chief Counsel of the City.
22 F. Fidelity Bond
23 In the event City chooses to make payment required herein by this Agreement by
24 way of advancement as opposed to reimbursement, Contractor shall be required to provide and
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26 maintain a blanket fidelity bond which shall apply to the performance of any direct to, officer or
27 agent of Contractor who signs or authorizes signatures on checks or drafts or in any manner
28 authorizes the disbursement of project funds. Prior to the payment of program funds, by City,
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Contractor shall furnish City a certificate of insurance from an insurer admitted to do business in
the State of California verifying the Contractor carries such a bond. Said insurance certificate
shall (1) name the City as additional insured with a provision for direct payment to the city in the
event of loss and (2) provide that said bond shall not be. canceled or terminated without 30 days
written notice to City. Contractor hereby assigns to City any right it has to claim indemnification
Iunder such bond. The amount of the bond shall be no less than $50,000 or the highest advance
for the -present Agreement. -whichever is higher: -
VIII HOLD HARMLESS
Contractor agrees to indemnify, defend, save and hold Harmless City, its officers and
employees against any and all costs, expenses, claims, suits, and liability for bodily or personal
injury to or death of any person and for injury to or loss of any property, or for any indebtedness
or obligations, resulting therefrom or arising out of and in any way connected with negligent or
wrongful acts or omissions of, Contractor, its officers, employees, contractors, agents or
representatives, in performing or failing to perform any services required herein to be performed
by Contractor or .incurred by .Contractor " in disbursing or using .any JTTA funds under this
Agreement.
City, its officers and employees, by this Agreement shall not assume any liability -nor
shall they be liable for the negligent or wrongful acts or omissions or for any. indebtedness or
obligations of Contractor or any of its officers, employees, contractors, agents or representatives
thereof attributable to the services required to be performed or caused by the disbursement and
use of JTPA funds by Contractor under this Agreement.
IX -- OCCUPATIONAL SAFETY AND HEALTH ACT
Contractor agrees to provide all participants with safety and health protection which shall
be at least as effective as that which would be required under the Occupational Safety and Health
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I Act of 1970 as amended if the participants were employees of the Contractor. Contractor shall
2 also comply with the provisions of the California Occupational Safety and Health Act as
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amended.
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X -- COMPLIANCE WITH LAWS
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6 Contractor shall comply with the Job Training Partnership Act (JTPA) Public Law
7 97-300, as amended; Title 20 Code of Federal Regulations Part 626 et al, JTPA Rules and
g R�guiations; tie TamiTy coriomxc ecurlly "Ac# �FESA) AB 34� ; as"__dmerideda _" Greater
9 Avenues for Independence (GAIN) AB 2580, as amended; the Americans with Disabilities Act
10 (ADA) of 1990; the California Public Records Act; Applicable Drug Free Workplace
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Requirements, Office of Management and Budget (OMB) Circulars and applicable compliance
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supplements; :all other Federal, State and local Iaws, rules and regulations; policies and operating
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14 requirements of the •SBSDA; applicable sections of the- SBSDA Operations Manual; as well as
15 applicable provisions •and'standards promulgated by the Department of1abor, including but not
16 limited to the following:
17 I Selection of participants and staff;
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2. Use of State and/or Federal funds;
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3: 20 Requirements for record keeping and reporting; and,
21 4. Provisions regarding the compensation and working conditions of participants and
22 non-discrimination requirements.
23 If regulations are amended or revised, Contractor shall comply with the revisions or shall notify
24 City within 30 days after promulgation of amendments or revisions that it cannot so conform.
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XI — NONEXPENDABLE PROPERTY
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27 The City reserves the right to determine the final disposition of said nonexpendable
28 property. The property shall be used and maintained by the Contractor as follows:
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1) Property shall be used solely in the performance of this Agreement.
2) No modifications shall be made to the property without the prior written
approval of the City.
The Contractor shall comply with the provisions of JTPA Directive 97-17, Property
Management, on all non -expendable property received under the Private Industry Council
Aerospace Network (PAN) projects.
XII--RECORDS
A. Access
Contractor shall give the Comptroller General of the United States, and any
authorized representative of the City or any, appropriate :federal or state agency complete .:access
to examine any and all records, books, participant files, papers, reports, audits.. And other
documents and physical evidence. related to. the program, as often as deemed necessary.b '.any,of
the authorized representative named by Executive Director.
B. Retention
The contractor shall make any and all JTPA-related records, reports, participant
files, and other documentation any physical evidence, in addition to documents required by this
Agreements, as may reasonably be requested by the City, available for inspection and audit by
any federal, state, or City agency, upon request, for three (3) years from the termination date of
this Agreement. In the event the litigation, unresolved audits and/or unresolved claims, the
Contractor agrees to retain all such records, reports, participant files, and other documentation I
and physical evidence beyond the three-year period, until all such litigation, audits, and claims I
have been resolved.
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1 C. Location,
2 The Contractor shall inform the City in writing of the exact location where all
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records, reports, participant files, and other documentation and physical evidence are to be
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5 retained within thirty (30) days of the beginning date of this Agreement. The Contractor shall
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inform the City in writing of any location changes within ten (10) days from the date the records,
7 reports, participant files, other documentation and physical evidence are moved. Any .transfers
-g- -oJ the records and -reports -beyond -the boundaries of -the PAN -Service Delivery Area; shall require
9 prior written approval by the City. If the Agreement ceases operations prior to five (5) years
10 from the beginning date of this Agreement or before all litigation, audits and claims have been
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resolved, the Contractor shall provide -the name, address, and telephone number .of othe
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13 Contractor's representative plus an inventory of all such records, reports, participants files, and
14 other documentation and physical evidence.
15 XIII- REPORTING REQUIREMENTS
16 A. General Reporting . _ F
17 At such times and .in such forms- as the City may require, ,there shall be furnished
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i such records, reports, data and. information as the. City may request pertaining to matters covered
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by the Agreement.
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21 B. JTPA Monthly Invoice and Closeout
22 1. On or before the twentieth (20) working day of each month, Contractor shall
23 submit to the City, on forms provided by the City, a complete and accurate monthly JTPA
24 invoice, including allowable accruals. Allowable accruals as used in the Agreements shall refer
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to expenses that can be accurately measured and estimated for inclusion in the total cost reported
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27 on the closeout of the grant within the contracted period. Any other costs not included will be
28 considered disallowed.
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2. Within twenty-one (21) days following the termination of the Agreement.
Contractor shall submit to the City a preliminary report of expenditures. Within forty (40) days
following the termination of the Agreement, Contractor shall submit to the City, on forms
provided by the City, complete and accurate final close-out invoice including accruals of
allowable expenditures and a remittance for all unearned grant funds as identified in the close-
out.
3. In -the -event Contractor does not submit a -final -close -out -within -the -prescribed
time frame, City reserves the right to unilaterally close-out the Agreement and use the invoice on
file :at City for determination of Contractor's; final allowable expenditures. City will riot
reimburse Contractor ,for any expenditure reported after the 21-day closeout date : following
termination of this Agreement. City shall provide to Contractor, .City's closeout forms at least
thirty (30) days prior to termination of Agreement.
C. MIS Reporting
Contractor shall submit to the City all MIS fortes within 10 days of the activity
date.,..The information submitted shall include, but not be limited to: enrollment date, completion
date; and placement date.
XIV -- INVENTIONS, PATENTS AND COPYRIGHTS
A. Reporting Procedure
If any project produces patentable items, patent rights, processes, or inventions in
the course of work under a DOL grant or agreement, Contractor shall report the fact promptly
and fully to City. City shall report the fact to the Grant Officer, at DOL. Unless there is a prior
Agreement between City and the DOL and its representative on these matters, the DOL shall I
determine whether to seek protection on the invention or discovery, including rights under any
patent issued thereon, will be allocated and administered in order to protect the public interest
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consistent with the "Government Patent Policy" (President's Memorandum for Heads of
Executive Departments and Agencies, August 23, 1971, and Statement of Govenunent Patent
Policy as printed in 36 CFR 16889).
B. Copyright Polly
1. Unless otherwise provided in the terms of the grant or Agreement, when
copyrightable material is developed in the course of, or under a DOL grant or Agreement, the
11 -author and the South Bay Private Industry Council which developed the
I material or to permit others to do so. City shall have a royalty -free, nonexclusive and irrevocable
license to reproduce, publish, use; and to authorize others to use all copyrighted material.
2. The U.S. Department of Labor reserves a royalty -free, nonexclusive, and
I.irrevocable license to reproduce, publish or otherwise use, and to authorize others to,use, for
Government purposes: The- copyright..: im-any work developed -under any grant," subgrant, or
Agreement under a grantor subgrant; and
a. Any right of copyright. to.. which a grantee, subgrantee or a :Contractor
.purchases ownership with grant support; and,
b. Contractor shall comply with the requirements of 29 CFR Part97.34.
C. Rights to Data
The U.S. Department of Labor and the City shall have unlimited rights to any data
first produced or delivered under this Agreement. Contractor shall comply with the provisions of
20 CFR 627.420(h)(iii).
XV -- CONFIDENTIALITY REQUIREMENTS
A. Contractor shall maintain the confidentiality of any information regarding I
Participants, and the immediate family of any applicant of Participant that identifies or may be
used to identify them and which may be obtained through application forms, interviews, tests,
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1 reports from the public agencies, counselors, or any other source. The Contractor shall not
2 divulge such information without the permission of the Participant, except for disclosure,,
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required by court process, order, or decree, and except that information which is necessary for
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5 purposes related to the performance or evaluation of the Agreement may be divulged to parties
6 having responsibilities under the Agreement for monitoring or evaluating the services and
7 performances under the Agreement and to governmental authorities to the extent necessary for
8 -the proper administration of the program.
9 B. Confidentiality of State/Counjy Records
10. Confidential information pertains to any data that identifies an individual, or an
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employing unit. Confidential information -is not open to .the public and requires special
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13 precautions to protect, it ,from loss, unauthorized use, access, disclosure, modification, and
14 destruction. The sources of information may include, but are not limited to,-Traployment
15 Development Department, the California Department of Social Services, :"thee California
16. Department of Education; the County Welfare Department(s), Directors of Child Support, the
7 Office of .the District Attorney, ; he :California Department of Mental Health- the California
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19 Office of. Community. Colleges .and the Department ,of Alcohol and Drug Programs, :The
Contractor agrees to:
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21 1. Keep all information furnished by State/County agencies strictly
22 confidential, and make the information available to its own employees only on a "need -to -know"
23 basis, as specifically authorized in this Agreement. Instruct all employees with State/County
24 information access regarding the confidentiality of this information and of the penalties for
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unauthorized use or disclosure found in section 1798.55 of the Civil Code; section 502 of the
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27 Penal Code; section 2111 of the Unemployment Insurance Code; section 10850 of the Welfare
28 and Institutions Code and other applicable local, State and federal laws.
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2. Store and process information electronically, in a manner that renders it
unretrievable by unauthorized computer, remote terminal, or other means. State/County
confidential information should be returned promptly and/or, all copies/derivations should be
destroyed when no longer in use. An approved method of confidential information destruction
should be used: shredding, burning, or certified/ -witnessed destruction. Magnetic media are to
be demagnetized, or returned to appropriate agency. In no event, shall said information be
disclosed to any individual outside of the Contractor staff, and/or their employees.
XVI-- CERTIFICATION REGARDING CHILD SUPPORT COMPLIANCE PROGRAM
Contractor, by signing this Agreement, hereby certifies compliance with the Child
Support Compliance ,Act of -the .State. of ;California, as implemented by the -Employment
Development Department. Contractor assures that to the best of its knowledge,. it is fully
icomplying with the -earnings assignment orders of all employees, and is providing the names of
all new employees ;to the New Hire Registry maintained by the California Employment
Development. Department. Contractor recognizes and acknowledges, the importance of child
and ,.family: support; obligations and shall fully comply: with applicable state- and federal laws
relating. 'to ''.child and -family support enforcement, including, . but not limited to, disclosure,of
information and compliance -with earnings assignment orders, as provided -in Chapter 8
(commencing with Section 5200) Part 5 of Division 9 of the Family Code. Contractor's failure
to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and the Contractor may be ineligible for award of future
Agreements if City determines that any of the following has occurred: (1) False certification, or
(2) Violation the certification by failing to carry out the requirements as noted above.
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1 XVII _- FISCAL ACCOUNTABILITY
2 Contractor shall establish and maintain a sound financial management system, based
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4 upon generally accepted accounting principles, An integral part of the required financial
5 management system is a system of internal accounting controls that will provide reasonable
d assurance that JTPA assets are safeguarded against loss from unauthorized use or disposition,
7 and that accounting transactions affecting JTPA fund accountability are properly recorded to
8._ permit -the p-mparationzf accuuate and suppo ahle Tinancia�repo s.--- -�- -- __--------
9 XVIII -- DEBARMENT AND SUSPENSION CERTIFICATION
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In accordance with Executive Order 12549, Debarment and Suspension, 29 CFR Part 98,
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12 Section 98.5 1 0,� Contractor shall complete a Debarment and Suspension Certification` and shall
13 obtain Debarment and .Suspension. certifications as a precondition for nonmandatory -awards to
14 subrecipients awarded'proenrement in excess of $25,000. Such certification` assures that Federal
1.15 funds .are not provided -•to parties 'that are "debarred, suspended, ineligible, or, voluntarily-
16 -excluded" in the current Federal List of Parties Excluded from Procurement or Nonprocurement
17 Programs.
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XIX =- COMPLAINT
-RESOLUTION PROCEDURES
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20 A. -South Bay Private Industry Council (SBPIC) Complaint Resolution Procedures
21 1. Contractor shall comply with the SBPIC JTPA Complaint Resolution
22 Procedures, and any changes incorporated therein during the term of this Agreement, in the
23 resolution of complaints alleging a violation of the JTPA, the JTPA regulations, the grant or any
24 other Agreements under the Act, SBPIC shall furnish a copy of its procedures to Contractor
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upon execution of this Agreement.
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2.7 2, Contractor shall provide to each eligible participant and staff a copy and/or
28 summary of the SBPIC JTPA Complaint Resolution Procedures during orientation, In the event
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that Contractor subcontracts with another party for the provisions of training or job development
services to a participant, the subcontractor shall require that the participant receive access tc
JTPA grievance procedures at each tier of service. Contractor shall maintain written
documentation that each JTPA staff person and participant has received information regarding
the SBPIC JTPA Complaint Resolution Procedures.
B. Contractor JTPA Participant Complaint Resolution Procedures
1. Contractor (with the exception of those providing CWsrooin- Training
exclusively) shall develop and maintain procedures for the resolution of complaints involving the
terms and conditions of participant employment. Classroom Training contractors shall provide
JTPA participants with copies of the SBPIC .grievance procedures and shall instruct participants
that they have the option of•filing,complaints directly with the SBPIC.
2;-Contractotr shall provide each participant with.a copy of its Internal JTPA
participant complaint resolution procedures upon enrollment into the program -or during
orientation. In the event that Contractor subcontracts with another party for -the provisions of
training or job developnierit 'services to a.participant, the subcontractor shall. require that the
'participant receive access to JTPA:grievance procedures at each tier of rService. 'Contractor shall
:maintain written documentation that each 'JTPA -staff person '.and, participant has received
information regarding the SBPIC JTPA Complaint Resolution Procedures.
C. Contractor shall not discriminate or retaliate against any person, or deny to any
person a benefit to which that person is entitled under the provisions of the JTPA Act or JTPA
Regulations because such person has filed a complaint, has instituted or caused to be instituted
any proceeding under or related to the Act, has testified or is about to testify in any such
proceeding or investigation, or has provided information or assisted in any investigation.
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D. Contractor shall permit the Directorate of Civil Rights (or a representative) access
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2 to its premises, participants, employees, books, and papers should the need arise during
3 complaint investigation.
q XX — AUDITS AND REQUIREMENTS
5 Contractor shall comply with audit requirements as identified JTPA regulations (20 CFR
6 627.480) and respective Office of Management and Budget (OMB) Circulars and other
7 applicable Federal, State, and local policies and regulations. Contractor shall be responsible for
determining whether it is subject to the OMB Circulars, or other federal auditing requirement,
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10 and, if so, shall be responsible for compliance with the audit and requirement thereof. Such
11 audits shall be paid for by the Contractor. ' Commercial organizations which are subrecipients
12 receiving $300,000 or more in Federal financial assistance to operate a JTPA program shall
13 comply with the audit requirements set forth in Section '627.480 of the JTPA regulations.
14 ;.Contractor shall allow authorized City, Statc;'' and Federal representatives to have full
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access to the .Contractor's facilities and all related JTPA doeumentation and other physical
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evidence for th'e purposes of auditing, evaluation, inspection, `arid monitoring of the program set
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18 forth in this 'Agreement, including the interviewing of the Contractor's staff and program
19 participants during normal business hours,
20 The City shall have the authority to examine'the books and records used by the contractor
21 in accounting for expenses incurred under this Agreement. Should these books and records not
22 meet the minimum standards of the accepted accounting practices of the City, the City reserves
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24 the right to withhold any or all of its funding to the Contractor until such time as they do meet
these standards.
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26 The City shall have the authority to examine all forms and documents used, including,
27 but not limited to, purchase requisitions, purchase orders, supply requisitions, invoices, journal
28 vouchers, travel vouchers, payroll checks, and other checks used by the Contractor.
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The City may require the Contractor to use any or all of the City's accounting or
administrative procedures used in planning, controlling, monitoring, and reporting of all fiscal
matters relating to this Agreement.
The City reserves the right to dispatch auditors of its choosing to any site where any
phase of the program is being conducted, controlled, or advanced in any way, tangible or
intangible. Such sites may include the home office, any branch office, or other locations of the
Contractor if such sites or the activities performed thereon have any relationship to the program
covered by this Agreement.
When a fiscal or special audit determines that the Contractor has expended funds which
are questioned under the criteria set forth herein, the Contractor shall be notified and given the
opportunity to justify questioned expenditures prior to the City's final determination of the
disallowed costs, in accordance with the procedures established under 7TPA.
XXI-- BREACH
In the event any party fails to -perform, in whole or in part, any promise, covenant, or
agreement herein, or should any representation :made by it be untrue, any aggrieved party may
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avail itself 'of all rights and remedies, at law or equity, in the courts of law. Said, rights 'and
remedies are cumulative of those provided for herein with respect to termination, if any, except
that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be
unjustly compensated.
XXII-- NOTICES
All notices to be given in accordance with this Agreement shall be deemed served by (1)
enclosing sarne in a sealed envelope addressed to the party intended to receive the same at the
address indicated herein and deposited postage prepaid in the United States Postal Service, or by
(2) personal service. For these purposes, the addresses of the parties shall be as follows:
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City
Attn: Jan Vogel
City of Inglewood
South Bay Service Private Industry Council
One Manchester Blvd.
Inglewood, California 90301
Contractor
Attn: M.%da4yg@takW Deborah Sanchez, WORK Center Coordinator
City of Santa Ana
Santa Ana Private Industry Council
1000 East.Santa Ana BIvd., Suite 200
.-Santa -Ana, CA, 9270.1
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I XXIII - ENTIRE AGREEMENT
2 This Agreement, including all Exhibits referenced, constitutes the entire
3 Agreement of the parties and supersedes any previous oral negotiations or written expressions of
•4
intent between the parties.
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6 IN WITNESS WHEREOF, the parties hereto have agreed on this date and year
7 first above written.
g. By: Cijy. of SantCAG.
9 Signature:
10 Dame: Mig A. Pul.ido
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Title: Ma or
__ . v__
I2
ATTEST:
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I CLERK
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APPROVED AS TO FORM:
17 I Y ATT RNEY
18 CITY INGLEWa
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20 ATTEST: M OR FRO TEM
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CITY CLERK
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25 APPROVED AS TO FORM:
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28 1 CITY ATTORNEY
'Approved as to co a:,-t,.3
City Manager
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EXHIBIT "A"
PROGRAM OUTLINE
Type of Services Program Coordination, Retraining and Basic Readjustment
Services
Brief Description of Services to be Provided
Contractor shall provide program coordination., retraining and basic readjustment services for
JTPA eligible displaced AEROSPACE workers. Contractor will be responsible for coordinating
and scheduling on -site services and workshop activities; providing intake/eligibility
determination, individualized assessment, counseling and case management, job development
and placement into employment, development of and referral to classroom training opportunities
in accordancevith classroom training individual'referral (CTIR) procedures and development of
and referral to On -The -Job Training (OJT) opportunities with private sector employers.
Enrollment Criteria
Participants must meet JTPA/EDWAA Title III eligibility criteria. Contractor shall determine
eligibility. Participants must have meet the following additional criteria:
Dislocated during the period of January 1, 1995 to June 30, 2000
or
-Dislocated from an identified Aerospace Network Employer/Supplier
Enrollment Site City of Santa Ana
Santa Ana Private Industry Council
1000 East Santa Ana Blvd., Suite 200
Santa Ana, CA. 92701
and/or
Various Locations within the City of Santa Ana
Hours of Operation Contractor shall provide services from 5:00 a.m. to 5:0.0 p.m. Monday
through Friday except Holidays.
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EXHIBIT "B"
COMPENSATION SCHEDULE
Voucher shall be paid on a cost reimbursement basis. All costs must be documented in
accordance with State and Federal policies and procedures. Any waivers of requirements will be
formally issued the PAN administration upon approval from State and Federal entities.
Schedule of Submission of Voucher/Invoices
Basic Readjustment / Retraining (post -classroom only) Monthly
Supportive Services Monthly
Administration Quarterly
Basic Readjustment / Retraining Based on your SDA's Cost Methodology
Retraining
(Referrals Only --No liebnbnrsernenls)
Supportive Services
Administration
As specified on the RTVD/ PTVD Lists
$800
7.5% --- BASED UPON ACTUAL BASIC
READJUSTMENT AND RETRAINING
REFERRALS
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EXHIBIT "C"
CONTRACTOR'S REQUIRED DOCUMENTS
Contractor agrees to provide Administrative Entity with the following documents.
Reimbursement will be withheld pending receipt, acceptance (and/or approval where indicated
by asterisk) of these documents by PAN Administrative Entity, the Private Industry Council, its
Committees or PIC Counsel and/or City Legal Department when applicable.
ONE COPY OF EACH OF THE FOLLOWING AS NOTED: (SBPIC will check N/A if not
applicable.)
N/A 1. Current State Department of Education Certification(s):
Facility — Curriculum ,__,_ Instructor
In the, event of any changes in facilities, curriculum, and/or instructor(s), or if
renewals are required, Contractor shall obtain SEE certification for the changes
and renewals and forward copies of same to City.
2. Check type of organization:
Public X - Private for Profit _ Private Nonprofit ^ Corporation
Partnership ` Proprietorship
Legal Status Documents:
N/A
3.
Articles of Incorporation with State of California Certification
N/A
4.
By -Laws of Corporation
N/A
5.
Fictitious Name Statement
N/A
6.
Business License
N/A
7.
Non-profit status letter from IRS [i.e. 501(c)(3)]
for non-profit agencies.
S.
Other:
N/A 9. Program Orientation Packet
X 10. Grievance Procedures (SBPIC/PAN policies)
N/A 11. Agency Policies, including, but not limited to absentee/lateness policy, Holiday
schedule, disciplinary procedures.
N/A 12. If Contractor's OJT subagreement is used, submit written assurance of compliance
with SBPIC/PAN OJT subagreement requirements. Complete and maintain in
contract file, a signed OJT Subagreement Certification form.
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OTHER DOCUMENTS
Administrative and fiscal information:
X 1. Completed SBPIC/PAN Authorized Signature form listing names and signatures
of those persons authorized to execute Agreements, contracts, modifications,
fiscal statements and other documents for Contractor.
X 2. Contractor shall complete 504 handicapped accessibility survey forms prior to
written authorization to enroll.
N/A 3. Debarment and Suspension Certification (for contracts over $25,000).
N/A 4. Lobbying Certification and Disclosure (for contracts in excess of $100,000).
X 5. Americans with Disabilities Act Certification.
X 6. Drug Free Workplace Certification.
X 7. Other, specify: Statement of Current Cost Methodolmy,
Required Insurance Certificates:
X 1. General Liability Coverage with endorsements.*
X 2. Automobile Liability Coverage with endorsements.*
X 3. Worker Compensation Coverage
Endorsements must be as defined in Contract in Section VII Part D, naming City
of Inglewood, its officers and employees as additional insured.
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EXHIBIT "D"
PROGRAM PLAN: RETRAINING & BASIC REAADJUSTMENT SERVICES
AND PERFORMANCE STANDARDS
Contractor Name: City of Santa Ana
Training to be provided: Program Coordination, Retraining and Basic Readjustment
Services
"If Contractor's current service delivery system meets all JTPA State and Federal requirements
applicable sections of this exhibit will be waived.
I. CONTRACTOR RESPONSIBILITIES:
A. COORDINATION ACTIVITIES Administrative Voucher
1. Project Coordination
Contractor shall oversee, coordinate and administer basic readjustment
and retraining services for identified aerospace layoffs. Contractor shall
ensure compliance with enrollment, cost compliance and expenditure.
plans, shall oversee the preparation, completion, and timely
submission of all participant Management Information System (MIS)
forms, and maintain participant files. Contractor shall submit monthly
ern'ollnaent/termination/placement and expenditure reports in accordance
with SBSDA requirements.
B. BASIC READJUSTMENT SERVICES R/RT Voucher
1. Recruitment and Outreach
W1ien applicable to ensure compliance with enrollment plan(s), Contractor
shall conduct targeted recruitment to eligible displaced workers through
established linkages with the targeted employers and labor management
committees of companies experiencing massive layoffs or plant closures.
Individuals recruited by Contractor must be provided intake, assessment
and development of an individualized service strategy (ISS).
2. Orientation to the Full Array of TraininLy and Employment Services
Available within the PAN
Unless provided in accordance with rapid response activities, Contractor
shall conduct regular orientation sessions. Attendees will be provided
with information regarding both JTPA and non-JTPA training and
education programs available within the South Bay service delivery area.
Orientation shall include SBPIC and/or PAN grievance and complaint
policies and procedures.
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3. Preliminary -Screening, Participant Registrations and Eligibility
Determination
Contractor shall provide preliminary eligibility screening and register
potential participants in accordance with SBSDA eligibility guidelines and
procedural requirements of the PAN Additionally, Contractor shall
provide intake and eligibility determination. Contractor shall assume all
liability related to disallowed costs for this activity will be assumed by the
Contractor. This process shall include an initial assessment of basic skill
needs to determine if individuals are deficient in this area.
4. Enrollment
Enroll eligible applicants and provide in-depth objective assessment,
retraining, job development and placement services in accordance with
polices and procedures described by the SBPIC / PAN. In no event are
participants to be enrolled and training begin until participants are
determined eligible. Contractor is liable for any costs disallowed on
individuals enrolled prior to eligibility determination. If 45 days has
elapsed since eligibility was determined, a re -certification of eligibility
must be done by the Contractor.
5. Grievance Procedures
Provide SDA and Contractor written grievance/complaint resolution and
non-discrimination policies and procedures to applicants and participants
with explanation of process. In addition to standard grievance/complaint
resolution and non-discrimination procedures, handicapped participants
shall also receive grievance/complaint resolution and non-discrimination
policies and procedures -applicable to handicapped persons. A document
verifying receipt of these documents shall be signed, dated, and
maintained in participant file..
6. In-depth Objective Assessment
Contractor shall provide in-depth objective assessment to determine at the
time of entry, an individual's skill levels and needs for referrals to
appropriate training and educational programs leading to employment and
is the primary resource for the development of the participant's Individual
Service Strategy (ISS) or Individual Reemployment Plan (IRP).
Contractor shall administer, score and evaluate interest/values inventories
as well as aptitude tests for program participants. Counselors shall assist
participants with career exploration, evaluate the transferability of skills,
and jointly, with participant, develop an Individual Service Strategy (ISS)
plan for retraining and/or placement services. The assessment process
shall, at minimum, take into account the participant's family situation;
education, basic educational skills; work skills and prior work experience;
occupational skills; life circumstances and barriers to participation in
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retraining and/or work; employability, attitudes toward work, and
motivation; interests and career goals and aptitudes (including interests
and aptitudes of women regarding non-traditional employment); support
services needs; and personal employment information relating to the local
labor market. Evidence of assessment activities (completed assessment
instruments and the ISS/IRP) shall be maintained in participant file.
7. Development of Individual Service Strate / Individual
Reemployment Plan
Contractor staff and participants will jointly develop an ISS/IRP leading to
re-employment. The ISS/IRP is an individual plan for a participant which
includes an employment goal, appropriate achievement objectives, and the
appropriate combination of training and services for the participant based
on the in-depth objective assessment. The ISSARP shall be maintained in
the participant file.
8. Referral to Training
Based on assessment results, the ISS will indicate an appropriate mix of
services to promote the participant's achievement of his/her vocational
objective. Contractor staff will refer participants to training and education
programs provided by training programs as made available by the PAN,
using the PAN Referral form and appropriate procedures.
9. Counseling/Case Mana ement
Each participant will be assigned a Case Manager from .the Contractor.
The Case Manager will provide on -going counseling and referrals to the
participant prior to, during and for six months following training and/or
provision of -services. Case Managers shall assist . participants in
realistically assessing their abilities, needs and potential; provide guidance .
- in the development of occupational vocational goals and the means to
achieve those goals; assist participant(s) during participation in program as
needed and appropriate -to ensure successful completion and placement
into unsubsidized employment. The Case Manager will oversee the
participant's progress in his/her various training activities, conduct
periodic reviews of the participant's achievement of objectives indicated
within the ISS and revise the ISS as needed. Case Managers shall
maintain a record of counseling services provided in participant file and
document services provided at no Iess than 30 day intervals and ensure
compliance with 30-90 day rules concerning termination from training
and/or services only activities. Contractor shall ensure that all basic
readjustment services (individual and group activities) are
documented ion each participant's counseling record.
10. Job Search Assistance, Job Development, Referral and Placement
Service
Contractor shall provide job search assistance, job development and
referral services to ensure placement into permanent unsubsidized
employment in excess of 20 hours per week. These services shall be
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provided to participants not placed upon completion of retraining activities
as well as participants receiving basic readjustment services only,
Contractor shall ensure that no less than 70% of total participants are
placed in permanent unsubsidized employment.
11. Provision of Support Services
Participants requiring support services (e.g. transportation assistance, child
care, medical services, etc.) will be provided these services through
resources and referrals determined appropriate by Contractor's Case
Managers as allowable under the Job Training Partnership Act. Contractor
shall refer participants to non -financial services, when appropriate and
possible.
Termination of Partici ant
If a participant decides to drop out of the program or if the Contractor
determines that a participant can no longer benefit from the program, the
participant shall be terminated and, if possible, an exit interview
conducted prior to termination. The purpose of this interview shall be to
counsel participantabout other agencies and resources which may be of
assistance. Contractor shall retain a written record of termination counse-
ling in the participant's file, including specific reasons for termination,
including any disciplinary action taken.
Follow-up Services
Contractor shall maintain continuous contact with participants who have
terminated from retraining and basic readjustment services and record
follow-up and services provided at 30, 60, and 91 day intervals to ensure
placement and retention into permanent unsubsidized employment at no
less than 20 hours per week.
STAFF RETRAINING ACTIVITIES(Retraining Referral FormlRetrainin
Voucher
f.
1. Development of and Referral to Classroom Training O ortunities
In the event displaced worker participants need classroom training which
is not currently on the SBSDA / PAN Vendor List, Contractor shall assist
in identifying and soliciting bids from vendors, or commercially available
training packages in accordance with the participant's ISS and the
SBSDA/PAN procurement procedures. Such bids will be reviewed and
approved by the SBSDA/PAN for contract development and execution.
Training costs shall be reimbursed by the appropriate SBPIC/PAN in
accordance with tuition reimbursement contracts. Contractor shall
monitor participant progress with training, document completion
competencies and maintain copies of signed completion competency
documentation and/or certificate of successful completion in participant
files.
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2. Develo meat of and Referral to On -The -.Job Training OJT
When indicated in participant's ISS that the displaced worker would
benefit from an OJT with private sector employer who would ensure that
the participant acquires the skills, knowledge, and abilities necessary to
perform satisfactorily in a position for which the participant is trained,
Contractor shall identify and develop appropriate OJT retraining
opportunities in accordance with SBPIC/PAN procedures and refer
participant to the on-the-job training with a private for profit
employer/contractor. Retraining costs shall be reimbursed by the
appropriate SBPIC/PAN City in accordance with the OJT agreement and
Retraining Voucher.
Contractor will maintain individual participant folders containing, but not limited
to the following:
1. Completed application and Eligibility Documentation.
2. 45 day update authorization
3. Individual Service Strategy
4. Referral information
5. MIS enrollment/completion/placement and follow-up information
6. Signed training agreement
7. Counseling/Case Management records
8. Documentation of all program activities and other services provided by
contractor
E. RAPID RESPONSE
No Funds Identified Under This Contract
-- K1 • PARTICIPANT UNALLOWABLE ACTIVITIES AND COSTS
Contractor will comply with the following guidelines per JTPA Directive 97-5, or
compensation maybe disallowed;
1. Public Service Employment
No hinds will be used _under this contract. for public service -employment,
subsidized employment with public and non-profit employers providing public
services.
2. Sectarian Activities
The employment or training of participants in sectarian activities is prohibited.
3. Political Activities
No financial assistance may be provided for any program which involves political
activities.
4. Maintenance of Effort
35
a. No currently employed worker shall be displaced by any participant
(including partial displacement, such as a reduction in hours of
non -overtime work, wages or employment benefits).
b. No program shall impair existing contracts for services or collective
bargaining agreements, except that no program under this act which would
be inconsistent with the terms of a collective bargaining agreement shall
be undertaken without the written concurrence of the labor organization
and employer concerned.
G. No participant shall be employed or job opening filled (1) when any other
individual is on layoff from the same or any substantially equivalent job,
-- or 2) when the emp Oyer has ermma'e -Jhe em-11) o 3=eent--with-_tlie
intention of filling the vacancy so created by hiring a participant whose
wages are subsidized under this contract.
d. No jobs shall be created in a promotional line that will infringe in any way
upon the promotional opportunities of currently employed individuals.
5. JTPA funds received by agencies or individuals may not be used to assist,
promote, or deter unionization.
6. No funds provided under:JTPA may be used for contributions on behalf of any
participant to retirement systems or plans.
7. No person or .organization may charge an individual a fee for the placement or
referral of such individual in or to a training program fiinded under this Act.
8. Davis Bacon wages shall . be paid to participants employed as laborers or
mechanics by contractors or subcontractors, when working in construction which
is assisted under the Act .and which is related to a building used for JTPA `
programs.
9. Funds provided •under this. Act shall only be used for activities which are in
addition to those which would otherwise be available in the area in the absence of
such funds.
10. No funds may be used to assist in relocating establishments, or parts thereof, from
one area to another unless such relocation will not result in an increase in
unemployment in the area of original location or in any other area.
11. Funds provided under this Act shall not be used to duplicate facilities or services
available in the area (with or without reimbursement) from Federal, State, or local
sources, unless it is demonstrated that alternative services or facilities would be
more effective or more likely to achieve the service delivery area's performance
goals.
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II. CONTRACTOR PERFORMANCE
Evaluation Standards
Contractor will be evaluated on all activity completed within the term of the contract.
Activity not completed during the term of the contract will be carried over and evaluated
within the program year in which the contract was terminated. Evaluation of contractor
performance may include, but not be limited to the following:
A. Administrative Capability_ Contractor's ability to comply with contract
requirements. Administration of Program, including but not limited to:
1. Documentation
2. Participant Records
3. Prompt and accurate invoicing
4. Cooperation
B. Services provided to participants in accordance with the PAN Participant Service
Plan (issued by SBSDA).
- C, Contractor shall maintain an entered employment rate of 70% for all participants
(out of basic readjustment and retraining). Performance below 50% may result in
suspension, modification, or termination of this agreement.
D. Contractor shall maintain retraining expenditures at no less than 50% of total
expenditures.
III. OBLIGATIONS OF THE PARTIES
A. Contractor. understands that this Agreement is based upon a COST
REIMBURSEMENT Voucher System.
B. Contractor- agrees that Job Development for participants accepted into training
program shall be a primary responsibility of Contractor,• including job solicitation
and job creation:
C. Contractor understands that once a participant is enrolled and costs have been
incurred, responsibility for referral to training and placement is assumed.
D. Contractor understands that the Administrative Entity is charged with .tracking
and reporting on compliance and performance of all Agreements to the South Bay
Private Industry Council/PAN and/or designated committees. Administrative
entity is required to monitor and provide evaluation information to appropriate
persons and committees. Such methods for evaluation may include surveys of
participants and employers.
E. Contractor understands that this program plan is subject to modification in order
to comply with required policies, procedures and/or interpretation of state
guidelines.
F. Contractor understands that all costs paid out for an ineligible participant enrolled,
and any costs associated with services provided under this agreement found to be
disallowed in an audit shall be the sole responsibility of the Contractor. The
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SBPIC/PAN will withhold amounts owed the debtor for past services or other
considerations already provided in satisfaction of the debt owed or use any other
repayment method identified in the SBPIC debt collection policy.
G. The conduct of the parties to this agreement shall be in accordance with Title VI
and VII of the Civil Rights Act of 1964, and the rules and regulations
promulgated thereunder. In addition,
1. During the performance of this Agreement, the Contractor, Subgrantee
and its subcontractees shall not deny the Subgrants benefits to anyone on
the basis of religion, color, ethnic group identification, sex, age, physical
or mental disability, or political affiliation, nor shall not discriminate
._ ..._ ._.... -urrlawfW] ains"n to lk=-f Y� Y�� �P� ur-enTloyrrienat-beca es of -- .. .
race, religion, color, national origin, marital status, age, sex, or political
affiliation. Subgrantee shall insure that the evaluation and treatment of
employees and applicants for employment are free of such discrimination.
2. Contractor shall include the nondiscrimination and compliance; provisions
of this clause in all subcontracts to perform work under the Subgrant.
H. Contractor will administer its programs under the Job Training Partnership Act in
full compliance .with safeguards against fraud, abuse and criminal activity as set
forth in JTPA Regulations. Contractor's employees and participants shall be alert
to any instances of fraud, abuse, and criminal activity committed by staff .or
program participants and report all such instances to the administrative entity
within. 24 hours of -discovery in accordance with requirements and procedures
contained in JTPA Regulations and JTPD Directive 98-6. Contractor shall
provide evidence of notification to employees and participants of policies and
reporting procedures concerning fraud, abuse and criminal activity.
To
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