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HomeMy Public PortalAboutCITY OF HAWTHORNE SOUTHBAY WORKFORCE INVESTMENTSOUTH BAY WORKFORCE INVESTMENT AREA (AMERICAN RECOVERY AND REINVESTMENT ACT) FUNDING AGREEMENT NO.09-H116 BETWEEN THE CITY OF HAWTHORNE AND THE CITY OF CARSON THIS AGREEMENT is made and entered into this day of 2009, by and between the CITY OF HAWTHORNE, a municipal corporation, hereinafter referred to as "City" and the CITY OF CARSON, a municipal corporation, hereinafter referred to as "Contractor" with its principal place of business located at 701 E. Carson, Carson CA. WHEREAS, the City is the Administrative Entity for the South Bay Workforce Investment Area (SBWIA); and WHEREAS, the South Bay Workforce Investment Board (SBWIB) is the policy and oversight authority for the SBWIA; and WHEREAS, City is receiving and will be receiving federal funds from the State of California under the Workforce Investment Act (WIA), for the purpose of providing employment and training services to eligible participants; and WHEREAS, on April 20, 2009, the State of California awarded the City funds under the American Recovery and Reinvestment Act (ARRA) of 2009 "Recovery Act" to provide employment and training services to adults, dislocated workers and youth; and, WHEREAS, on April 20, 2009, the State of California awarded the City funds under the American Recovery and Reinvestment Act (ARRA) of 2009 "Recovery Act" to provide rapid response activities and services; and, WHEREAS, Contractor represents itself as being qualified and capable of providing said services in accordance with all the rules and regulations developed to implement said statutes and in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the recitals and the mutual obligations provided herein, the parties hereto agree as follows: 1 I — CONTRACTOR REQUIREMENTS/RESPONSIBILITIES Contractor shall be required to provide job training and employment program services set forth in the Exhibits listed below, attached hereto and incorporated herein by this reference: Exhibit A Statement of Work - Adult Exhibit Al Statement of Work – Youth Exhibit A2 Statement of Work – Rapid Response Exhibit B City of Carson Grant Summary Exhibit C Budget Summary Forms Exhibit D Common Measures Performance Exhibit E General Provisions Exhibit F Consultants Further Responsibilities. Contractor shall: A. Fully cooperate with authorized representatives of the South Bay Workforce Investment Area, the City, State and Federal governments including independent auditors, seeking to interview any program participant or staff member of Contractor, or to evaluate, inspect and/or monitor those facilities and operations of Contractor that are directly involved in the implementation of programs funded through this Agreement. Provide services funded under this agreement only to individuals determined eligible under WIA guidelines as designated by the SBWIB. B. Provide facilities, which are adequate to fulfill the requirements of this Agreement. C. Provide services as described in Exhibit A and Al, Statement of Work. D. Contractor shall 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 applicable to the program under which the participant is enrolled. 2 II - COMPENSATION A. The parties agree that this shall be a cost reimbursement agreement. Only allowable program costs described in Exhibit C, Budget Summary Forms will be reimbursed for actual expenditures incurred during the program year, not to exceed budgeted amounts for which the Contractor has adequate supporting documentation of such expenditures. The Contractor shall not request reimbursement based upon budgeted amounts and in no case shall the total amount of reimbursement by City under this Agreement exceed the sum of $360,325. B. Contractor shall bill City monthly in arrears for actual prior month expenditures in accordance with procedures set forth by the City and SBWIB. C. The parties agree that the City reserves the right to prorate Contractor's reimbursement based upon the cost per participant and the number of participants enrolled as described in Exhibit A and Al, Statement of Work. In addition, a percentage of total costs, or the final payment, which represents a percentage of total costs, may be held pending Contractor's adherence to minimum performance requirements. D. The City reserves the right to withhold or refuse payment for Contractor's failure to meet minimum performance requirements. E. 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, SBWIB, individual participants or any other party, other than as specifically detailed in this Agreement. F. Notwithstanding the provisions concerning the term of the Agreement, funding shall be provided according to the following provisions: 1. The acceptance by the City of the performance of the Contractor under the terms of the Agreement. 3 2. This Agreement is funded solely under the Workforce Investment Act (WIA). In the event the WIA is canceled or WIA funds to the City are terminated, this Agreement will likewise terminate. Contractor shall have no recourse to non-WIA funds. 3. Contractor and City hereby agree that payment will be by City -draft within thirty (30) days following receipt and approval of each monthly invoice or within the course of ordinary City business, whichever occurs first. 4. Payments to the Contractor may be withheld by the City if the Contractor fails to comply with the provisions of this Agreement. 5. Contractor shall be responsible to repay any disallowed costs as determined by the City, its agent, the State or the Department of Labor (DOL). III -- TERM OF AGREEMENT The term of the Agreement shall be from February 17, 2009 to June 30, 2010. Contractor shall be responsible for submitting a budget detail for each program year in order to receive subsequent program year funding. The parties may extend this Agreement for one (1) additional year upon the same terms and conditions as are set forth in this Agreement. Any such extension shall be in writing, signed by an authorized representative of each party, and entered into prior to the expiration of this Agreement. IV -- MODIFICATIONS A. Unilateral Amendment At any time during the term of this Agreement the City reserves the right and authorized the SBWIB, Executive Director to modify this Agreement upon written notice to the Contractor under the following circumstances: There is an increase or decrease in Federal or state funding levels. 2. A modification to the Agreement is required in order to implement an 11 adjustment or modification to the plan. 3. Funds awarded the Contractor have not been or shall not be expended in accordance with the schedule included in the approved Agreement. The City determines that funds shall not be spent in a timely manner, and such funds are for that reason to the extent permitted by and in a manner consistent with State and Federal law, regulation and policy, reverting to the Contractor. 4. There is a change in state or federal law or regulation requiring a change in the provisions of this Agreement. B. Except as provided above, this Agreement fully expresses the agreement of the parties. The City must by means of a separate written document approve any modifications or amendment of the terms of this agreement. No oral conversation between any officers of employee of the parties shall modify this Agreement in any way. V -- ASSIGNMENTS AND SUBCONTRACTORS A. Contractor shall neither assign this Agreement nor enter into any subcontract for the performance of services required herein without securing the prior consent of City. Any attempt by the Contractor to subcontract any performance of services under this Agreement without the prior written consent of the City shall be null and void and shall constitute a material breach of this Agreement upon which the City may immediately terminate this Agreement in accordance with the provisions of Section XXII of this Agreement. include: B. Contractor's request to the City for approval to enter into a subcontract shall A description of the services to be provided by the subcontractor. 2. Identification of the proposed subcontractor, a description of the manner in which the proposed subcontractor was selected, and a statement of the extent of competition, if any, involved in the award of the subcontract. 5 3. Any other information or certification requested by the City/SBWIB. C. In the event the City/SBWIB consents to subcontracting, all applicable provisions and requirements of this Agreement shall be made applicable to such subcontract. To accomplish this requirement, the Contractor shall include in all subcontracts the following provision: "This Agreement is a subcontract under the terms of a prime agreement with the City of Hawthorne and shall be subject to all the provisions of such prime contract. All representations and warranties under this subcontract shall inure to the benefit of the City of Hawthorne." D. All subcontracts shall be made in the name of the Contractor and shall not bind nor purport to bind the City. The making of subcontracts hereunder shall not relieve the Contractor of any requirement under this Agreement, including, but not limited to, the duty to properly supervise and coordinate all the work of the Contractor and any subcontractor. Approval of the provisions of any subcontract by the City shall not be construed to constitute a determination of the allowability of any cost under this Agreement. E. The Contractor agrees that it shall be held responsible to the City for the performance of any approved subcontract. Subcontracts shall be in writing, with a copy of each such agreement forwarded to the City at or about the time of execution. F. The Contractor shall be solely liable and responsible for any and all payments and other compensation for all subcontractors and the City shall have no liability or responsibility with respect thereto. G. The Contractor shall not assign or subcontract any part or all of its interest in this Agreement without written approval from the City/SBWIB. H. All applicable provisions and requirements of this Agreement shall apply to any subcontracts or subagreements. The Contractor agrees that the Contractor shall be held no responsible by the City for the performance of any subcontractor(s). Procurement of subcontractor and/or vendor services must be in compliance with appropriate County, State, and federal regulations, directives, and policies. Subcontracts must be in writing and a copy of each subcontract must be made available upon request. VI -- INSURANCE A. General Liability Insurance Contractor shall procure and maintain general liability insurance protecting Contractor and City, its officers and employees against claims arising from bodily injury or death to persons occurring on Contractors 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 equivalent coverage as approved by the City Attorney. 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 author- ized to do business in the State of California. The coverage shall be $1,000,000 combined single limit liability, or other equivalent coverage approved by the City Attorney. C. Worker Compensation Contractor shall provide worker compensation insurance coverage and benefits which complies with provisions of the California Labor Code, covering all employees of Contractor and, if applicable, other comparable insurance coverage such as medical and accident insurance for those participants enrolled in classroom training or similar programs and not qualifying as employed under worker compensation, as required by State or Federal law. 7 D. Fidelity Bond In the event City chooses to make payment required herein by this Agreement by way of advancement as opposed to reimbursement, Contractor shall be required to provide and maintain a blanket fidelity bond which shall apply to the performance of any director, officer or agent of Contractor who signs or authorizes signatures on checks or drafts or in any manner authorizes the disbursement of project funds. Prior to the payment of program funds, by City, 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 under such bond. The amount of the bond shall be no less than $50,000 or the highest advance planned for the present Agreement, whichever is higher. E. Certificates of Insurance Contractor shall furnish to City evidence of any insurance required by this Agreement. A Certificate of Insurance from an insurer admitted to do business in the State of California will be provided, indicating that the respective policies meet the following requirements: 1. The City, its officers and employees shall be named as additional insured. 2. Insurance shall not be canceled or terminated without 30 days written notice to City. 3. Insurance shall be primary and any insurance held by City for its own protection shall be excess and shall be effective only upon exhaustion of Contractor's insurance. 4. Insurance shall be maintained for the duration of the Agreement, including any period extended beyond the expiration date of this Agreement required to complete performance. F. Self -Insurance Notwithstanding the insurance required above, City, at its own option, may accept as an equivalent for any such coverage, evidence of an on-going program of self- insurance together with excess coverage. Said equivalent, in order to satisfy the requirements herein contained, shall be subject to approval of the City Attorney of the City. VII -- HOLD HARMLESS Contractor agrees to indemnify, defend, save and hold harmless City, its officers, employees, and agents 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 the alleged negligence 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 WIA funds under this Agreement. The City, its officers, employees, and agents 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 WIA funds by Contractor under this Agreement. VIII -- 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 9 and Health Act of 1970 as amended if the participants were employees of the Contractor. Contractor shall also comply with the provisions of the California Occupational Safety and Health Act as amended. IX -- COMPLIANCE WITH LAW AND WIA Contractor shall comply with the Workforce Investment Act (WIA) Public Law 105-220, as amended; Title 20 Code of Federal Regulations Part 652 et al, WIA Rules and Regulations; applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, E.O. 11738, Public Law 94-163 of the Energy Policy Conservation Act, and Environmental Protection Agency requirements; the Family Economic Security Act (FESA) AB 3424, as amended; the Americans with Disabilities Act (ADA) of 1990; Title VI of the Civil Rights Act of 1964, WIA section 188, Equal Employment Opportunity (EEO) (Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented in 41 CFR Part 60, the California Public Records Act; Applicable Drug Free Workplace Requirements, Office of Management and Budget (OMB) Circulars and applicable compliance supplements; all other Federal, State and local laws, rules and regulations; policies and operating requirements of the SBWIB; as well as applicable provisions and standards promulgated by the Department of Labor, including but not limited to the following: Selection of participants and staff, 2. Use of State and/or Federal funds, 3. Requirements for record keeping and reporting, 4. Provisions regarding the compensation and working conditions of participants and non-discrimination requirements. If regulations are amended or revised, Contractor shall comply with them or notify City, within 30 days after promulgation of amendments or revisions that it cannot so conform. 10 X -- 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 the right to examine any and all records, books, participant files, papers, reports, and audits. And other documents and physical evidence related to the program, as often as deemed necessary by any of the authorized representative named by Executive Director. B. Retention The Contractor shall make any and all WIA-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 of litigation, unresolved audits and/or unresolved claims, the Contractor agrees to retain all such records, reports, participant files, and other documentation and physical evidence beyond the three-year period, until all such litigation, audits, and claims have been resolved. C. Location The Contractor shall inform the City in writing of the exact location where all records, reports, participant files, and other documentation and physical evidence are to be retained within thirty (30) days of the beginning date of this Agreement. The Contractor shall inform the City in writing of any location changes within ten (10) days from the date the records; reports, participant files, and other documentation and physical evidence are moved. Any transfers of the records or reports beyond the boundaries of the County of Los Angeles shall require prior written approval by the City. If the Agreement ceases operations prior to five (5) years from the beginning date of this Agreement or before all litigation, audits and claims have been resolved, 11 the Contractor shall provide the name, address, and telephone number of the Contractor's representative plus an inventory of all such records, reports, participants files, and other documentation and physical evidence. XI -- REPORTING REQUIREMENTS A. General Rer)ortinq At such times and in such forms as the City may require, there shall be furnished to the City such records, reports, data and information pertaining to matters covered by this Agreement. B. WIA Monthly Invoice and Close -Out 1. On or before ten (10) working days of each month, Contractor shall submit to the City, on forms provided by the City, a complete and accurate monthly WIA invoice, including allowable accruals. Allowable accruals as used in this Agreement shall refer to expenses that can be accurately measured and estimated for inclusion in the total cost reported on the closeout of the grant within the contracted period. Any other costs not included will be considered disallowed. 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, a complete and accurate final close-out invoice including allowable 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, the City reserves the right to unilaterally close-out the Agreement and use the invoice on file at the City for determination of Contractor's final allowable expenditures. The City will not reimburse the Contractor for any expenditure reported after the 21 -day close - 12 out date following termination of this Agreement. The City shall provide close-out forms to the Contractor at least thirty (30) days prior to termination of Agreement. C. Management Information System (MIS) Reporting Contractor shall submit to the City all MIS forms within 10 days of the activity date (ex: enrollment date, exit date, follow-up date). XII -- 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, the Contractor shall report the fact promptly and fully to the City. The 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 determine whether to seek protection on the invention or discovery, including rights under any patent issued thereon, which will be allocated and administered in order to protect the public interest consistent with the "Government Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 CFR 16889). B. Copyright Policv 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 author and the SBWIB which developed the work is free to copyright material or to permit others to do so. The City shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use, and to authorize others to use all copyrighted material. The U.S. Department of Labor reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publishes or otherwise use, and to authorize others to use, for Federal Government purposes: 13 1. The copyright in any work developed under any grant, subgrant, or agreement under a grantor subgrant; and, 2 Any right of copyright to which a grantee, subgrantee or a Contractor purchases ownership with grant support. 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. XIII -- EQUIPMENT Prior written approval from the South Bay Workforce Investment Board (SBWIB) Executive Director or his designated representative is required for the purchase and/or lease of all non -expendable, tangible personal property, including computer hardware, software and automated data processing (ADP) equipment with a useful life of more than one year acquired with WIA funds, and a per-unit acquisition cost of $5,000 or more. Contractor's written request must provide justification for purchases and include a minimum of three acceptable bids secured through an open -competitive selection process. The property shall be used and maintained by the Contractor as follows: A. Property shall be used solely in the performance of this Agreement. B. A copy of each executed equipment lease agreement shall be kept on file by the Contractor. C. The Contractor shall be liable for any and all loss, damage or destruction of property acquired under this Agreement during the period said property is under the control of the Contractor, except damage, loss, or destruction resulting from reasonable wear and tear. Damage, loss or destruction of the property shall be immediately reported to the City. D. Contractor assures that all of its purchased hardware; software and other computer related products and/or services purchased under this Agreement shall be Year 2000 compliant. 14 Disposition of nonexpendable personal property shall be governed by the provisions of OMB A-110 or DOL regulations at 29 CFR part 97 or State/City directives, as applicable. All private for profit contractors shall acquire prior City approval before purchasing any nonexpendable personal property. XIV -- CONFIDENTIALITY REQUIREMENTS A. Contractor shall maintain the confidentiality of any information regarding participants and the immediate family of any participant that identifies or may be used to identify them and which may be obtained through application forms, interviews, tests, reports from public agencies, counselors, or any other source. The Contractor shall not divulge such information without the permission of the participant, except for disclosures required by court process, order, or decree, and except that information which is necessary for purposes related to the performance or evaluation of the Agreement may be divulged to parties having responsibilities under the Agreement for monitoring or evaluating the services and performances under the Agreement and to governmental authorities to the extent necessary for the proper administration of the program. B. Confidentiality of State/County Records Confidential information pertains to any data that identifies an individual or an employing unit. Confidential information is not open to the public and requires special precautions to protect it from loss, unauthorized use, access, disclosure, modification, and destruction. The sources of information may include, but are not limited to, Employment Development Department, the California Department of Social Services, the California Department of Education, the County Welfare Department(s), Directors of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California Office of Community Colleges and the Department of Alcohol and Drug Programs. The Contractor agrees to: 15 1. Keep all information furnished by State/County agencies strictly confidential, and make the information available to its own employees only on a "need -to -know" basis, as specifically authorized in this Agreement. Instruct all employees with State/County information access regarding the confidentiality of this information and of the penalties for unauthorized use or disclosure found in section 1798.55 of the Civil Code; section 502 of the Penal Code; section 2111 of the Unemployment Insurance Code; section 10850 of the Welfare and Institutions Code and other applicable local, State and federal laws. 2. Store and process information electronically, in a manner that renders it irretrievable 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. XV -- 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 complying 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 16 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 of the certification by failing to carry out the requirements as noted above. XVI -- FISCAL ACCOUNTABILITY Contractor shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. An integral part of the required financial management system is a system of internal accounting controls that will provide reasonable assurance that WIA assets are safeguarded against loss from unauthorized use or disposition, and that accounting transactions affecting WIA fund accountability are properly charged and recorded by administrative and program cost categories to permit the preparation of accurate and supportable financial reports. XVII -- NOTICES All notices to be given in accordance with this Agreement shall be deemed served by (1) enclosing same 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 (2) personal service. For these purposes, the addresses of the parties shall be as follows: 17 Cit South Bay Workforce Investment Board 11539 S. Hawthorne Blvd., 51h floor Hawthorne, CA 90250 Attn: Jan Vogel, Executive Director Contractor City City of Hawthorne 4455 W. 126th St. Hawthorne, CA 90250 Attn: Jag Pathirana, City Manager City of Carson 701 E. Carson St. Carson, CA 90745 Attn: Clifford Graves, Economic Dev. General Manager XVIII -- PROGRAM INCOME FOR NON-PROFIT AND PUBLIC AGENCIES Program income is earned through the activities funded by this Agreement. For further definition of program income and requirements for its use, Contractors are referred to WIA section 195(7)(A)(B)(i)(ii) and 20 CFR §667.300 which are herein incorporated by this reference. Any program income must be reported to the City on the expenditure report, and must be returned to the City in accordance with the City's written directions to the Contractor. At the City's discretion, program income may be used to augment the Contractor's WIA program. Such use of program income is permitted only by written amendment to this Agreement. Should such use of program income be approved, Contractor shall maintain records in support of all earnings and expenditures relating to the use of those funds in accordance with WIA record retention and audit requirements. The City shall monitor Contractor's compliance with all program income requirements. XIX — AUDITS AND REQUIREMENTS Contractor shall comply with audit requirements as identified WIA regulations (20 CFR 627.480) and respective Office of Management and Budget (OMB) Circulars and other 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 requirements, and, if so, shall be responsible for compliance with the audit requirements thereof. The Contractor shall pay for such audits. A commercial organization (subrecipient) receiving $300,000 or more in federal financial assistance to operate a WIA program shall comply with the audit requirements set forth in OMB Circular 133. Contractor shall allow authorized City, State, and Federal representatives to have full access to the Contractor's facilities and all related WIA documentation and other physical evidence for the purposes of auditing, evaluation, inspection, and monitoring of the program set IN forth in this Agreement, including the interviewing of the Contractor's staff and program participants during normal business hours. The City shall have the authority to examine the books and records used by the Contractor in accounting for expenses incurred under this Agreement. Should these books and records not meet the minimum standards of the accepted accounting practices of the City, the City reserves the right to withhold any or all of its funding to the Contractor until minimum standards are met. 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 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 WIA. XX -- CERTIFICATION A. Debarment and Suspension Certification: By signing this Agreement, Contractor hereby certifies under penalty of perjury under laws of the State of California the Contractor will comply with regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR, Part 98, Section 98.510, that the prospective participant, to the best of its knowledge and belief, that it and its principals: Ie 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transitions by any federal department of agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connecting with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, State or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; 4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, State, or local) terminated for cause of default. 5. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. B. Lobbying Restrictions: By signing this Agreement the Contractor hereby assures and certifies to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93. 1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an employee of Congress, an officer or employee of Congress, or a employee of a Member of Congress, in connection with this Agreement. 20 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 Agreement, the Contractor shall complete and submit Standard Form - LLL , "Disclosure Form to Report Lobbying", in accordance with its instructions. C. Nepotism: By signing this Agreement the Contractor certifies that it shall not hire or permit the hiring of any person in a position funded under this Agreement if a member of the person's immediate family is employed in an administrative capacity by the Contractor. For the purpose of this Agreement, the term "immediate family" means spouse (common law or otherwise), child, mother, father, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step- child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by the Contractor. The term "administrative capacity" means persons who have overall administrative responsibility for a program, including but not limited to selection, hiring, or supervisory responsibilities. D. Drug Free Workplace Compliance: By signing this Agreement the Contractor hereby warrants and certifies that it shall comply with California Drug -Free Workplace Act of 1990 (Government Code Section 8350 eq seq) and will provide a drug free workplace by taking the following actions: 1. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employee for violations as required by Government Code Section 8350(a). 2. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: 21 a. The dangers of drug abuse in the workplace; b. The person's or organization's policy of maintaining a drug-free workplace c. Any available counseling, rehabilitation, and employee assistance programs; d. Penalties that may be imposed upon employees for drug abuse violations. 3. Provide, as required by Government Code Section 8355(c), that every employee who works with the proposed activity: a. Will receive a copy of the company's drug-free policy statement; and; b. Will agree to abide by the terms of the company's drug-free workplace policies. Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement, or cancellation of the purchase order, or all that may apply. In addition, the Contractor may be ineligible for award of future agreements or purchase orders if it is determined that any of the following has occurred: (1) the false certification, or (2) failing to carry out the requirements of the certification as noted above. E. Nondiscrimination and Affirmative Action: By signing this Agreement the Contractor hereby certifies that it shall not discriminate against any employee or applicant for employment because of race religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. The Contractor will take affirmative action to assure that applicants are employed, and that employees are treated during their employment, without regard to their race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. XXI -- COMPLAINT RESOLUTION PROCEDURES A. SBWIB Complaint Resolution Procedures 22 1. Contractor shall comply with the SBWIB Complaint Resolution procedures, and any changes incorporated therein during the term of this Agreement, in the resolution of complaints alleging a violation of the WIA, the WIA regulations, the grant or any other agreements under the Act. SBWIB's staff shall furnish a copy of the procedures to Contractor upon execution of this Agreement. 2. Contractor shall provide to each eligible participant and staff employee a copy and/or summary of the SBWIB Complaint Resolution Procedures during orientation. In the event that Contractor subcontracts with another party for the provision of training or job development services to a participant, the subcontractor shall require that the participant receive access to WIA complaint resolution procedures at each tier of service. Contractor shall maintain written documentation that each staff employee and participant has received information regarding the SBWIB Complaint Resolution Procedures. B. Contractor WIA Participant Complaint Resolution Procedures 1. Contractor [with the exception of those providing Individual Training Accounts (ITAs) exclusively) shall develop and maintain procedures for the resolution of complaints involving the terms and conditions of participant employment (On -Job -Training). ITA contractors shall provide WIA participants with copies of the SBWIB complaint resolution procedures and shall instruct participants that they have the option of filing complaints directly with the SBWIB Compliance Officer. 2. Contractor shall provide each participant with a copy of its internal WIA participant complaint resolution procedures upon enrollment into the program or during orientation. In the event that Contractor subcontracts with another party for the provision of training or job development services to a participant, the Contractor shall require that the participant receive access to SBWIB complaint resolution procedures at each tier of service. 23 Contractor shall maintain written documentation that each staff employee and participant has received information regarding the SBWIB 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 WIA or WIA 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. D. Contractor shall permit the Directorate of Civil Rights (or a representative) access to its premises, participants, employees, books, and papers should the need arise during a complaint investigation. XXII -- DISPUTE RESOLUTION AND BREACH A. Dispute: Contractor agrees to use administrative processes and negotiation in attempting to resolve disputes arising from this Agreement. Contractor shall continue performance of the Agreement activities during such dispute and shall immediately submit written request for informal review and consultation to the SBWIB Administration. If the dispute is not resolved within thirty (30) days of such request, City through its agent, shall review the disputed matter and, after consultation with the SBWIB Administration and the Contractor, reach a resolution. Contractor shall be issued a decision in writing, which shall bind all parties. Contractor shall be afforded an opportunity to appeal and to offer evidence in support of its appeal. Pending final decision of an appeal, Contractor shall proceed with the performance of the Agreement. Upon final disposition, Contractor shall comply with City's decision. B. 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 avail itself of all rights and remedies, at law or equity, in the courts of law. 24 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. XXIV - EQUIPMENT Prior written approval from the State Employment Development Department is required to purchase and/or lease of all non -expendable, tangible personal property, including computer hardware, software and automated data processing (ADP) equipment with a useful life of more than one year acquired with WIA funds, and a per-unit acquisition cost of $5,000 or more. Contractor's written request must be submitted through the South Bay Workforce Investment Board (SBWIB) Executive Director with justification of purchase versus leasing and include a minimum of three acceptable bids secured through an open competitive selection process if purchasing. The property shall be used and maintained by the Contractor as follows: A. Property shall be used solely in the performance of this Agreement. B. A copy of each executed equipment lease agreement shall be kept on file by the Contractor. C. The Contractor shall be liable for any and all loss; damage or destruction of property acquired under this Agreement during the period of said property is under the control of Contractor, except damage, loss, or destruction resulting from reasonable wear and tear. Damage, loss or destruction of the property shall be immediately reported to the City. D. Contractor assures that all of its purchased hardware; software and other computer related products and/or services purchased under this Agreement shall be Year 2000 compliant. Disposition of non -expendable personal property shall be governed by the provisions of OMB A-110 or DOL regulations at 29CFR Part 37 or State, City or local directive as applicable. 25 XXV- ENTIRE AGREEMENT This Agreement, including all Exhibits referenced, constitutes the entire agreement of the parties and supersedes any previous oral negotiations or written expressions of intent between the parties. IN WITNESS WHEREOF, the parties hereto have agreed on this date and year first above written. By: CITY OFC RSON Signature: % Name: Jim Dear Title: Mayor City of GaFd?Ra� ATTEST: City Clerk (tt l APPROVED AS TO FORM: City Attorney By: CITY OF HAWTHORNE Signature: Name: Jag Pathirana Title: City Manager City of Hawthorne City Attorney APPROVED AS TO FORM: Jack Ballas, Attorney -at -Law 26 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 27 EXHIBITS A Statement of Work - Adult Al Statement of Work- Youth Services A2 Statement of Work - Rapid Response B City of Carson Grant Summary C Budget Summary Forms D Common Measures Performance E General Provisions F Consultants STATEMENT OF WORK Adult Program Services Purpose EXHIBIT A The American Recovery and Reinvestment Act (Recovery Act), signed into law on February 17, 2009, is intended to "preserve and create jobs, promote the nations economic recovery and to assist those most impacted by the recession". The Recovery Act provides funds to serve adults and dislocated workers in the South Bay Workforce Investment Area (SBWIA). The following guidelines are established to ensure maximum use of funds to those most in need It is the intent of the Recovery Act that WIA Adult funds be used to provide necessary service to substantially increased numbers of adults to support their entry or reentry into the job market. The following guidelines are established to ensure maximum use of funds to those most in need: Geographic Area Carson Target Population/Eligibility Services will be targeted to Adults— General Eligibility: Birth Date/Age U.S. Work Authorization; and Selective Service Registrant (male only) General Guidelines In utilizing the funding in the Recovery Act, federal, state, and local levels of the workforce system must be guided by four principles: • Transparency and accountability in the use of Recovery Act Funding; • Timely spending of the funds and implementation of activities; • Increasing workforce system capacity and service level; and • Using data and workforce information to guide strategic planning and service delivery All One -Stop Centers and Affiliates staff should be familiar with TEGL No. 14-08. WIA Adult Program 28 Priority Use of Funds for WIA Adults Priority use of the Recovery Act funds shall be for services to recipients of public assistance and other low-income individuals as described in WIA section 134(d)(4)(E). Priority will be also be given to veterans and eligible spouses as outlined under the Jobs for Veteran Act. Allowable Activities Recovery Act funds can be used on all activities specified under the WIA Adult program. To maximize the reach of Adult formula funds, One -Stop Career Center/Affiliates should help eligible customers take advantage of the significant increase in Pell Grant funds also included in the Recovery Act. In addition to training services, these funds can also be used to support adult basic education training, including English as a second language. The Recovery Act specifically emphasizes the authority to use these funds for supportive and needs -related payments to ensure participants have the means to pay living expenses while receiving training. SBWIB Directive No, 05-04 provides guidance on supportive services and needs related payments. The Recovery Act specifically emphasizes the authority to use these funds for supportive and needs -related payments to ensure participants have the means to pay living expenses while receiving training. SBWIB Directive No, 05-04 provides guidance on supportive services and needs related payments. Additional Guidance for WIA Adult and Dislocated Worker Programs Training Activities WIA Adult and Dislocated Workers funds provided in the Recovery Act can be used for the following training activities: 1) Individual Training Accounts; 2) Customized Training; 3) On -the job -training; 4) Contracts with institutions of higher education and other eligible training providers; 5) Contracts with community-based organizations for the provision of training; and 6) Registered apprenticeship. Exit Other Than Placement: 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 exited and, if possible, an exit interview conducted prior to exit. The purpose of this interview shall be to counsel participant about other agencies and resources, which may be of assistance. Contractor shall retain a written record of exit counseling in the participant's file, including specific reasons for exit and any disciplinary action taken, if any. Follow- up Services: Contractor shall make available follow-up services to all participants in workforce investment activities authorized under Title I of WIA who are placed in unsubsidized employment, and monitor the retention status and progress made for not less than12 months after the first day of employment. If a participant leaves a job at any time after placement within 29 the twelve-month follow-up period and remains able to work, the Contractor shall seek subsequent job placement(s) for the participant. Provision of Support Services: Contractor shall inform and provide or arrange for the provision of, services to eligible WIA participants that will enable them to participate in WIA Title I activities within funding availability and budget limitations. Supportive services shall only be provided to individuals who are participating in core, intensive or training services and unable to obtain supportive services through other programs providing such services. Contractor shall be responsible for the selection of vendors, administration, payment and documentation of costs incurred for supportive services. Payment records, by participant, must be complete and readily available for monitoring or audit reviews. Contractor shall also document supportive services provided with non -City WIA funds. The Contractor's supportive services shall include at a minimum transportation, healthcare, family care, child care, commuting assistance and financial and personal counseling, linkages to community services, assistance with housing costs, assistance with uniform or other appropriate work attire and work related tool costs. 30 EXHIBIT Al STATEMENT OF WORK Youth Services Purpose The American Recovery and Reinvestment Act (Recovery Act), signed into law on February 17, 2009, is intended to "preserve and create jobs, promote the nations economic recovery and to assist those most impacted by the recession". The Recovery Act provides funds to serve youth in the South Bay Workforce Investment Area (SBWIA). The following guidelines are established to ensure maximum use of funds to those most in need. Geographic Area Carson Eliggibility An eligible youth is defined, under WIA sec. 101(13), as an individual who: X Is between the ages of 14-24 years of age; (Recovery Act Funds Only) X Is a low income individual, as defined in the WIA section 101 (25) X Resides in the local workforce investment area; and X Fall within one or more of the following categories: Deficient in basic literacy skills School dropout; Homeless, runaway, or foster child; Pregnant or parenting; Offender; Is an individual that requires additional assistance to complete an educational program or to secure and hold employment. This category includes: individuals with disabilities; individuals with limited English proficiency; individuals deficient in occupational skills; youth identified as "at risk" by the local education agency; individuals with a family history of chronic unemployment; an individual or a member of a family, that has been determined eligible to receive Federal, State, or local public assistance within the last six months. General Guidelines All One -Stop Centers and Affiliates staff should be familiar with TEGL No. 14-08. Any youth activities under WIA are allowable activities for the Recovery funds. Unless otherwise stated in this agreement, the laws and regulations for WIA Youth funds apply to the Recovery Act funds. 31 Participants will not exceed 160 hours of work experience. Participants are paid minimum wage according to California Labor Code (Section 1182.11) for participation in the program, which for the current year is $8.00. The slot cost for this program is $1,500. Priority Use of Funds Priority must be given to youth in families receiving public assistance and other low-income individuals. In addition, priority is given to veteran's age 21 to 24 and eligible spouses under the Jobs for Veterans Act. Contractor is encourage to focus services on the youth most in need including: out-of-school youth and those most at risk of dropping out, youth in and aging out of foster care, youth offenders and those at risk of court involvement, homeless and runaway youth, children of incarcerated parents, migrant youth, Indian and Native American youth, and youth with disabilities. Expenditures of Funds The funding allocation period is February 17, 2009 to June 30, 2010. 30% of youth funds allocated must be spent on out of school/older youth, 18 — 24 years of age. In order to maximize the impact of funding, the SBWIB requires that 100% of younger youth funds, youth 14 — 17 and a minimum of 80% of older/out of school youth funds, 18 — 24 years of age, be spent on summer employment opportunities, May 1, 2009 — September 30, 2010. Up to 20% of older/out-of-school youth funds may be spent on work experience, training and other age appropriate WIA youth activities, between October 1, 2009 and June 30, 2010. Summer Employment For the purposes of the Recovery Act funds, the period summer of "summer , will be from May 1 through September 30. "Summer Employment" may include any set of allowable WIA Youth services that occur during the above reference summer months as long as it includes a work experience component. Work experience is defined under WIA Regulations at 20 CFR 664.460. Contractor's Enrollment Goals As outlined in the expenditure guidelines, 100% of younger youth, 14 — 24 years of age, and a minimum of 80% of older/out-of-school youth, 18 — 24 of age, must be enrolled in summer employment opportunities from May 1, 2009 to September 30, 2009. Up to 20% of older/out of school youth, 18 — 24 years of age may be enrolled in work experience in the non -summer months and other WIA activities from October 1, 2009 to June 30, 2010 (see performance guidelines below). Younger Older City Youth Out of School Total 14-17 Youth 18-24 Carson 75 32 107 Performance The Work Readiness portion of the skill attainment rate will be the only performance indicator for youth enrolled in summer employment opportunities, from May 1 through September 30. No other WIA or common measure indicator will be required. Performance for youth enrolled in activities other than summer employment after September 30, 2009, will be measured under WIA common measures. In order to ensure attainment of the Work Readiness skill attainment rate for youth enrolled in summer employment opportunities, youth must complete Blueprint for Workplace Success Summer Work Readiness training (20 hours minimum), including completion of the Blueprint pre and post test to determine work readiness. . Use of any other work readiness or pre- employment training curriculum is not authorized Youth may post test at completion of Blueprint training or at completion of summer work experience in order to determine the Work Readiness skill attainment rate. Participants will not be paid a wage or stipend for participation in Blueprint Work Readiness training. All youth must be pre and post tested to determine Work Readiness. Program Design Because all 10 program elements are already available through existing WIA Youth funds, the Contractor will not be required to use Recovery Act funds to make all 10 program elements available. The summer employment opportunities will have the following design elements: Objective Assessment and Individual Service Strategies (ISS) - A full objective assessment and comprehensive ISS will not be required for youth served only during the summer months. However, all in -school youth must provide a copy of their most recent report card in order to determine basic academic skills and barriers. In addition, all youth will be required to complete the True Colors career interest and assessment by completion of Blueprint Work Readiness Training. The above information will be documented on the ISS provided by the SBWIB. 2. Work Experience — All participants enrolled in summer employment opportunities must complete 160 hours of work experience, except when the participant is enrolled in work experience linked to classroom training for development of academic or occupational skills. In the case where the participant is combining work experience and classroom training, Participants should be matched to a worksite linked to the classroom training and based upon interest and goals as documented in the ISS. Work experience activities may be structured where the learning of work readiness skills is acquired on the job (especially for older youth who posses necessary academic skills). Work experience must be meaningful and should be structured to impart measurable communication, interpersonal, decision-making, and learning skills and should be age-appropriate. 3. Worksites — Public sector, private sector, and non-profit worksites are allowable according to the following guidelines: 33 • Youth, 14 — 24 years of age may be placed in public and non-profit worksites only. Worksite Supervisors are required to complete a bi-weekly evaluation of each participant progress toward attainment of work readiness goals. The evaluation may be included in the timecard or a separate evaluation. • Youth, 16 — 24 years of age may be placed in private sectors worksites a) if the worksite experience is linked to classroom instruction or occupational skills training; and/or 2) if the worksite experience incorporates the following work -based learning activities during the course of the work experience: ■ Establishment of a Summer Training Plan that identifies specific and age-appropriate occupational skill attainment goals; ■ Conduct bi-weekly meeting with the Worksite Supervisor to review the participant's progress in achieving the goals as outlined in the Training Plan; ■ Completion of a minimum of two (2) job shadows and informational interviews, in departments other than where the youth's work experience occurs. ■ Private sector worksites must ensure that placement does not unfavorably impact current employees, does not impair existing contracts for services or collective bargaining agreements, and does not replace laid off workers. Work experience should be intended to increase work readiness skills and not impact the profit margin of a for-profit company. In selecting worksites, the Contractor shall have a Pre -Placement Worksite Evaluation Form on file for each worksite, as well as documentation that they have the following: 4. Classroom Training — Placement in classroom training may be made only in courses or programs that are currently on the I -TRAIN. Contracts with higher education, public institutions (i.e. community colleges and universities) for classroom training may be made with prior approval by the SBWIB, Executive Director. 5. Provided Supervisor Orientation All Worksite Supervisors must complete a Supervisor's Orientation before youth may be placed at the worksite. The Orientation must review child labor laws, safety regulations, timecard pickup and participant evaluation procedures, participant dress code and code of conduct and all other program guidelines and procedures (Contractors will be provided with a Supervisor's Orientation Handbook). 6. Executed Worksite Agreement Develop and maintain, in written form, a signed agreement with the worksite agency in a form acceptable to the SBWIB, which set forth, in understandable language, the operational specifics of the worksite agreement, the mutual responsibilities of site supervisor and the Contractor, and the program procedures to be followed. This agreement shall be signed by both parties and maintained on file by your agency with a copy at the worksite. 34 EXHIBIT A2 STATEMENT OF WORK Rapid Response Activities Funding Amount for Rapid Response Activities is $25,000. Brief Description of Services to be provided Contractor may use Rapid Response funds to support the following activities: • Provide businesses and affected employees with appropriate and relevant information materials regarding rapid response activities and services; • Delivering/mailing Rapid Response information materials; • Attending Regional Roundtable; • Attending conferences; • Reaching out to businesses; • Enabling participants to register with One -Stop Center on-site; • Participation in business associations (such as chambers of commerce); joint labor management committees, labor associations, and resources centers; • Contacts with potential employers for the purpose of placement of WIA participants; and • Other allowable rapid response activities. (20 CFR, Part 665 and WIAD 05- 18) Invoicing It is important that rapid response expenditures be tracked carefully and that supporting documentation accompanies each invoice to avoid disallowed costs. The following documents are required with each invoice, if applicable. • Timesheets for staff performing rapid response services • List of activities performed • Rent based on rapid response activities/services • E-mails, correspondence, phone logs, etc. • Other expenditures as determined by the SBWIB Fiscal Unit 35 EXHIBIT B CITY OF CARSON GRANT SUMMARY PY 08-09 (The Recovery Act Funds) Grant Descriptions Amount WIA Adult Program $106,058* WIA Youth Program $229,267** Rapid Response $25,000 New Funding Amounts $360,325 *50% of Adult funds are to be used for training services. **Staff cost for the Youth Program is $68,780 fi.; { ir},j�y j +h'�?`. .+..., RI . F" AB IP I�T�E(a1RO�L�MENT� �.* i ,'9 f+)v'e3Cia�`'•im'`'' t ? -n►oTrnein`?:lan. Adult 13 Youth 107 Adult Cumulative Enrollment Plan by Quarter 06/09 9/09 12/09 3/10 3 6 9 13 36 BUDGET SUMMARY FORMS 37 EXHIBIT C EXHIBIT D COMMON MEASURES PERFORMANCE These common measures are based on the current 8t" year common measures performance standards; therefore these common measure performance standards are subject to change based on the new 9t" year performance standards. Any youth served with only Recovery Act funds that participates in summer employment only will only be included in the Youth Recovery Act report and the work readiness indicator will be the only measure that applies to such youth. EXHIBIT E GENERAL PROVISIONS Contractor hereby assures that in administering this Agreement, it shall comply with the standards of conduct hereinafter set out, for maintaining the integrity of the project and avoiding any conflict of interest in its administration. General Assurance. Every reasonable course of action shall be taken by the Contractor in order to maintain the integrity of this expenditure of public funds and to avoid any favoritism, questionable or improper conduct. This Agreement shall be administered in an impartial manner, free from personal, financial or political gain. The Contractor, its executive staff and employees, in administering the Agreement, shall avoid situations, which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain. Nondiscrimination. Prohibition of Discrimination Regarding Participation Benefits and Employment No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Prohibition on Assistance for Facilities for Sectarian Instruction or Religious Worship Participants shall not be employed under this title to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place of religious worship. Prohibition on Discrimination on Basis of Participant Status No person may discriminate against an individual who is a participant in a program or activity that receives funds under this Title with respect to the terms and conditions affecting the rights provided to the individual solely because of the status of the individual as a participant. Prohibition on Discrimination Against Certain Non -Citizens Participation in programs and activities or receiving funds under this Title shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, parolees, and other immigrants authorized by the Attorney General to work in the United States. Avoidance of Conflict of Economic Interest. An executive or employee of the Contractor, an elected official in the area of a member of the South Bay Workforce Investment Board (SBWIB), shall not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by the Contractor or Sub -contractor. Supplies, materials, equipment or services purchased with subgrant funds shall be used solely for purposes allowed under this Agreement. No member of the SBWIB shall cast a vote on the provision of services by that member (or any organization which that member represents) or vote on any matter, which would provide direct financial benefit to that member of any business or organization, which the member directly represents. Avoidance of Sectarian Activities. The Contractor certifies that this Agreement does not provide for the advancement or aid to any religious sect, church, creed or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church or sectarian denomination whatever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of Church and State. Unallowable Activities and Costs. Contractor will comply with the guidelines per 20 CFR Part 652, WIA Final Rule, August 11, 2000, regarding unallowable activities and costs or compensation may be disallowed. The following activities and costs, among others, are specifically unallowable: 1. Public Service Employment: No funds will be used under this Agreement for public service employment, subsidized employment with public and non-profit employers providing public services, except to provide disaster relief employment as specifically authorized in Section 173(d), (WIA SEC. 195(10). 2. Sectarian Activities: The employment or training of participants to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious work activities is prohibited. 3. Political Activities: No financial assistance may be provided for any program, which involves political activities. 4. Maintenance of Effort: 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) any currently employed employee (as of the date of the participation) 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. C. No participant shall be employed or job opening filled when (1) any other individual is on layoff from the same or any substantially equivalent job, or (2) 40 the employer has terminated the employment with the intention of filling the vacancy so created by hiring a participant whose wages are subsidized under this Agreement. d. No jobs shall be created in a promotional line that will infringe in anyway upon the promotional opportunities of currently employed individuals. 5. Any funds received by agencies or individuals may not be used to assist, promote, or deter unionization. 6. No funds provided under WIA 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 funded under this WIA. 8. Davis Bacon wages shall be paid to participants employed as laborers or mechanics by contractors, or Contractors, when working in construction which is assisted under the Act and which is related to a building used for WIA 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 absence of such funds. 10. No funds shall be used for the encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location or to assist in relocating establishments, or part of a business that has relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his or her jobs at the original location. 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 likely to achieve the workforce investment area's performance goals. 12. No funds shall be used for employment generating activities. 13. Incumbent Employee: No funds shall use on wages of incumbent employees during their participation in economic development activities provided through a statewide workforce investment system, (WIA sec 181(b)(1)). UNDERSTANDINGS A. Contractor understands that this Agreement is a cost reimbursement contract. 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 participants' training and placement is assumed. 41 D. Contractor understands that SBWIB staff is charged with tracking and reporting on compliance and performance of all Agreements to the SBWIB and/or designated committees. The staff 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 City's on-site monitoring shall, if applicable, include a review of the financial assistance awards list to find WIA enrollees and to identify possible WIA training fund overpayments in order to recover funds from training institutions that received education assistance program funds on behalf of WIA participants. G. Contractor understands that all costs paid out for a participant who is enrolled without City's written authorization prior to enrollment who is found to be ineligible, 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 City or SBWIB will withhold amounts owed the debtor for past services or other considerations already provided in satisfaction of the debt owed, or use any repayment method identified in the SBWIB debt collection policy. H. 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, During the performance of this Agreement, the Contractor, Subgrantee and its subcontractees shall not deny the Subgrants benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, or political affiliation, nor shall they discriminate unlawfully against any employee or applicant for employment because 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. Contractor will administer its programs under the Workforce Investment Act (WIA) in full compliance with safeguards against fraud, abuse and criminal activity as set forth in WIA Directives. 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 City within 24 hours of discovery in accordance with requirements and procedures contained in 20 CFR Section 667.630. Contractor shall provide evidence of notification to employees and participants of policies and reporting procedures concerning fraud, abuse and criminal activity. 42 EXHIBIT F CONSULTANTS In the event that Contractor shall enter into consultant and/or professional service subagreements for any services provided under this Agreement, the parties to any such subagreements, and the services they are to provide, shall be identified below. Contractor shall provide City with current copies of any consultant and/or professional services agreements with the individuals listed below. Said agreements shall specify compliance with terms and conditions of the primary agreement with City of Hawthorne. Adjustments to this Exhibit may be made by approval of the City Attorney without amendment, however, prior to any change in, or additions to, the list of consultants contained herein, Contractor shall notify City and provide copies of sub -agreements and other required documents. Consultants performing services which may involve driving must provide evidence of insurance (insurance certificates) at the level required and with additional insured endorsements. CONSULTANT SERVICES TO BE PERFORMED 43 City of Carson Report to Mayor and City Council May 20, 2009 New Business Consent SUBJECT: CONSWERA ORK FORCE DEVELOPMENT AGREEMENTS FOR THE S UTH B W O CE INVESTMENT BOARD Submitted i ord W. Craves Approv me G. Groomes Economic Development General Manager City Manager/ I. SUMMARY Through the South Bay Workforce Investment Board (WIB), the city of Carson receives Workforce Investment Act (WIA) funds. This report submits agreements for the Cal GRIP program (Exhibit No. 1), Navigator program (Exhibit No. 2), and federal stimulus funding for youth and adult programs (Exhibit No. 3). II. RECOMMENDATION TAKE the following actions: 1. APPROVE the agreements with the city of Hawthorne. 2. AUTHORIZE the Mayor to execute the agreements after approval as to form by the City Attorney. III. ALTERNATIVES 1. DECLINE to approve the agreements. Should council decline to approve these agreements, the city would not receive funding for the programs. 2. TAKE another action as the council deems appropriate. IV. BACKGROUND The Cal GRIP program is an extension of the city's Bridge to Work program helping at -risk youths become ready for the workplace and assists them in finding employment. The city has offered the program twice before, and participants were very positive in their feedback. In fact, they showed their appreciation by recommending the program to their friends, and staff receives frequent requests to hold the program again. Under the proposed agreement (Exhibit No. 1), the city would receive $70,000.00 to serve 54 participants. The agreement runs through March 31, 2010, and covers some services offered as far back as April 1, 2008. The Navigator program helps staff serve people with disabilities. Training programs are held regularly both locally and in other places in the state. The agreement (Exhibit No. 2) provides funds for salaries and travel for these workshops. The amount available is $36,693.00. Exh'bN ' 3 result of the American Recovery and The last agreement ( t L V. ) is a • City of Carson Report to Mayor and City Council May 20, 200 V. VI. Reinvestment Act. The city will receive $106,058.00 to serve at least 13 adults, with the majority slated for training. The city will receive $229,267.00 to provide at least 107 youth with jobs. Because the federal government wants to maximize the stimulus effect, recipients have been encouraged to start work as soon as possible. City staff is well into the hiring process. Over 400 Carson residents applied for the program this year. Some additional jobs will come from the general fund budget, and staff is working to find private sector employers willing to hire from the program. The final federal stimulus item is $25,000.00 to support the Rapid Response program to assist in layoff situations, providing support to businesses and affected employees. FISCAL IMPACT The total im act is as follows: Cal GRIP $70,000.00 Navi ator $36,693.00 Adult economic stimulus $106,058.00 Youth economic stimulus $229,267.00 Rapid response $25,000.00 EXHIBITS 1. Bridge to Work agreement. (pgs. 3-38) 2. Navigator agreement, (pgs. 39-41) 3. Federal stimulus agreement. (pgs. 42-84) \\Carson nas\edsvrs\Agenda "titles & Recommendation\2009MB agreements.doc Prepared by: Barry Waite, Business & Employment Development Manager sfRev061902 Reviewed by: City Clerk City Treasurer Administrative Services Development Services Economic Development Services Public Services 2 City of Carson Report to Mayor and City Council May 20, 2009 Action taken by City Council Date Action 3 SOUTH BAY WORKFORCE INVESTMENT AREA BRIDGE TO WORK PROGRAMS FUNDING AGREEMENT NO. 08-H141 BETWEEN THE CITY OF HAWTHORNE AND THE CITY OF CARSON THIS AGREEMENT is made and entered into this day of 2009, by and between the CITY OF HAWTHORNE, a municipal corporation hereinafter referred to as "City", on behalf of the South Bay Workforce Investment Board, and THE CITY OF CARSON, a municipal corporation, hereinafter referred to as "Contractor", with its principal place of business located at 701 E. Carson St., Carson, CA 90745. WHEREAS, the City is receiving and will be receiving funds through grants awarded by the State of California, acting by and through the Corrections Standards Authority (CSA), the Employment Development Department (EDD) California Gang Reduction & intervention Program (CaIGRIP) and the Governor's Office of Emergency Services (OES) CaIGRIP Program, also known as the Bridge to Work Programs; and is authorized to enter into Contractor agreements; and WHEREAS, the City desires to enter into a Contractor agreement to obtain gang prevention and intervention services in the Bridge to Work Program for high-risk youth from Contractor, which was named as a service provider in the grants awarded to the City by the State of California; and WHEREAS Contractor represents itself as being qualified and capable of providing said services in accordance with all the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the recitals and the mutual obligations provided herein, the parties hereto agree as follows: I -- CONTRACTOR REQUIREMENTS/RESPONSIBILITIES Contractor shall be required to provide employment and training services for high-risk youth as set forth in the Exhibits listed below, attached hereto and incorporated herein by this reference: EXHIBIT NO. ' 1 F�3 1 Exhibit A -- Statement of Work, Part I - Cal GRIP EDD & OES; Part II — CSA Title II Exhibit B — Budget Summary Exhibit C — Enrollment Plan, Cal GRIP EDD & OES; CSA TITLE II Exhibit D -- General Provisions Exhibit E -- Consultants Further Responsibilities. Contractor shall: Fully cooperate with authorized representatives of the South Bay Workforce Investment Board (SBWIB), the City, CSA, EDD CaIGRIP and OES CaIGRIP, state and federal governments including independent auditors, seeking to interview any program participant or staff member of Contractor, or to evaluate, inspect and/or monitor those facilities and operations of Contractor that are directly involved in the implementation of programs funded through this Agreement. Provide services funded under this Agreement only to individuals determined eligible under WIA guidelines as designated by the SBWIB. II -- TERM OF AGREEMENT The term of the Agreement shall be from April 1, 2008, to March 31, 2010. The parties may extend this Agreement for one (1) additional one-year terms upon the same terms and conditions as are set forth in this Agreement. Any such extension is contingent upon available funding and shall be in writing, signed by an authorized representative of each party, and entered into prior to the expiration of this Agreement. 111 - COMPENSATION A. The parties agree that this shall be a cost reimbursement agreement. Only allowable program costs described in Exhibit B, Budget Summary will be reimbursed for actual expenditures incurred during the program years, not to exceeded budget amounts for which the Contractor has adequate supporting documentation of such expenditures. The Contractor shall not request reimbursement based upon unbudgeted amounts and in no case shall the total 2 amount of reimbursement by City under this Agreement exceed the sum of $35,000.00 per year for a total contract amount of $70,000. B. Contractor shall bill City monthly in arrears for actual prior month expenditures in accordance with procedures set forth by the City and SBWIB. C. The parties agree that the City reserves the right to prorate Contractor's reimbursement based upon the cost as described in Exhibit B Budget Summary and 131 Enrollment Plan. In addition, a percentage of total costs, or the final payment, which represents a percentage of total costs, may be held pending Contractor's adherence to minimum performance requirements. D. The City reserves the right to withhold or refuse payment for Contractor's failure to meet minimum performance requirements. E. 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, SBWIB, CSA, EDD CaIGRIP, OES CaIGRIP individual participants or any other party, other than as specifically detailed in this.Agreement. F. Notwithstanding the provisions concerning the term of the Agreement, funding shall be provided according to the following provisions: 1. The acceptance by the City of the performance of the Contractor under the terms of the Agreement. 2. Contractor and City hereby agree that payment will be by City -draft within thirty (30) days following receipt and approval of each monthly invoice or within the course of ordinary City business, whichever occurs first. 3. Payments to the Contractor may be withheld by the City if the Contractor fails to comply with the provisions of this Agreement. 4. Contractor shall be responsible to repay any disallowed costs as determined 3 by the City, its agent, the state, CSA, EDD CaIGRIP, and OES CaIGRIP. IV -- MODIFICATIONS A. Unilateral Amendment At any time during the term of this Agreement the City reserves the right and authorized the SBWIB, Executive Director to modify this Agreement upon written notice to the Contractor under the following circumstances: 1. There is an increase or decrease in Federal or state funding levels. 2. A modification to the Agreement is required in order to implement an adjustment or modification to the plan. 3. Funds awarded the Contractor have not been or shall not be expended in accordance with the schedule included in the approved Agreement. The City determines that funds shall not be spent in a timely manner, and such funds are for that reason to the extent permitted by and in a manner consistent with State and Federal law, regulation and policy, reverting to the Contractor. 4. There is a change in state or federal law or regulation requiring a change in the provisions of this Agreement. B. Except as provided above, this Agreement fully expresses the agreement of the parties. The City must by means of a separate written document approve any modifications or amendment of the terms of this agreement. No oral conversation between any officers of employee of the parties shall modify this Agreement in any way. V -- ASSIGNMENTS AND SUBCONTRACTORS A. Contractor shall neither assign this Agreement nor enter into any subcontract for the performance of services (including service providers and classroom training providers) or the purchase of equipment in excess of $5000, without securing the prior consent of City. Any attempt by the Contractor to sub contract any performance of services or purchase of equipment in excess of $5000 under this Agreement without the prior written consent of the City shall be null and void and shall constitute a material breach of this Agreement upon which the City may immediately terminate this Agreement in accordance with the provisions of Section XXII of this Agreement. B. Contractor's request to the City for approval to enter into a contract shall include: 1. A description of the services to be provided by the Contractor. 2. Identification of the proposed Contractor, a description of the manner in which the proposed Contractor was selected, and a statement of the extent of competition, if any, involved in the award of the contract. 3. Any other information or certification requested by the City/SBWIB. C. In the event the City/SBWIB consents to subcontracting, all applicable provisions and requirements of this Agreement shall be made applicable to such contract. To accomplish this requirement, the Contractor shall include in all contracts the following provision: "This Agreement is a subcontract under the terms of a prime agreement with the City of Hawthorne and shall be subject to all the provisions of such prime contract. All representations and warranties under this subcontract shall insure to the benefit of the City of Hawthorne." D. All subcontracts shall be made in the name of the Contractor and shall not bind nor purport to bind the City. The making of subcontracts hereunder shall not relieve the Contractor of any requirement under this Agreement, including, but not limited to, the duty to properly supervise and coordinate all the work of the Contractor and any subcontractor. Approval of the provisions of any subcontract by the City shall not be construed to constitute a determination of the allow ability of any cost under this Agreement. E. The Contractor agrees that it shall be held responsible to the City for the performance of any approved subcontract. Subcontracts shall be in writing, with a copy of each 5 such agreement forwarded to the City at or about the time of execution. F. The Contractor shall be solely liable and responsible for any and all payments and other compensation for all contracts and the City shall have no liability or responsibility with respect thereto. G. All applicable provisions and requirements of this Agreement shall apply to any subcontracts or subagreements. The Contractor agrees that the subcontractor shall be held responsible by the City for the performance of any subcontractor(s). Procurement of Contractor and/or vendor services must be in compliance with appropriate County, State, and federal regulations, directives, and policies. Contracts must be in writing and a copy of each contract must be made available upon request. VI — INSURANCE A. General Liability Insurance Contractor shall procure and maintain general liability insurance protecting 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 equivalent coverage as approved by the City Attorney. B. Automobile Insurance If 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 $500,000 combined single limit liability, or other equivalent coverage approved by the City Attorney. 0 C. Worker Compensation Contractor shall provide worker compensation insurance coverage and benefits which complies with provisions of the California Labor Code, covering all employees of Contractor and, if applicable, other comparable insurance coverage such as medical and accident insurance for those participants enrolled in classroom training or similar programs and not qualifying as employed under worker compensation, as required by State or Federal law. D. Certificates of Insurance Contractor shall furnish to City evidence of any insurance required by this Agreement. A Certificate of Insurance from an insurer admitted to do business in the State of California will be provided, indicating that the respective policies meet the following requirements: notice to City. 1. The City, its officers and employees shall be named as additional insured. 2. Insurance shall not be canceled or terminated without 30 days written 3. Insurance shall be primary and any insurance held by City for its own protection shall be excess and shall be effective only upon exhaustion of Contractor's insurance. 4. Insurance shall be maintained for the duration of the Agreement, including any period extended beyond the expiration date of this Agreement required to complete performance. E. Self -Insurance Notwithstanding the insurance required above, City, at its own option, may accept as an equivalent for any such coverage, evidence of an on-going program of self-insurance together with excess coverage. Said equivalent, in order to satisfy the requirements herein contained, shall be subject to approval of the City Attorney of the City. VII -- HOLD HARMLESS Contractor agrees to indemnify, defend, save and hold harmless City, its officers, employees, and agents against any and all costs, expenses, claims, suits, and liability for bodily 7 L. 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 there from or arising out of and in any way connected with the alleged negligence 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 funds under this Agreement. The City, its officers, employees, and agents 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 funds by Contractor under this Agreement. VIII —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 Act of 1970 as amended if the participants were employees of the Contractor. Contractor shall also comply with the provisions of the California Occupational Safety and Health Act as amended. IX -- COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with the Workforce Investment Act (WIA) Public Law 105-220, as amended; Title 20 Code of Federal Regulations Part 626 et al, WIA Rules and Regulations; applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Title VI of the Civil Rights Act of 1964, WIA Section 188, Equal Employment Opportunity (EEO) (Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented in 41 CFR Part 60, Public Law 94-163 of the Energy Policy Conservation Act, and Environmental Protection Agency requirements; the Family Economic L Security Act (FESA) AB 3424, as amended; the Americans with Disabilities Act (ADA) of 1990; the California Public Records Act; Applicable Drug Free Workplace Requirements, Office of Management and Budget (OMB) Circulars and applicable compliance supplements of the SBWIB; as well as applicable provisions and standards promulgated by the Department of Labor, including but not limited to the following: 1. Selection of participants and staff, 2. Use of State and/or Federal funds, 3. Requirements for record keeping and reporting, 4. Provisions regarding the compensation and working conditions of participants and non-discrimination requirements. If regulations are amended or revised, Contractor shall comply with them or notify City, within 30 days after promulgation of amendments or revisions that it cannot so conform. X -- RECORDS A. Access to Records 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 the right 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 by any of the authorized representative named by the City/SBWIB. B. Retention of Records The Contractor shall make any and all program -related records, reports, participant files, and other documentation any physical evidence, in addition to documents required under this Agreement, 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 of litigation, unresolved audits and/or unresolved claims, the E Contractor agrees to retain all such records, reports, participant files, and other documentation and physical evidence beyond the three-year period, until all such litigation, audits, and claims have been resolved. C. Location of Records The Contractor shall inform the City in writing of the exact location where all records, reports, participant files, and other documentation and physical evidence are to be retained within thirty (30) days of the beginning date of this Agreement. The Contractor shall inform the City in writing of any location changes within ten (10) days from the date the records, reports, participant files, and other documentation and physical evidence are moved. Any transfers of the records or reports beyond the boundaries of the County of Los Angeles shall require prior written approval by the City. If the Agreement ceases operations prior to five (5) years from the beginning date of this Agreement or before all litigation, audits and claims have been resolved, the Contractor shall provide the name, address, and telephone number of the Contractor's representative plus an inventory of all such records, reports, participants files, and other documentation and physical evidence. XI --REPORTING REQUIREMENTS A. General Reporting At such times and in such forms as the City may require, there shall be furnished to the City such records, reports, data and information pertaining to program activities and all other matters covered by this Agreement. B. Monthly Invoice and Closeout 1. On or before the first ten (10) working days of each month, Contractor shall submit to the City, on forms provided by the City, a complete and accurate monthly invoice, including allowable accruals. Allowable accruals as used in this Agreement shall refer to expenses that can be accurately measured and estimated for inclusion in the total cost reported on the closeout of the grant within the contracted period. Any other costs not included will be considered disallowed. 2. Within twenty-one (21) days following the termination of the Agreement, which is March 31, 2010, 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, a complete and accurate final close-out invoice including allowable 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, the City reserves the right to unilaterally close-out the Agreement and use the invoice on file at the City for determination of Contractor's final allowable expenditures. The City will not reimburse the Contractor for any expenditures reported after the 21 -day closeout date following termination of this Agreement. The City shall provide closeout forms to the Contractor at least thirty (30) days prior to termination of Agreement. XII — 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, the Contractor shall report the fact promptly and fully to the City. The 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 determine whether to seek protection on the invention or discovery, including rights under any patent issued thereon, which will be allocated and administered in order to protect the public interest consistent with the "Government Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 CFR 16889). B. Copyright Policv 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 author and the SBWIB which developed the work is free to copyright material or to permit others to do so. The City shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use, and to authorize others to use all copyrighted material. The U.S. Department of Labor reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use, and to authorize others to use, for Federal Government purposes: 1. The copyright in any work developed under any grant, subgrant, or agreement under a grantor subgrant; and 2. Any right of copyright to which a grantee, subgrantee or a Contractor purchases ownership with grant support. 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. XIII -- EQUIPMENT Prior written approval from the South Bay Workforce Investment Board (SBWIB) Executive Director or his designated representative is required for the purchase and/or lease of all non -expendable, tangible personal property, including computer hardware, software and automated data processing (ADP) equipment with a useful life of more than one year acquired with WIA funds, and a per-unit acquisition cost of $5,000 or more. Contractor's written request must provide justification for purchases and include a minimum of three acceptable bids secured through an open -competitive selection process. The property shall be used and maintained by the Contractor as follows: 12 A. Property shall be used solely in the performance of this Agreement. B. A copy of each executed equipment lease agreement shall be kept on file by the Contractor. C. The Contractor shall be liable for any and all loss, damage or destruction of property acquired under this Agreement during the period said property is under the control of the Contractor, except damage, loss, or destruction resulting from reasonable wear and tear. Damage, loss or destruction of the property shall be immediately reported to the City. D. Contractor assures that all of its purchased hardware, software and other computer related products and/or services purchased under this Agreement shall be Year 2000 compliant. Disposition of nonexpendable personal property shall be governed by the provisions of OMB A-110 or DOL regulations at 29 CFR part 97 or State/City directives, as applicable. All private for profit contractors shall acquire prior City approval before purchasing any nonexpendable personal property. XIV -- CONFIDENTIALITY REQUIREMENTS A. Contractor shall maintain the confidentiality of any information regarding participants and the immediate family of any participant that identifies or may be used to identify them and which may be obtained through application forms, interviews, tests, reports from public agencies, counselors, or any other source. The Contractor shall not divulge such information without the permission of the participant, except for disclosures required by court process, order, or decree, and except that information which is necessary for purposes related to the performance or evaluation of the Agreement may be divulged to parties having responsibilities under this Agreement for monitoring or evaluating the services and performances under the Agreement and to governmental authorities to the extent necessary for the proper administration of the program. 13 A B. Confidentiality of State/County Records Confidential information pertains to any data that identifies an individual or an employing unit. Confidential information is not open to the public and requires special precautions to protect it from loss, unauthorized use, access, disclosure, modification, and destruction. The sources of information may include, but are not limited to, Employment Development Department, the California Department of Social Services, the California Department of Education, the County Welfare Department(s), Directors of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California Office of Community Colleges and the Department of Alcohol and Drug Programs. The Contractor agrees to: 1. Keep all information furnished by State/County agencies strictly confidential, and make the information available to its own employees only on a "need to know" basis, as specifically authorized in this Agreement. Instruct all employees with State/County information access regarding the confidentiality of this information and of the penalties for unauthorized use or disclosure found in section 1798.55 of the Civil Code; section 502 of the Penal Code; section 2111 of the Unemployment Insurance Code; section 10850 of the Welfare and Institutions Code and other applicable local, State and federal laws. 2. Store and process information electronically, in a manner that renders it irretrievable 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. XV — 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 complying 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 of the certification by failing to carry out the requirements as noted above. XVI -- FISCAL ACCOUNTABILITY Contractor shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. An integral part of the required financial management system is a system of internal accounting controls that will provide reasonable assurance that assets are safeguarded against loss from unauthorized use or disposition, and that accounting transactions affecting fund accountability are properly charged and recorded by administrative and program cost categories to permit the preparation of accurate and supportable financial reports. XVII -- NOTICES All notices to be given in accordance with this Agreement shall be deemed served by (1) 11 15 enclosing same 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 (2) personal service. For these purposes, the addresses of the parties shall be as follows: city South Bay Workforce Investment Board 11539 Hawthorne Blvd., Suite 500 Hawthorne, California 90250 Attn: Jan Vogel, Executive Director Contractor City of Carson 701 E. Carson St. Carson, CA 90745 Citv City of Hawthorne 4455126 th St. Hawthorne, CA 90250 Attn: Jag Pathirana, City Manager Attn: Clifford Graves, Economic Dev. General Manager XVIII — PROGRAM INCOME FOR NON-PROFIT AND PUBLIC AGENCIES Program income is earned through the activities funded by this Agreement. For further definition of program income and requirements for its use, Contractors are referred to WIA section 195(7)(A)(B)(i)(ii) and 20 CFR 667.300 which are herein incorporated by this reference. Any program income must be reported to the City on the expenditure report, and must be returned to the City in accordance with the City's written directions to the Contractor. At the City's discretion, program income may be used to augment the Contractor's WIA program. Such use of program income is permitted only be written amendment to this Agreement. Should such use of program income be approved, Contractor shall maintain records in support of all earnings and expenditures relating to the use of those funds in accordance with WIA record retention and audit requirements. The City shall monitor Contractor's compliance with all program income requirements. XIX -- AUDITS AND REQUIREMENTS Contractor shall comply with audit requirements as identified WIA regulations (20 CFR 627.480) and respective Office of Management and Budget (OMB) Circulars and other applicable federal, state, and local policies and regulations. Contractor shall be responsible for 16 determining whether it is subject to the OMB Circulars, or other federal auditing requirements, and, if so, shall be responsible for compliance with the audit requirements thereof. Such audits shall be paid for by the Contractor. A commercial organization (subrecipient) receiving $500,000 or more in federal financial assistance to operate a WIA program shall comply with the audit requirements set forth in OMB Circular 133. Contractor shall allow authorized city, state, and federal representatives to have full access to the Contractor's facilities and all related documentation and other physical evidence for the purposes of auditing, evaluation, inspection, and monitoring of the program set forth in this Agreement, including the interviewing of the Contractor's staff and program participants during normal business hours. The City shall have the authority to examine the books and records used by the Contractor in accounting for expenses incurred under this Agreement. Should these books and records not meet the minimum standards of the accepted accounting practices of the City, the City reserves the right to withhold any or all of its funding to the Contractor until minimum standards are met. 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 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 17 AIq disallowed costs, in accordance with the procedures established under this Agreement. XX -- CERTIFICATION A. Debarment and Suspension Certification By signing this Agreement, Contractor hereby certifies under penalty of perjury under laws of the State of California the Contractor will comply with regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR, Part 98, Section 98.510, that the prospective participant, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transitions by any federal department of agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connecting with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, State or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; 4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause of default. 5. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. B. Lobbying Restrictions By signing this Agreement the Contractor hereby assures and certifies to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93. 1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an employee of Congress, an officer or employee of Congress, or a employee of a Member of Congress, in connection with this 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 Agreement, the Contractor shall complete and submit Standard Form - LLL, A Disclosure Form to Report Lobbying, in accordance with its instructions. C. Nepotism: By signing this Agreement the Contractor certifies that it shall not hire or permit the hiring of any person in a position funded under this Agreement if a member of the person's immediate family is employed in an administrative capacity by the Contractor. For the purpose of this Agreement, the term immediate family's means spouse (common law or otherwise), child, mother, father, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step- child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by the Contractor. The term administrative capacity means persons who have overall administrative responsibility for a program, including but not limited to selection, hiring, or supervisory responsibilities. D. Drug Free Workplace Compliance: By signing this Agreement the Contractor hereby warrants and certifies that it shall comply with California Drug -Free Workplace Act of 1990 (Cal. Gov. Code Section 8350 et seq.), as amended, including provision of the requisite 0 certification as set forth therein; and the federal Drug -Free Workplace Act of 1998, including its implementing regulations (29CFR Part 98, commencing with '98.600) E. Nondiscrimination and Affirmative Action: By signing this Agreement the Contractor hereby certifies that it shall not discriminate against any employee or applicant for employment because of race religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. The Contractor will take affirmative action to assure that applicants are employed, and that employees are treated during their employment, without regard to their race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. XXI -- COMPLAINT RESOLUTION PROCEDURES A. SBWIB Complaint Resolution Procedures 1. Contractor shall comply with the SBWIB Complaint Resolution procedures, and any changes incorporated therein during the term of this Agreement, in the resolution of complaints alleging a violation of the WIA, the WIA regulations, the grant and any other Agreements under the Act. SBWIB's staff shall furnish a copy of the procedures to Contractor upon execution of this Agreement. 2. Contractor shall provide to each eligible participant and staff employee a copy and/or summary of the SBWIB Complaint Resolution Procedures during orientation. In the event that Contractor contracts with another party for the provision of training or job development services to a participant, the Contractor shall require that the participant receive access to WIA complaint resolution procedures at each tier of service. Contractor shall maintain written documentation that each staff employee and participant has received information regarding the SBWIB Complaint Resolution Procedures. B. Contractor WIA Participant Complaint Resolution Procedures 1. Contractor [with the exception of those providing individual Training Accounts (ITAs) exclusively] shall develop and maintain procedures for the resolution of 20 U complaints involving the term and conditions of participant employment (On -Job -Training). ITA contractors shall provide WIA participants with copies of the SBWIB complaint resolution procedures and shall instruct participants that they have the option of filing complaints directly with the SBWIB Compliance Officer. 2. Contractor shall provide each participant with a copy of its internal WIA participant complaint resolution procedures upon enrollment into the program or during orientation. In the event that Contractor contracts with another party for the provision of training or job development services to a participant, the Contractor shall require that the participant receive access to SBWIB complaint resolution procedures at each tier of service. Contractor shall maintain written documentation that each staff employee and participant has received information regarding the SBWIB 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 WIA or WIA 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. D. Contractor shall permit the Directorate of Civil Rights (or a representative) access to its premises, participants, employees, books, and papers should the need arise during a complaint investigation. XXII — DISPUTE RESOLUTION AND BREACH A. Dispute: Contractor agrees to use administrative processes and negotiation in attempting to resolve disputes arising from this Agreement. Contractor shall continue performance of the Agreement activities during such dispute and shall immediately submit written request for informal review and consultation to the SBWIB Administration. If the dispute is not resolved within thirty (30) days of such request, City through its agent, shall review the 9 disputed matter and, after consultation with the SBWIB Administration and the Contractor, reach a resolution. Contractor shall be issued a decision in writing which shall bind all parties. Contractor shall be afforded an opportunity to appeal and to offer evidence in support of its appeal. Pending final decision of an appeal, Contractor shall proceed with the performance of the Agreement. Upon final disposition, Contractor shall comply with City's decision. B. 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 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. XXIII -- DEFAULTS, PROBATION, SUSPENSION, TERMINATION AND SANCTIONS OF FUNDING A. Default: 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. Actions that come as a result of Contractor's default shall include but are not limited to the following: 1. Reduce the total budget; 2. Make any changes in the general scope of this Agreement; 3. Place the Contractor on Probation status; and 4. Terminate the Agreement. B. Probation: The City may place Contractor on probation for failure to comply with the terms and conditions of this Agreement by giving written notice, which shall be effective upon receipt. Said notice shall set forth the period of probation, the reasons probation, and the specific conditions of non-compliance. Within five (5) working days, the Contractor shall reply in A 1.. 22 writing, setting forth the corrective actions, which will be undertaken, subject to City approval in writing. C. Suspension: It is mutually understood and agreed that failure of Contractor to comply with any provision of this Agreement, its Exhibits or Attachments is cause for suspension of payments and/or referrals. The City may immediately suspend payments to Contractor prior to termination of the Agreement in whole or in part for the following causes: 1. Failure of Contractor to comply in any respect with either the terms and/or conditions of this Agreement. 2. Submittal to City of reports, which are incorrect or incomplete in any substantial or material respect. 3. Termination or suspension of grant(s) to City from federal or state governments. 4. Failure of Contractor to accept and/or implement any additional conditions that may be required by law, by the Federal government, Executive Order or by regulation of the State, its agencies responsible for the operation of this program, or City. Upon suspension of funds, Contractor agrees not to expend any further funds related to the performance of this Agreement without the express, written consent of City. D. Termination: This Agreement may be canceled by either party without cause upon 30 days written notice prior to the effective date of such termination, which shall be specified in the notice. Upon termination or cancellation of this Agreement, Contractor shall be responsible for preparation of closeout reports and transmittal to City of all documents which are in the possession of Contractor that relate to the conduct of the program within the time and within the manner prescribed by City. Final payment to Contractor under this Agreement will be made only after City has determined that Contractor has satisfactorily completed said close-out procedures. E. Sanctions: Contractor through the execution of this Agreement agrees to 23 comply with, the requirements herein. Approved sanctions may include but are not limited to the following: fiscal probation, administrative probation, withholding of payment, re- obligation/de-obligation of Agreement funds, questioned and/or disallowed costs, or suspension/termination of this Agreement. Those sections, which may be applied will be dependent upon the circumstances of noncompliance. XXIV -- ENTIRE AGREEMENT This Agreement, including all Exhibits referenced, constitutes the entire agreement of the parties and supersedes any previous oral negotiations or written expressions of intent between the parties. // // /1 // m 2a24 IN WITNESS WHEREOF, the parties hereto have agreed on this date and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By: City of Carson Signature: Name: Jim Dear Title: Mayor CITY OF HAWTHORNE ON BEHALF OF SOUTH BAY WORKFORCE INVESTMENT BOARD Jan Vogel, Executive Director APPROVED AS TO FORM: Jack Ballas, Attorney -at -Law 25 EXHIBITS Exhibit A -- Statement of Work, Part I - Cal GRIP EDD & OES; Part II — CSA Title II Exhibit B — Budget Summary Exhibit C — Enrollment Plan, Cal GRIP EDD & OES; CSA TITLE II Exhibit D -- General Provisions Exhibit E -- Consultants 26 Part I - Cal GRIP EDD and Cal GRIP OES EXHIBIT A STATEMENT OF WORK April 1, 2008 — March 31, 2010 Contractor shall provide the following employment and training services to eligible youth, 18-21 years of age as designated in Cal GRIP OES Agreement with the City and to eligible youth 18 — 24 years as designated in the Cal GRIP EDD Agreement with the City. DESCRIPTION OF SERVICE ANNUAL PERFORMANCE GOAL Recruitment and Enrollment Goal 1: Enrollment Conduct outreach and recruitment to meet the Enroll 6 Participants in Cal GRIP OES enrollment goal according to the following youth parameters: reside in the target area; basic skills (Eligible Youth, 18 — 21 years of age) deficient, which is below 8.0 grade level in math and/or Enroll 6 Participants in Cal GRIP EDD reading; is or at risk of one of the high-risk categories: ex -offender, history of attachment to juvenile justice (Eligible Youth, 18 — 24 years of age) system, gang involved/affiliated, school drop-out, or lack positive work history. Total Annual Goal: 12 Participants Work Readiness Training Provide Blueprint for Workplace Success training to Goal 2: Work Readiness Certificate 75% participants for attainment of work readiness skills. of Cal GRIP OES and 75% of Cal GRIP EDD participants will achieve a Work High School Diploma or GED Readiness Certificate. Goal 3: Attainment of a Diploma or GED Provide services to enroll high-school drop-out participants in Adult Education, Continuation School or 25% of Cal GRIP OES and 25% of Cal GRIP EDD participants who are high other educational program leading to attainment of a diploma or GED. school drop -outs will earn a Diploma or Employment Placement Service Provide employment services including registration at GED. Goal 4: Entered Employment a nd ongoing access to the One -Stop Resource Center for 72% of Cal GRIP OES and 72%of Cal GRIP EDD participants will enter job search services; case management follow-up to identify supportive service needs; job referral employment (excludes participants placement and referral services. who enroll in post -secondary education, registered apprenticeship, military and/or advanced training). Must enter employment at $8.00 per hour or more and remain Employment Retention Services employed. Goal 5: Retention in Employment Provide employment retention and follow-up services including case management, job retention training 70% Cal GRIP OES and 70% of Cal (if needed), and supportive services to ensure job GRIP EDD participants who enter employment will be employed in the retention. first quarter after the exit quarter. Family Reunification Services Coordinate with Centinela Youth Services to Goal 6: Family Reunification 25% provide family mediation services to participants and families of participants will participate in family mediation and counseling who are returning to service area from incarceration or Probation camp and or to participants with family resulting in a 70% of reduction in family conflict. conflict. 27 EXHIBIT A Part II - CSA TITLE II STATEMENT OF WORK April 1, 2008 — March 31, 2010 Description of Services to be Provided and Timeline for Services Contractor shall provide the following work readiness and work -based learning/career exploration services for at -risk youth, 14 — 17 years of age, as designated in the CSA Title II grants awarded to the City. PERFORMANCE MEASURE ANNUAL PERFORMANCE GOAL Recruitment and Enrollment Goal 1: Enrollment Conduct outreach and recruitment to meet the enrollment goal according to the following youth parameters: reside in Enroll 15 participants the target area; basic skills deficient, which is below 8.0 (Eligible youth, 14 — 17 years grade level in math and/or reading; is or at risk of one of the of age) high-risk categories: ex -offender, history of attachment to juvenile justice system, gang involved/affiliated, school drop-out, or lack positive work history. Case Management Ongoing case management to assist participants in Goal 2: Case Management overcoming barriers to successful program completion. 15 participants Participant files will be provided to SBYS that will include case notes. Work Readiness Training Provide Blueprint for Workplace Success training to Goal 3 Work Readiness Certificate participants for attainment of work readiness skills 75% participants will achieve a Work Readiness Certificate. Work -based Learning/Career Exploration Services Goal 4: World of Work Awareness Provide work -based learning opportunities including job 75% participants will participate in shadows, company tours and/or paid or unpaid work at least work -based experiences and career interest and aptitude assessments learning/career exploration so that student explore the world of work and identify area activities in order to increase their of career interest. awareness of the world of work. 28 Cal GRIP EDD, Cal GRIP OES and CSA TITLE 11 EXHIBIT B Budget Summary April 1, 2008 — March 31, 2010 Provide an itemized budget of all annual costs as listed below. Contractor may not charge participant wages or sub -contractor costs. Budget Category Personnel List all personnel by job title and total annual sala . Benefits List total benefits cost for each personnel salary listed above Rent, Phones, Utilities Materials and Supplies Participant Costs Support Services, Stipends (No participant waqes may be charoed) Other Total Annual Budget Amount Amount charged to each grant Cal GRIPI Cal GRIP I CSA I EDD Title II Total $ 10,000 1 $ 10,000 I $ 15,000 I $ 35,000 29 $ 20 Enrollment Plan EXHIBIT C Cal GRIP OES April 1, 2008 — March 31, 2010 Cal GRIP OES Annual Enrollment Goal Younger Youth Age 18 Older Youth Age 19-21 Total April - June 0 0 0 Jul - September 1 1 2 October - December 1 1 2 January - March 1 1 2 Annual Total 3 3 6 Contract Total 6 6 12 Cal GRIP EDD April 1, 2008 — March 31, 2010 Cal GRIP EDD Annual Enrollment Goal Younger Youth Age 18 Older Youth Age 19-21 Total April - June 0 0 0 Jul - September 1 1 2 October - December 1 1 2 —January - March 1 1 2 Annual Total 3 3 6 Contract Total 6 6 12 CSA Title II April 1, 2008 — March 31, 2010 CSA Title 11 Enrollment Goal Younger Youth Ae18 Older Youth Age 19-21 Total April -June 0 0 0 Jul - September 2 2 4 October - December 3 2 5 Januar - March 3 3 6 Annual Total 8 7 15 Contract Total 16 14 30 30 EXHIBIT D GENERAL PROVISIONS Contractor hereby assures that in administering this Agreement, it shall comply with the standards of conduct hereinafter set out, for maintaining the integrity of the project and avoiding any conflict of interest in its administration. General Assurance. Every reasonable course of action shall be taken by the Contractor in order to maintain the integrity of this expenditure of public funds and to avoid any favoritism, questionable or improper conduct. This Agreement shall be administered in an impartial manner, free from personal, financial or political gain. The Contractor, its executive staff and employees, in administering the Agreement, shall avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain. Nondiscrimination. Prohibition of Discrimination Regarding Participation Benefits and Employment No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Prohibition on Assistance for Facilities for Sectarian Instruction or Religious Worship Participants shall not be employed under this title to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place of religious worship. Prohibition on Discrimination on Basis of Participant Status No person may discriminate against an individual who is a participant in a program or activity that receives funds under this Title with respect to the terms and conditions affecting the rights provided to the individual solely because of the status of the individual as a participant. Prohibition on Discrimination Against Certain Non -Citizens Participation in programs and activities or receiving funds under this Title shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, parolees, and other immigrants authorized by the Attorney General to work in the United States. Nepotism The Contractor certifies that it shall not hire nor permit the hiring of any person in a position funded under this Agreement if a member of the person's immediate family; is employed in an administrative capacity by the Contractor. For the purpose of this Agreement, the term 3 31 "immediate family" means spouse (common law or otherwise), child, mother, father, brother, sister, brother/sister-in-law, son/daughter-in-law, mother/father-in-law, aunt, uncle, niece, nephew, step-parent, step -child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by the Contractor. The term "administrative capacity's means persons who have overall administrative responsibility for a program including but not limited to selection, hiring, or supervisory responsibilities. Avoidance of Conflict of Economic Interest. An executive or employee of the Contractor, an elected official in the area of a member of the South Bay Workforce Investment Board (SBWIB), shall not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by the Contractor or Sub -contractor. Supplies, materials, equipment or services purchased with subgrant funds shall be used solely for purposes allowed under this Agreement. No member of the SBWIB shall cast a vote on the provision of services by that member (or any organization which that member represents) or vote on any matter which would provide direct financial benefit to that member of any business or organization which the member directly represents. Avoidance of Sectarian Activities. The Contractor certifies that this Agreement does not provide for the advancement or aid to any religious sect, church, creed or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church or sectarian denomination whatever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of Church and State. Unallowable Activities and Costs. Contractor will comply with the guidelines per 20 CFR Part 652, Final Rule, August 11, 2000, regarding unallowable activities and costs or compensation may be disallowed. The following activities and costs, among others, are specifically unallowable: 1. Public Service Employment: No funds will be used under this agreement for public service employment, subsidized employment with public and non-profit employers providing public services to provide disaster relief employment as specifically authorized in WIA Section 173(d) AND 195(10). 2. Sectarian Activities: The employment or training of participants to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious work activities is prohibited. 3. Political Activities: No financial assistance may be provided for any program, which involves political activities. 4. Maintenance of Effort: 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) any currently employed employee (as of the date of the 32 "' participation). 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. c. No participant shall be employed or job opening filled when (1) any other individual is on layoff from the same or any substantially equivalent job, or (2) the employer has terminated the employment with the intention of filling the vacancy so created by hiring a participant whose wages are subsidized under this Agreement. 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. Any funds received by agencies or individuals may not be used to assist, promote, or deter unionization. 6. No funds provided under WIA 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 funded under this WIA. 8. Davis Bacon wages shall be paid to participants employed as laborers or mechanics by contractors, or Contractors, when working in construction which is assisted under the Act and which is related to a building used for WIA 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 absence of such funds. 10. No funds shall be used for the encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location or to assist in relocating establishments, or part of a business that has relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his or her jobs at the original location. 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 likely to achieve the workforce investment area's performance goals. 12. No funds shall be used for employment generating activities. 13. Incumbent Employee: No funds shall used on wages of incumbent employees during their participation in economic development activities provided through a Statewide workforce investment system, (WIA sec 181(b)(1)). 33 0 UNDERSTANDINGS A. Contractor understands that this Agreement is a cost reimbursement contract. 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 participants' training and placement is assumed. D. Contractor understands that SBWIB staff are charged with tracking and reporting on compliance and performance of all Agreements to the SBWIB and/or designated committees. The staff are 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 City's on-site monitoring shall, if applicable, include a review of the financial assistance awards list to find WIA enrollees and to identify possible WIA training fund overpayments in order to recover funds from training institutions that received education assistance program funds on behalf of WIA participants. G. Contractor understands that all costs paid out for a participant who is enrolled without City's written authorization prior to enrollment who is found to be ineligible, 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 City or SBWIB will withhold amounts owed the debtor for past services or other considerations already provided in satisfaction of the debt owed, or use any repayment method identified in the SBWIB debt collection policy. H. 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 hereunder. In addition, 1. During the performance of this Agreement, the Contractor shall not deny the said benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, or political affiliation, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, marital status, age, sex, or political affiliation. Contractor 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 contracts to perform work under this agreement. Contractor will administer its programs under the Workforce Investment Act 34 (WIA) in full compliance with safeguards against fraud, abuse and criminal activity as set forth in WIA Directives. 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 City within 24 hours of discovery in accordance with requirements and procedures contained in 20 CFR Section 667.630. Contractor shall provide evidence of °notification to employees and participants of policies and reporting procedures concerning fraud, abuse and criminal activity. 35 0 EXHIBIT E CONSULTANTS In the event that Contractor shall enter into consultant and/or professional service contracts for any services provided under this Agreement, the parties to any such contracts, and the services they are to provide, shall be identified below. Contractor shall provide City with current copies of any consultant and/or professional services agreements with the individuals listed below. Said agreements shall specify compliance with terms and conditions of the primary agreement with City of Hawthorne. Adjustments to this Exhibit may be made by approval of the City Attorney without amendment, however, prior to any change in, or additions to, the list of consultants contained herein, Contractor shall notify City and provide copies of sub -agreements and other required documents. Consultants performing services which may involve driving must provide evidence of insurance (insurance certificates) at the level required and with additional insured endorsements. CONSULTANT SERVICES TO BE PERFORMED 36 SOUTH BAY WORKFORCE INVESTMENT AREA FUNDING AGREEMENT AMENDMENT NO. 4 TO AGREEMENT NO 07-H149 BETWEEN THE CITY OF HAWTHORNE AND THE CITY OFCARSON THIS Amendment is made and entered into this day of , 2009 by and between the CITY OF HAWTHORNE, a municipal corporation, hereinafter referred to as) City and CITY OF CARSON, a municipal corporation, hereinafter referred to as ) Contractor) with its principal place of business located at 701 E. Carson St., Carson CA 90745. WHEREAS, on August 6, 2007 City and Contractor entered into Agreement No. 07-H149 in order to provide Workforce Investment Act (WIA) employment and training services to eligible participants; and, WHEREAS, the City is receiving federal funds from the State of California for the purpose of providing employment and training services to adults, dislocated workers and youth; and, WHEREAS, on April 20, 2009, the State of California awarded the City additional funds for the Disability Program Navigator (DPN) to provide DPN position(s) in order to focus on improving employment services for persons with disabilities; and WHEREAS, Contractor continues to represent itself as being qualified and capable of providing said services in accordance with all rules and regulations developed to implement said statues and in accordance with the terms and conditions of the original agreement; and WHEREAS, the parties are interested in amending Agreement No. 07-H149 to continue providing said services to eligible participants in accordance with the terms and conditions set forth below; NOW, THEREFORE, in consideration of the premises, the parties hereto agree as follows: 1. THEREFORE, in consideration of the premises, the parties hereto agree as follows: 1. Section II, Compensation, paragraph A, is amended to read, "In addition to any other monies authorized to be expended under Agreement No. 06-H183 and any prior amendments, if applicable, thereto, the City shall reimburse Contractor an additional $36,693 for the South Bay One -Stop Navigator Project. The parties agree that in no case shall the total amount of EXHIBIT NO, - 2 3 expenditures under this agreement as amended exceed the sum of $381,288". 2. Exhibit B2, City of Carson Budget Summary PY 08-09 is hereby amended to include the additional funds provided for in paragraph 1 above. Unless as otherwise specifically amended herein, all terms and conditions contained in the original Agreement No. 07-H149 as previously amended, will remain in full force and effect. H H H H 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement No. 07-H 149 on the date and year above written. ATTEST: City Clerk APPROVED A S TO FORM: City Attorney CITY OF HAWTHORNE City Attorney APPROVED AS TO FORM: Jack Ballas, Attorney -at -Law By: CITY OF CARSON Signature: Name: Jim Dear Title: Mayor By: CITY OF HAWTHORNE Signature: Name: Jag Pathirana Title: City Manager 3 SOUTH BAY WORKFORCE INVESTMENT AREA (AMERICAN RECOVERY AND REINVESTMENT ACT) FUNDING AGREEMENT NO.09-1-1116 BETWEEN THE CITY OF HAWTHORNE AND THE CITY OF CARSON THIS AGREEMENT is made and entered into this day of 2009, by and between the CITY OF HAWTHORNE, a municipal corporation, hereinafter referred to as "City" and the CITY OF CARSON, a municipal corporation, hereinafter referred to as "Contractor" with its principal place of business located at 701 E. Carson, Carson, CA. WHEREAS, the City is the Administrative Entity for the South Bay Workforce Investment Area (SBWIA); and WHEREAS, the South Bay Workforce Investment Board (SBWIB) is the policy and oversight authority for the SBWIA; and WHEREAS, City is receiving and will be receiving federal funds from the State of California under the Workforce Investment Act (WIA), for the purpose of providing employment and training services to eligible participants; and WHEREAS, on April 20, 2009, the State of California awarded the City funds under the American Recovery and Reinvestment Act (ARRA) of 2009 "Recovery Act' to provide employment and training services to adults, dislocated workers and youth; and, WHEREAS, on April 20, 2009, the State of California awarded the City funds under the American Recovery and Reinvestment Act (ARRA) of 2009 "Recovery Act' to provide rapid response activities and services; and, WHEREAS, Contractor represents itself as being qualified and capable of providing said services in accordance with all the rules and regulations developed to implement said statutes and in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the recitals and the mutual obligations provided herein, the parties hereto agree as follows: EXHIBIT NO. - 3 I — CONTRACTOR REQUIREMENTS/RESPONSIBILITIES Contractor shall be required to provide job training and employment program services set forth in the Exhibits listed below, attached hereto and incorporated herein by this reference: Exhibit A Statement of Work - Adult Exhibit Al Statement of Work – Youth Exhibit A2 Statement of Work – Rapid Response Exhibit B City of Carson Grant Summary Exhibit C Budget Summary Forms Exhibit D Common Measures Performance Exhibit E General Provisions Exhibit F Consultants Further Responsibilities. Contractor shall: A. Fully cooperate with authorized representatives of the South Bay Workforce Investment Area, the City, State and Federal governments including independent auditors, seeking to interview any program participant or staff member of Contractor, or to evaluate, inspect and/or monitor those facilities and operations of Contractor that are directly involved in the implementation of programs funded through this Agreement. Provide services funded under this agreement only to individuals determined eligible under WIA guidelines as designated by the SBWIB. B. Provide facilities, which are adequate to fulfill the requirements of this Agreement. C. Provide services as described in Exhibit A and Al, Statement of Work. D. Contractor shall 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 applicable to the program under which the participant is enrolled. 2 II - COMPENSATION A. The parties agree that this shall be a cost reimbursement agreement. Only allowable program costs described in Exhibit C, Budget Summary Forms will be reimbursed for actual expenditures incurred during the program year, not to exceed budgeted amounts for which the Contractor has adequate supporting documentation of such expenditures. The Contractor shall not request reimbursement based upon budgeted amounts and in no case shall the total amount of reimbursement by City under this Agreement exceed the sum of $360,325. B. Contractor shall bill City monthly in arrears for actual prior month expenditures in accordance with procedures set forth by the City and SBWIB. C. The parties agree that the City reserves the right to prorate Contractor's reimbursement based upon the cost per participant and the number of participants enrolled as described in Exhibit A and Al, Statement of Work. In addition, a percentage of total costs, or the final payment, which represents a percentage of total costs, may be held pending Contractor's adherence to minimum performance requirements. D. The City reserves the right to withhold or refuse payment for Contractor's failure to meet minimum performance requirements. E. 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, SBWIB, individual participants or any other party, other than as specifically detailed in this Agreement. F. Notwithstanding the provisions concerning the term of the Agreement, funding shall be provided according to the following provisions: 1. The acceptance by the City of the performance of the Contractor under the terms of the Agreement. 3 2. This Agreement is funded solely under the Workforce Investment Act (WIA). In the event the WIA is canceled or WIA funds to the City are terminated, this Agreement will likewise terminate. Contractor shall have no recourse to non-WIA funds. 3. Contractor and City hereby agree that payment will be by City -draft within thirty (30) days following receipt and approval of each monthly invoice or within the course of ordinary City business, whichever occurs first. 4. Payments to the Contractor may be withheld by the City if the Contractor fails to comply with the provisions of this Agreement. 5. Contractor shall be responsible to repay any disallowed costs as determined by the City, its agent, the State or the Department of Labor (DOL). III -- TERM OF AGREEMENT The term of the Agreement shall be from February 17, 2009 to June 30, 2010. Contractor shall be responsible for submitting a budget detail for each program year in order to receive subsequent program year funding. The parties may extend this Agreement for one (1) additional year upon the same terms and conditions as are set forth in this Agreement. Any such extension shall be in writing, signed by an authorized representative of each party, and entered into prior to the expiration of this Agreement. IV -- MODIFICATIONS A. Unilateral Amendment At any time during the term of this Agreement the City reserves the right and authorized the SBWIB, Executive Director to modify this Agreement upon written notice to the Contractor under the following circumstances: 1. There is an increase or decrease in Federal or state funding levels. 2. A modification to the Agreement is required in order to implement an 4 adjustment or modification to the plan. 3. Funds awarded the Contractor have not been or shall not be expended in accordance with the schedule included in the approved Agreement. The City determines that funds shall not be spent in a timely manner, and such funds are for that reason to the extent permitted by and in a manner consistent with State and Federal law, regulation and policy, reverting to the Contractor. 4. There is a change in state or federal law or regulation requiring a change in the provisions of this Agreement. B. Except as provided above, this Agreement fully expresses the agreement of the parties. The City must by means of a separate written document approve any modifications or amendment of the terms of this agreement. No oral conversation between any officers of employee of the parties shall modify this Agreement in any way. V -- ASSIGNMENTS AND SUBCONTRACTORS A. Contractor shall neither assign this Agreement nor enter into any subcontract for the performance of services required herein without securing the prior consent of City. Any attempt by the Contractor to subcontract any performance of services under this Agreement without the prior written consent of the City shall be null and void and shall constitute a material breach of this Agreement upon which the City may immediately terminate this Agreement in accordance with the provisions of Section XXII of this Agreement. B. Contractor's request to the City for approval to enter into a subcontract shall include: 1. A description of the services to be provided by the subcontractor. 2. Identification of the proposed subcontractor, a description of the manner in which the proposed subcontractor was selected, and a statement of the extent of competition, if any, involved in the award of the subcontract. I, 3. Any other information or certification requested by the City/SBWIB. C. In the event the City/SBWIB consents to subcontracting, all applicable provisions and requirements of this Agreement shall be made applicable to such subcontract. To accomplish this requirement, the Contractor shall include in all subcontracts the following provision: "This Agreement is a subcontract under the terms of a prime_ agreement with the City of Hawthorne and shall be subject to all the provisions of such prime contract. All representations and warranties under this subcontract shall inure to the benefit of the City of Hawthorne." D. All subcontracts shall be made in the name of the Contractor and shall not bind nor purport to bind the City. The making of subcontracts hereunder shall not relieve the Contractor of any requirement under this Agreement, including, but not limited to, the duty to properly supervise and coordinate all the work of the Contractor and any subcontractor. Approval of the provisions of any subcontract by the City shall not be construed to constitute a determination of the allowability of any cost under this Agreement. E. The Contractor agrees that it shall be held responsible to the City for the performance of any approved subcontract. Subcontracts shall be in writing, with a copy of each such agreement forwarded to the City at or about the time of execution. F. The Contractor shall be solely liable and responsible for any and all payments and other compensation for all subcontractors and the City shall have no liability or responsibility with respect thereto. G. The Contractor shall not assign or subcontract any part or all of its interest in this Agreement without written approval from the City/SBWIB. H. All applicable provisions and requirements of this Agreement shall apply to any subcontracts or subagreements. The Contractor agrees that the Contractor shall be held 0 EA responsible by the City for the performance of any subcontractor(s). Procurement of subcontractor and/or vendor services must be in compliance with appropriate County, State, and federal regulations, directives, and policies. Subcontracts must be in writing and a copy of each subcontract must be made available upon request. VI -- INSURANCE A. General Liability Insurance Contractor shall procure and maintain general liability insurance protecting 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 equivalent coverage as approved by the City Attorney. 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 author- ized to do business in the State of California. The coverage shall be $1,000,000 combined single limit liability, or other equivalent coverage approved by the City Attorney. C. Worker Compensation Contractor shall provide worker compensation insurance coverage and benefits which complies with provisions of the California Labor Code, covering all employees of Contractor and, if applicable, other comparable insurance coverage such as medical and accident insurance for those participants enrolled in classroom training or similar programs and not qualifying as employed under worker compensation, as required by State or Federal law. 7 D. Fidelity Bond In the event City chooses to make payment required herein by this Agreement by way of advancement as opposed to reimbursement, Contractor shall be required to provide and maintain a blanket fidelity bond which shall apply to the performance of any director, officer or agent of Contractor who signs or authorizes signatures on checks or drafts or in any manner -authorizes the disbursement of project funds. Prior to the payment of program funds, by City, 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 under such bond. The amount of the bond shall be no less than $50,000 or the highest advance planned for the present Agreement, whichever is higher. E. Certificates of Insurance Contractor shall furnish to City evidence of any insurance required by this Agreement. A Certificate of Insurance from an insurer admitted to do business in the State of California will be provided, indicating that the respective policies meet the following requirements: notice to City. 1. The City, its officers and employees shall be named as additional insured. 2. Insurance shall not be canceled or terminated without 30 days written 3. Insurance shall be primary and any insurance held by City for its own protection shall be excess and shall be effective only upon exhaustion of Contractor's insurance. 4. Insurance shall be maintained for the duration of the Agreement, including any period extended beyond the expiration date of this Agreement required to complete performance. F. Self-insurance Notwithstanding the insurance required above, City, at its own option, may accept as an equivalent for any such coverage, evidence of an on-going program of self- insurance together with excess coverage. Said equivalent, in order to satisfy the requirements herein contained, shall be subject to approval of the City Attorney of the City. VII -- HOLD HARMLESS Contractor agrees to indemnify, defend, save and hold harmless City, its officers, employees, and agents 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 the alleged negligence 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 WIA funds under this Agreement. The City, its officers, employees, and agents 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 WIA funds by Contractor under this Agreement. VIII -- 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 9 t �� Q and Health Act of 1970 as amended if the participants were employees of the Contractor. Contractor shall also comply with the provisions of the California Occupational Safety and Health Act as amended. IX -- COMPLIANCE WITH LAW AND WIA Contractor shall comply with the Workforce Investment Act (WIA) Public Law 105-220, as amended; Title 20 Code of Federal Regulations Part 652 et al, WIA Rules and Regulations; applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, E.O. 11738, Public Law 94-163 of the Energy Policy Conservation Act, and Environmental Protection Agency requirements; the Family Economic Security Act (FESA) AB 3424, as amended; the Americans with Disabilities Act (ADA) of 1990; Title VI of the Civil Rights Act of 1964, WIA section 188, Equal Employment Opportunity (EEO) (Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented in 41 CFR Part 60, the California Public Records Act; Applicable Drug Free Workplace Requirements, Office of Management and Budget (OMB) Circulars and applicable compliance supplements; all other Federal, State and local laws, rules and regulations; policies and operating requirements of the SBWIB; as well as applicable provisions and standards promulgated by the Department of Labor, including but not limited to the following: 1. Selection of participants and staff, 2. Use of State and/or Federal funds, 3. Requirements for record keeping and reporting, 4. Provisions regarding the compensation and working conditions of participants and non-discrimination requirements. If regulations are amended or revised, Contractor shall comply with them or notify City, within 30 days after promulgation of amendments or revisions that it cannot so conform. 10 X -- 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 the right to examine any and all records, books, participant files, papers, reports, and audits. And other documents and physical evidence related to the program, as often as deemed necessary by any of the authorized representative named by Executive Director. B. Retention The Contractor shall make any and all WIA-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 of litigation, unresolved audits and/or unresolved claims, the Contractor agrees to retain all such records, reports, participant files, and other documentation and physical evidence beyond the three-year period, until all such litigation, audits, and claims have been resolved. C. Location The Contractor shall inform the City in writing of the exact location where all records, reports, participant files, and other documentation and physical evidence are to be retained within thirty (30) days of the beginning date of this Agreement. The Contractor shall inform the City in writing of any location changes within ten (10) days from the date the records; reports, participant files; and other documentation and physical evidence are moved. Any transfers of the records or reports beyond the boundaries of the County of Los Angeles shall require prior written approval by the City. If the Agreement ceases operations prior to five (5) years from the beginning date of this Agreement or before all litigation, audits and claims have been resolved, 11 the Contractor shall provide the name, address, and telephone number of the Contractor's representative plus an inventory of all such records, reports, participants files, and other documentation and physical evidence. XI -- REPORTING REQUIREMENTS A. General Reporting At such times and in such forms as the City may require, there shall be furnished to the City such records, reports, data and information pertaining to matters covered by this Agreement. B. WIA Monthly Invoice and Close -Out 1. On or before ten (10) working days of each month, Contractor shall submit to the City, on forms provided by the City, a complete and accurate monthly WIA invoice, including allowable accruals. Allowable accruals as used in this Agreement shall refer to expenses that can be accurately measured and estimated for inclusion in the total cost reported on the closeout of the grant within the contracted period. Any other costs not included will be considered disallowed. 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, a complete and accurate final close-out invoice including allowable 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, the City reserves the right to unilaterally close-out the Agreement and use the invoice on file at the City for determination of Contractor's final allowable expenditures. The City will not reimburse the Contractor for any expenditure reported after the 21 -day close - 12 X53 out date following termination of this Agreement. The City shall provide close-out forms to the Contractor at least thirty (30) days prior to termination of Agreement. C. Management Information System (MIS) Reportinq Contractor shall submit to the City all MIS forms within 10 days of the activity date (ex: enrollment date, exit date, follow-up date). XII -- 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, the Contractor shall report the fact promptly and fully to the City. The 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 determine whether to seek protection on the invention or discovery, including rights under any patent issued thereon, which will be allocated and administered in order to protect the public interest consistent with the "Government Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 CFR 16889). B. Copyright Policy 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 author and the SBWIB which developed the work is free to copyright material or to permit others to do so. The City shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use, and to authorize others to use all copyrighted material. The U.S. Department of Labor reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publishes or otherwise use, and to authorize others to use, for Federal Government purposes: 13 1. The copyright in any work developed under any grant, subgrant, or agreement under a grantor subgrant; and, 2 Any right of copyright to which a grantee, subgrantee or a Contractor purchases ownership with grant support. 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. XIII -- EQUIPMENT Prior written approval from the South Bay Workforce Investment Board (SBWIB) Executive Director or his designated representative is required for the purchase and/or lease of all non -expendable, tangible personal property, including computer hardware, software and automated data processing (ADP) equipment with a useful life of more than one year acquired with WIA funds, and a per-unit acquisition cost of $5,000 or more. Contractor's written request must provide justification for purchases and include a minimum of three acceptable bids secured through an open -competitive selection process. The property shall be used and maintained by the Contractor as follows: A. Property shall be used solely in the performance of this Agreement. B. A copy of each executed equipment lease agreement shall be kept on file by the Contractor. C. The Contractor shall be liable for any and all loss, damage or destruction of property acquired under this Agreement during the period said property is under the control of the Contractor, except damage, loss, or destruction resulting from reasonable wear and tear. Damage, loss or destruction of the property shall be immediately reported to the City. D. Contractor assures that all of its purchased hardware; software and other computer related products and/or services purchased under this Agreement shall be Year 2000 compliant. 14 .�5 Disposition of nonexpendable personal property shall be governed by the provisions of OMB A-110 or DOL regulations at 29 CFR part 97 or State/City directives, as applicable. All private for profit contractors shall acquire prior City approval before purchasing any nonexpendable personal property. XIV -- CONFIDENTIALITY REQUIREMENTS A. Contractor shall maintain the confidentiality of any information regarding participants and the immediate family of any participant that identifies or may be used to identify them and which may be obtained through application forms, interviews, tests, reports from public agencies, counselors, or any other source. The Contractor shall not divulge such information without the permission of the participant, except for disclosures required by court process, order, or decree, and except that information which is necessary for purposes related to the performance or evaluation of the Agreement may be divulged to parties having responsibilities under the Agreement for monitoring or evaluating the services and performances under the Agreement and to governmental authorities to the extent necessary for the proper administration of the program. B. Confidentiality of State/County Records Confidential information pertains to any data that identifies an individual or an employing unit. Confidential information is not open to the public and requires special precautions to protect it from loss, unauthorized use, access, disclosure, modification, and destruction. The sources of information may include, but are not limited to, Employment Development Department, the California Department of Social Services, the California Department of Education, the County Welfare Department(s), Directors of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California Office of Community Colleges and the Department of Alcohol and Drug Programs. The Contractor agrees to: 15 �flD 1. Keep all information furnished by State/County agencies strictly confidential, and make the information available to its own employees only on a "need -to -know" basis, as specifically authorized in this Agreement. Instruct all employees with State/County information access regarding the confidentiality of this information and of the penalties for unauthorized use or disclosure found in section 1798.55 of the Civil Code; section 502 of the Penal Code; section 2111 of the Unemployment Insurance Code; section 10850 of the Welfare and Institutions Code and other applicable local, State and federal laws. 2. Store and process information electronically, in a manner that renders it irretrievable 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. XV -- 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 complying 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 16 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 of the certification by failing to carry out the requirements as noted above. XVI -- FISCAL ACCOUNTABILITY Contractor shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. An integral part of the' required financial management system is a system of internal accounting controls that will provide reasonable assurance that WIA assets are safeguarded against loss from unauthorized use or disposition, and that accounting transactions affecting WIA fund accountability are properly charged and recorded by administrative and program cost categories to permit the preparation of accurate and supportable financial reports. XVII -- NOTICES All notices to be given in accordance with this Agreement shall be deemed served by (1) enclosing same 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 (2) personal service. For these purposes, the addresses of the parties shall be as follows: City South Bay Workforce Investment Board 11539 S. Hawthorne Blvd., 5th floor Hawthorne, CA 90250 Attn: Jan Vogel, Executive Director Contractor Cit City of Hawthorne 4455 W. 126th St. Hawthorne, CA 90250 Attn: Jag Pathirana, City Manager City of Carson 701 E. Carson St. Carson, CA 90745 Attn: Clifford Graves, Economic Dev. General Manager 17 XVIII --PROGRAM INCOME FOR NON-PROFIT AND PUBLIC AGENCIES Program income is earned through the activities funded by this Agreement. For further definition of program income and requirements for its use, Contractors are referred to WIA section 195(7)(A)(B)(i)(ii) and 20 CFR §667.300 which are herein incorporated by this reference. Any program income must be reported to the City on the expenditure report, and must be returned to the City in accordance with the City's written directions to the Contractor. At the City's discretion, program income may be used to augment the Contractor's WIA program. Such use of program income is permitted only by written amendment to this Agreement. Should such use of program income be approved, Contractor shall maintain records in support of all earnings and expenditures relating to the use of those funds in accordance with WIA record retention and audit requirements. The City shall monitor Contractor's compliance with all program income requirements. XIX — AUDITS AND REQUIREMENTS Contractor shall comply with audit requirements as identified WIA regulations (20 CFR 627.480) and respective Office of Management and Budget (OMB) Circulars and other 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 requirements, and, if so, shall be responsible for compliance with the audit requirements thereof. The Contractor shall pay for such audits. A commercial organization (subrecipient) receiving $300,000 or more in federal financial assistance to operate a WIA program shall comply with the audit requirements set forth in OMB Circular 133. Contractor shall allow authorized City, State, and Federal representatives to have full access to the Contractor's facilities and all related WIA documentation and other physical evidence for the purposes of auditing, evaluation, inspection, and monitoring of the program set forth in this Agreement, including the interviewing of the Contractor's staff and program participants during normal business hours. The City shall have the authority to examine the books and records used by the Contractor in accounting for expenses incurred under this Agreement. Should these books and records not meet the minimum standards of the accepted accounting practices of the City, the City reserves the right to withhold any or all of its funding to the Contractor until minimum standards are met. 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 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 WIA. XX -- CERTIFICATION A. Debarment and Suspension Certification: By signing this Agreement, Contractor hereby certifies under penalty of perjury under laws of the State of California the Contractor will comply with regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR, Part 98, Section 98.510, that the prospective participant, to the best of its knowledge and belief, that it and its principals: Me IN 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transitions by any federal department of agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connecting with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, State or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; 4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, State, or local) terminated for cause of default. 5. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. B. Lobbying Restrictions: By signing this Agreement the Contractor hereby assures and certifies to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93. 1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an employee of Congress, an officer or employee of Congress, or a employee of a Member of Congress, in connection with this Agreement. 20 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 Agreement, the Contractor shall complete and submit Standard Form - LLL , "Disclosure Form to Report Lobbying", in accordance with its instructions. C. Nepotism: By signing this Agreement the Contractor certifies that it shall not hire or permit the hiring of any person in a position funded under this Agreement if a member of the person's immediate family is employed in an administrative capacity by the Contractor. For the purpose of this Agreement, the term "immediate family" means spouse (common law or otherwise), child, mother, father, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step- child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by the Contractor. The term "administrative capacity" means persons who have overall administrative responsibility for a program, including but not limited to selection, hiring, or supervisory responsibilities. D. Drug Free Workplace Compliance: By signing this Agreement the Contractor hereby warrants and certifies that it shall comply with California Drug -Free Workplace Act of 1990 (Government Code Section 8350 eq seq) and will provide a drug free workplace by taking the following actions: 1. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employee for violations as required by Government Code Section 8350(a). 2. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: 21 programs; a. The dangers of drug abuse in the workplace; b. The person's or organization's policy of maintaining a drug-free workplace c. Any available counseling, rehabilitation, and employee assistance d. Penalties that may be imposed upon employees for drug abuse violations. 3. Provide, as required by Government Code Section 8355(c), that every employee who works with the proposed activity: a. Will receive a copy of the company's drug-free policy statement; and; b. Will agree to abide by the terms of the company's drug-free workplace policies. Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement, or cancellation of the purchase order, or all that may apply. In addition, the Contractor may be ineligible for award of future agreements or purchase orders if it is determined that any of the following has occurred: (1) the false certification, or (2) failing to carry out the requirements of the certification as noted above. E. Nondiscrimination and Affirmative Action: By signing this Agreement the Contractor hereby certifies that it shall not discriminate against any employee or applicant for employment because of race religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. The Contractor will take affirmative action to assure that applicants are employed, and that employees are treated during their employment, without regard to their race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. XXI -- COMPLAINT RESOLUTION PROCEDURES A. SBWIB Complaint Resolution Procedures 22 1. Contractor shall comply with the SBWIB Complaint Resolution procedures, and any changes incorporated therein during the term of this Agreement, in the resolution of complaints alleging a violation of the WIA, the WIA regulations, the grant or any other agreements under the Act. SBWIB's staff shall furnish a copy of the procedures to Contractor upon execution of this Agreement. 2. Contractor shall provide to each eligible participant and staff employee a copy and/or summary of the SBWIB Complaint Resolution Procedures during orientation. In the event that Contractor subcontracts with another party for the provision of training or job development services to a participant, the subcontractor shall require that the participant receive access to WIA complaint resolution procedures at each tier of service. Contractor shall maintain written documentation that each staff employee and participant has received information regarding the SBWIB Complaint Resolution Procedures. B. Contractor WIA Participant Complaint Resolution Procedures 1. Contractor [with the exception of those providing Individual Training Accounts (ITAs) exclusively] shall develop and maintain procedures for the resolution of complaints involving the terms and conditions of participant employment (On -Job -Training). ITA contractors shall provide WIA participants with copies of the SBWIB complaint resolution procedures and shall instruct participants that they have the option of filing complaints directly with the SBWIB Compliance Officer. 2. Contractor shall provide each participant with a copy of its internal WIA Participant complaint resolution procedures upon enrollment into the program or during orientation. In the event that Contractor subcontracts with another party for the provision of training or job development services to a participant, the Contractor shall require that the participant receive access to SBWIB complaint resolution procedures at each tier of service. 23 Contractor shall maintain written documentation that each staff employee and participant has received information regarding the SBWIB 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 WIA or WIA 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. D. Contractor shall permit the Directorate of Civil Rights (or a representative) access to its premises, participants, employees, books, and papers should the need arise during a complaint investigation. XXII -- DISPUTE RESOLUTION AND BREACH A. Dispute: Contractor agrees to use administrative processes and negotiation in attempting to resolve disputes arising from this Agreement. Contractor shall continue performance of the Agreement activities during such dispute and shall immediately submit written request for informal review and consultation to the SBWIB Administration. If the dispute is not resolved within thirty (30) days of such request, City through its agent, shall review the disputed matter and, after consultation with the SBWIB Administration and the Contractor, reach a resolution. Contractor shall be issued a decision in writing, which shall bind all parties. Contractor shall be afforded an opportunity to appeal and to offer evidence in support of its appeal. Pending final decision of an appeal, Contractor shall proceed with the performance of the Agreement. Upon final disposition, Contractor shall comply with City's decision. B. 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 avail itself of all rights and remedies, at law or equity, in the courts of law. 24 11 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. XXIV - EQUIPMENT Prior written approval from the State Employment Development Department is required to purchase and/or lease of all non -expendable, tangible personal property, including computer hardware, software and automated data processing (ADP) equipment with a useful life of more than one year acquired with WIA funds, and a per-unit acquisition cost of $5,000 or more. Contractor's written request must be submitted through the South Bay Workforce Investment Board (SBWIB) Executive Director with justification of purchase versus leasing and include a minimum of three acceptable bids secured through an open competitive selection process if purchasing. The property shall be used and maintained by the Contractor as follows: the Contractor. A. Property shall be used solely in the performance of this Agreement. B. A copy of each executed equipment lease agreement shall be kept on file by C. The Contractor shall be liable for any and all loss; damage or destruction of property acquired under this Agreement during the period of said property is under the control of Contractor, except damage, loss, or destruction resulting from reasonable wear and tear. Damage, loss or destruction of the property shall be immediately reported to the City. D. Contractor assures that all of its purchased hardware; software and other computer related products and/or services purchased under this Agreement shall be Year 2000 compliant. Disposition of non -expendable personal property shall be governed by the provisions of OMB A-110 or DOL regulations at 29CFR Part 37 or State, City or local directive as applicable. 25 [I XXV- ENTIRE AGREEMENT This Agreement, including all Exhibits referenced, constitutes the entire agreement of the parties and supersedes any previous oral negotiations or written expressions of intent between the parties. IN WITNESS WHEREOF, the parties hereto have agreed on this date and year first above written. By: Signature: Name: Title: City of Gardena ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By: Signature: Name: Title: City of Hawthorne City Attorney APPROVED AS TO FORM: Jack Ballas, Attorney -at -Law 26 CITY OF CARSON Jim Dear Mayor CITY OF HAWTHORNE Jaq Pathirana City Manager EXHIBITS Exhibit A Statement of Work - Adult Exhibit Al Statement of Work- Youth Services Exhibit A2 Statement of Work - Rapid Response Exhibit B City of Carson Grant Summary Exhibit C Budget Summary Forms Exhibit D Common Measures Performance Exhibit E General Provisions Exhibit F Consultants 27 ►�1 STATEMENT OF WORK Adult Program Services Purpose EXHIBIT A The American Recovery and Reinvestment Act (Recovery Act), signed into law on February 17, 2009, is intended to "preserve and create jobs, promote the nations economic recovery and to assist those most impacted by the recession". The Recovery Act provides funds to serve adults and dislocated workers in the South Bay Workforce Investment Area (SBWIA). The following guidelines are established to ensure maximum use of funds to those most in need It is the intent of the Recovery Act that WIA Adult funds be used to provide necessary service to substantially increased numbers of adults to support their entry or reentry into the job market. The following guidelines are established to ensure maximum use of funds to those most in need: Geographic Area Carson Target Population/Eligibility Services will be targeted to Adults— General Eligibility: Birth Date/Age U.S. Work Authorization; and Selective Service Registrant (male only) General Guidelines In utilizing the funding in the Recovery Act, federal, state, and local levels of the workforce system must be guided by four principles: • Transparency and accountability in the use of Recovery Act Funding; • Timely spending of the funds and implementation of activities; • Increasing workforce system capacity and service level; and • Using data and workforce information to guide strategic planning and service delivery All One -Stop Centers and Affiliates staff should be familiar with TEGL No. 14-08. WIA Adult Program 28 Priority Use of Funds for WIA Adults Priority use of the Recovery Act funds shall be for services to recipients of public assistance and other low-income individuals as described in WIA section 134(d)(4)(E). Priority will be also be given to veterans and eligible spouses as outlined under the Jobs for Veteran Act. Allowable Activities Recovery Act funds can be used on all activities specified under the WIA Adult program. To maximize the reach of Adult formula funds, One -Stop Career Center/Affiliates should help eligible customers take advantage of the significant increase in Pell Grant funds also included in the Recovery Act. In addition to training services, these funds can also be used to support adult basic education training, including English as a second language. The Recovery Act specifically emphasizes the needs -related payments to ensure participants recgiving training. SBWIB Directive No, 05-04 needs related payments. The Recovery Act specifically emphasizes the needs -related payments to ensure participants receiving training. SBWIB Directive No, 05-04 needs related payments. authority to use these funds for supportive and have the means to pay living expenses while provides guidance on supportive services and authority to use these funds for supportive and have the means to pay living expenses while provides guidance on supportive services and Additional Guidance for WIA Adult and Dislocated Worker Programs Training Activities WIA Adult and Dislocated Workers funds provided in the Recovery Act can be used for the following training activities: 1) Individual Training Accounts; 2) Customized Training; 3) On -the —job -training; 4) Contracts with institutions of higher education and other eligible training providers; 5) Contracts with community-based organizations for the provision of training; and 6) Registered apprenticeship. Exit Other Than Placement: 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 exited and, if possible, an exit interview conducted prior to exit. The purpose of this interview shall be to counsel participant about other agencies and resources, which may be of assistance. Contractor shall retain a written record of exit counseling in the participant's file, including specific reasons for exit and any disciplinary action taken, if any. Follow- up Services: Contractor shall make available follow-up services to all participants in workforce investment activities authorized under Title I of WIA who are placed in unsubsidized employment, and monitor the retention status and progress made for not less than12 months after the first day of employment. If a participant leaves a job at any time after placement within 29 IN the twelve-month follow-up period and remains able to work, the Contractor shall seek subsequent job placement(s) for the participant. Provision of Support Services: Contractor shall inform and provide or arrange for the provision of, services to eligible WIA participants that will enable them to participate in WIA Title I activities within funding availability and budget limitations. Supportive services shall only be provided to individuals who are participating in core, intensive or training services and unable to obtain supportive services through other programs providing such services. Contractor shall be responsible for the selection of vendors, administration, payment and documentation of costs incurred for supportive services. Payment records, by participant, must be complete and readily available for monitoring or audit reviews. Contractor shall also document supportive services provided with non -City WIA funds. The Contractor's supportive services shall include at a minimum transportation, healthcare, family care, child care, commuting assistance and financial and personal counseling, linkages to community services, assistance with housing costs, assistance with uniform or other appropriate work attire and work related tool costs. 30 STATEMENT OF WORK Youth Services Purpose EXHIBIT Al The American Recovery and Reinvestment Act (Recovery Act), signed into law on February 17, 2009, is intended to "preserve and create jobs, promote the nations economic recovery and to assist those most impacted by the recession". The Recovery Act provides funds to serve youth in the South Bay Workforce Investment Area (SBWIA). The following guidelines are established to ensure maximum use of funds to those most in need. Geographic Area Gardena Eligibilitv An eligible youth is defined, under WIA sec. 101(13), as an individual who: X Is between the ages of 14-24 years of age; (Recovery Act Funds Only) X Is a low income individual, as defined in the WIA section 101 (25) X Resides in the local workforce investment area; and X Fall within one or more of the following categories: Deficient in basic literacy skills School dropout; Homeless, runaway, or foster child; Pregnant or parenting; Offender; Is an individual that requires additional assistance to complete an educational program or to secure and hold employment. This category includes: individuals with disabilities; individuals with limited English proficiency; individuals deficient in occupational skills; youth identified as "at risk" by the local education agency; individuals with a family history of chronic unemployment; an individual or a member of a family, that has been determined eligible to receive Federal, State, or local public assistance within the last six months. General Guidelines All One -Stop Centers and Affiliates staff should be familiar with TEGL No. 14-08. Any youth activities under WIA are allowable activities for the Recovery funds. Unless otherwise stated in this agreement, the laws and regulations for WIA Youth funds apply to the Recovery Act funds. 31 Participants will not exceed 160 hours of work experience. Participants are paid minimum wage according to California Labor Code (Section 1182.11) for participation in the program, which for the current year is $8.00. The slot cost for this program is $1,500. Priority Use of Funds Priority must be given to youth in families receiving public assistance and other low-income individuals. In addition, priority is given to veteran's age 21 to 24 and eligible spouses under the Jobs for Veterans Act. Contractor is encourage to focus services on the youth most in need including: out-of-school youth and those most at risk of dropping out, youth in and aging out of foster care, youth offenders and those at risk of court involvement, homeless and runaway youth, children of incarcerated parents, migrant youth, Indian and Native American youth, and youth with disabilities. Expenditures of Funds The funding allocation period is February 17, 2009 to June 30, 2010. 30% of youth funds allocated must be spent on out of school/older youth, 18 — 24 years of age. In order to maximize the impact of funding, the SBWIB requires that 100% of younger youth funds, youth 14 — 17 and a minimum of 80% of older/out of school youth funds, 18 — 24 years of age, be spent on summer employment opportunities, May 1, 2009 — September 30, 2010. Up to 20% of older/out-of-school youth funds may be spent on work experience, training and other age appropriate WIA youth activities, between October 1, 2009 and June 30, 2010. Summer Employment For the purposes of the Recovery Act funds, the period summer of "summer" will be from May 1 through September 30. "Summer Employment" may include any set of allowable WIA Youth services that occur during the above reference summer months as long as it includes a work experience component. Work experience is defined under WIA Regulations at 20 CFR 664.460. Contractor's Enrollment Goals As outlined in the expenditure guidelines, 100% of younger youth, 14 — 24 years of age, and a minimum of 80% of older/out-of-school youth, 18 — 24 of age, must be enrolled in summer employment opportunities from May 1, 2009 to September 30, 2009. Up to 20% of older/out of school youth, 18 — 24 years of age may be enrolled in work experience in the non -summer months and other WIA activities from October 1, 2009 to June 30, 2010 (see performance auidelines below). 32 Older Younger Out of City Youth School Total 14-17 Youth 18-24 Carson 75 32 107 32 Performance The Work Readiness portion of the skill attainment rate will be the only performance indicator for youth enrolled in summer employment opportunities, from May 1 through September 30. No other WIA or common measure indicator will be required. Performance for youth enrolled in activities other than summer employment after September 30, 2009, will be measured under WIA common measures. In order to ensure attainment of the Work Readiness skill attainment rate for youth enrolled in summer employment opportunities, youth must complete Blueprint for Workplace Success Summer Work Readiness training (20 hours minimum), including completion of the Blueprint pre and post test to determine work readiness. . Use of any other work readiness or pre- employment training curriculum is not authorized. Youth may post test at completion of Blueprint training or at completion of summer work experience in order to determine the Work Readiness skill attainment rate. Participants will not be paid a wage or stipend for participation in Blueprint Work Readiness training. All youth must be pre and post tested to determine Work Readiness. Program Design Because all 10 program elements are already available through existing WIA Youth funds, the Contractor will not be required to use Recovery Act funds to make all 10 program elements available. The summer employment opportunities will have the following design elements: 33 Objective Assessment and Individual Service Strategies (ISS) - A full objective assessment and comprehensive ISS will not be required for youth served only during the summer months. However, all in -school youth must provide a copy of their most recent report card in order to determine basic academic skills and barriers. In addition, all youth will be required to complete the True Colors career interest and assessment by completion of Blueprint Work Readiness Training. The above information will be documented on the ISS provided by the SBWIB. 2. Work Experience — All participants enrolled in summer employment opportunities must complete 160 hours of work experience, except when the participant is enrolled in work experience linked to classroom training for development of academic or occupational skills. In the case where the participant is combining work experience and classroom training, Participants should be matched to a worksite linked to the classroom training and based upon interest and goals as documented in the ISS. Work experience activities may be structured where the learning of work readiness skills is acquired on the job (especially for older youth who posses necessary academic skills). Work experience must be meaningful and should be structured to impart measurable communication, interpersonal, decision-making, and learning skills and should be age-appropriate. 3. Worksites — Public sector, private sector, and non-profit worksites are allowable according to the following guidelines: 34 • Youth, 14 — 24 years of age may be placed in public and non-profit worksites only. Worksite Supervisors are required to complete a bi-weekly evaluation of each participant progress toward attainment of work readiness goals. The evaluation may be included in the timecard or a separate evaluation. • Youth, 16 — 24 years of age may be placed in private sectors worksites a) if the worksite experience is linked to classroom instruction or occupational skills training; and/or 2) if the worksite experience incorporates the following work -based learning activities during the course of the work experience: ■ Establishment of a Summer Training Plan that identifies specific and age-appropriate occupational skill attainment goals; ■ Conduct bi-weekly meeting with the Worksite Supervisor to review the participant's progress in achieving the goals as outlined in the Training Plan; ■ Completion of a minimum of two (2) job shadows and informational interviews, in departments other than where the youth's work experience occurs. , ■ Private sector worksites must ensure that placement does not unfavorably impact current employees, does not impair existing contracts for services or collective bargaining agreements, and does not replace laid off workers. Work experience should be intended to increase work readiness skills and not impact the profit margin of a for-profit company. In selecting worksites, the Contractor shall have a Pre -Placement Worksite Evaluation Form on file for each worksite, as well as documentation that they have the following: 4. Classroom Training — Placement in classroom training may be made only in courses or programs that are currently on the I -TRAIN. Contracts with higher education, public institutions (i.e. community colleges and universities) for classroom training may be made with prior approval by the SBWIB, Executive Director. 5. Provided Supervisor Orientation All Worksite Supervisors must complete a Supervisor's Orientation before youth may be placed at the worksite. The Orientation must review child labor laws, safety regulations, timecard pickup and participant evaluation procedures, participant dress code and code of conduct and all other program guidelines and procedures (Contractors will be provided with a Supervisor's Orientation Handbook). 6. Executed Worksite Agreement Develop and maintain, in written form, a signed agreement with the worksite agency in a form acceptable to the SBWIB, which set forth, in understandable language, the operational specifics of the worksite agreement, the mutual responsibilities of site supervisor and the Contractor, and the program procedures to be followed. This agreement shall be signed by both parties and maintained on file by your agency with a copy at the worksite. EXHIBIT A2 STATEMENT OF WORK Rapid Response Activities Funding Amount for Rapid Response Activities is $25,000. Brief Description of Services to be provided Contractor may use Rapid Response funds to support the following activities: • Provide businesses and affected employees with appropriate and relevant information materials regarding rapid response activities and services; • Delivering/mailing Rapid Response information materials; • Attending Regional Roundtable; • Attending conferences; • Reaching out to businesses; • Enabling participants to register with One -Stop Center on-site; • Participation in business associations (such as chambers of commerce); joint labor management committees, labor associations, and resources centers; • Contacts with potential employers for the purpose of placement of WIA participants; and • Other allowable rapid response activities. (20 CFR, Part 665 and WIAD 05- 18) Invoicing It is important that rapid response expenditures be tracked carefully and that supporting documentation accompanies each invoice to avoid disallowed costs. The following documents are required with each invoice, if applicable. • Timesheets for staff performing rapid response services • List of activities performed • Rent based on rapid response activities/services • E-mails, correspondence, phone logs, etc. • Other expenditures as determined by the SBWIB Fiscal Unit 35 0 EXHIBIT B CITY OF CARSON GRANT SUMMARY PY 08-09 (The Recovery Act Funds) Grant Descriptions Amount WIA Adult Program $106,058` WIA Youth Program $229,267** Rapid Response $25,000 New Funding Amounts $360,325 *50% of Adult funds are to be used for training services. **Staff cost for the Youth Program is $68,780 PARTICIPANT ENROLLMENTPLAN WIA Program Enrollment Plan Adult 13 Youth 107 Adult Cumulative Enrollment Plan by Quarter 06/09 9/09 12/09 3/10 3 6 9 13 36 EXHIBIT D COMMON MEASURES PERFORMANCE These common measures are based on the current 8th year common measures performance standards; therefore these common measure performance standards are subject to change based on the new 91h year performance standards. Any youth served with only Recovery Act funds that participates in summer employment only will only be included in the Youth Recovery Act report and the work readiness indicator will be the only measure that applies to such youth. fL� EXHIBIT E GENERAL PROVISIONS Contractor hereby assures that in administering this Agreement, it shall comply with the standards of conduct hereinafter set out, for maintaining the integrity of the project and avoiding any conflict of interest in its administration. General Assurance. Every reasonable course of action shall be taken by the Contractor in order to maintain the integrity of this expenditure of public funds and to avoid any favoritism, questionable or improper conduct. This Agreement shall be administered in an impartial manner, free from personal, financial or political gain. The Contractor, its executive staff and employees, in administering the Agreement, shall avoid situations, which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain. Nondiscrimination. Prohibition of Discrimination Regarding Participation Benefits and Employment No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Prohibition on Assistance for Facilities for Sectarian Instruction or Religious Worship Participants shall not be employed under this title to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place of religious worship. Prohibition on Discrimination on Basis of Participant Status No person may discriminate against an individual who is a participant in a program or activity that receives funds under this Title with respect to the terms and conditions affecting the rights provided to the individual solely because of the status of the individual as a participant. Prohibition on Discrimination Against Certain Non Citizens Participation in programs and activities or receiving funds under this Title shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, parolees, and other immigrants authorized by the Attorney General to work in the United States. Avoidance of Conflict of Economic Interest. An executive or employee of the Contractor, an elected official in the area of a member of the South Bay Workforce Investment Board (SBWIB), shall not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by 11 the Contractor or Sub -contractor. Supplies, materials, equipment or services purchased with subgrant funds shall be used solely for purposes allowed under this Agreement. No member of the SBWIB shall cast a vote on the provision of services by that member (or any organization which that member represents) or vote on any matter, which would provide direct financial benefit to that member of any business or organization, which the member directly represents. Avoidance of Sectarian Activities. The Contractor certifies that this Agreement does not provide for the advancement or aid to any religious sect, church, creed or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church or sectarian denomination whatever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of Church and State. Unallowable Activities and Costs. Contractor will comply with the guidelines per 20 CFR Part 652, WIA Final Rule, August 11, 2000, regarding unallowable activities and costs or compensation may be disallowed. The following activities and costs, among others, are specifically unallowable: Public Service Employment: No funds will be used under this Agreement for public service employment, subsidized employment with public and non-profit employers providing public services, except to provide disaster relief employment as specifically authorized in Section 173(d), (WIA SEC. 195(10). Sectarian Activities: The employment or training of participants to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious work activities is prohibited. 3. Political Activities: No financial assistance may be provided for any program, which involves political activities. 4. Maintenance of Effort: ' 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) any currently employed employee (as of the date of the participation) 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. C. No participant shall be employed or job opening filled when (1) any other individual is on layoff from the same or any substantially equivalent job, or (2) 40 the employer has terminated the employment with the intention of filling the 8 vacancy so created by hiring a participant whose wages are subsidized under this Agreement. d. No jobs shall be created in a promotional line that will infringe in anyway upon the promotional opportunities of currently employed individuals. 5. Any funds received by agencies or individuals may not be used to assist, promote, or deter unionization. 6. No funds provided under WIA 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 funded under this WIA. 8. Davis Bacon wages shall be paid to participants employed as laborers or mechanics by contractors, or Contractors, when working in construction which is assisted under the Act and which is related to a building used for WIA 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 absence of such funds. 10. No funds shall be used for the encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location or to assist in relocating establishments, or part of a business that has relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his or her jobs at the original location. 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 likely to achieve the workforce investment area's performance goals. 12. No funds shall be used for employment generating activities. 13. Incumbent Employee: No funds shall use on wages of incumbent employees during their participation in economic development activities provided through a statewide workforce investment system, (WIA sec 181(b)(1)). UNDERSTANDINGS A. Contractor understands that this Agreement is a cost reimbursement contract. 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 participants' training and placement is assumed. 41 D. Contractor understands that SBWIB staff is charged with tracking and reporting on compliance and performance of all Agreements to the SBWIB and/or designated committees. The staff 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 City's on-site monitoring shall, if applicable, include a review of the financial assistance awards list to find WIA enrollees and to identify possible WIA training fund overpayments in order to recover funds from training institutions that received education assistance program funds on behalf of WIA participants. G. Contractor understands that all costs paid out for a participant who is enrolled without City's written authorization prior to enrollment who is found to be ineligible, and an costs associated with services provided under this Agreement found to be disallowed in an audit, shall be the sole responsibility of the Contractor. The City or SBWIB will withhold amounts owed the debtor for past services or other considerations already provided in satisfaction of the debt owed, or use any repayment method identified in the SBWIB debt collection policy. H. 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, 42 During the performance of this Agreement, the Contractor, Subgrantee and its subcontractees shall not deny the Subgrants benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, or political affiliation, nor shall they discriminate unlawfully against any employee or applicant for employment because 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. Contractor will administer its programs under the Workforce Investment Act (WIA) in full compliance with safeguards against fraud, abuse and criminal activity as set forth in WIA Directives. 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 City within 24 hours of discovery in accordance with requirements and procedures contained in 20 CFR Section 667.630. Contractor shall provide evidence of notification to employees and participants of policies and reporting procedures concerning fraud, abuse and criminal activity. M EXHIBIT F CONSULTANTS In the event that Contractor shall enter into consultant and/or professional service subagreements for any services provided under this Agreement, the parties to any such subagreements, and the services they are to provide, shall be identified below. Contractor shall provide City with current copies of any consultant and/or professional services agreements with the individuals listed below. Said agreements shall specify compliance with terms and conditions of the primary agreement with City of Hawthorne. Adjustments to this Exhibit may be made by approval of the City Attorney without amendment, however, prior to any change in, or additions to, the list of consultants contained herein, Contractor shall notify City and provide copies of sub -agreements and other required documents. Consultants performing services which may involve driving must provide evidence of insurance (insurance certificates) at the level required and with additional insured endorsements. CONSULTANT SERVICES TO BE PERFORMED 43