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:
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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.
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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.
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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
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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.
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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.
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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
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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.
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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,
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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 -
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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:
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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.
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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:
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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
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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:
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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
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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
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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.
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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
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"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)).
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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
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(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.
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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
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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
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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
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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
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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
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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