File #: 10-894    Name:
Type: Minutes Status: Passed
File created: 7/27/2010 In control: Board of Supervisors
On agenda: 7/27/2010 Final action: 7/27/2010
Title: a. Approve the extension of the Workforce Investment Act (WIA) Title I Adult subcontracts with Shoreline Workforce a. Approve the extension of the Workforce Investment Act (WIA) Title I Adult subcontracts with Shoreline Workforce
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Agreement No. A-11807 - Shoreline Workforce Development Svcs, 4. Agreement No. A-11809 - Arbor Career Center, 5. Agreement No. A-11808 - Turning Point of Central California, Inc.

 

 

 

 

 

 

 

 

 

 

COMPLETED BOARD ORDER�"��51

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No: A  11807; A  11808; A  11809

a. Approve the extension of the Workforce Investment Act WIA) Title I Adult

subcontracts with Shoreline Workforce Development Services and Turning Point of

Central California, in the amount of $881,250 for the period of July 1, 2010 through

June 30, 2011;

b. Approve the extension of the Workforce Investment Act WIA) Title I Adult

subcontract with Arbor Career Center, in the amount of $18,750 for the period of July 1,

2010 through July 31, 2010; and

c. Authorize the Director of the Department of Social & Employment Services, or his

designee, to sign up to three 3) amendments to this agreement, where the total

amendments do not exceed ten percent 10%), and do not significantly change the scope

of work.

Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those

members present, the Board hereby:

a. Approved the extension of the Workforce Investment Act WIA) Title I Adult subcontracts

with Shoreline Workforce Development Services A-11807) and Turning Point of Central

California A-11808), in the amount of $881,250 for the period of July 1, 2010 through June

30, 2011;

b. Approved the extension of the Workforce Investment Act WIA) Title I Adult subcontract

with Arbor Career Center A-11809), in the amount of $18,750 for the period of July 1, 2010

through July 31, 2010; and

c. Authorized the Director of the Department of Social & Employment Services, or his

designee, to sign up to three 3) amendments to this agreement, where the total amendments

do not exceed ten percent 10%), and do not significantly change the scope of work.

PASSED AND ADOPTED this 27th day of July, 2010, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter

NOES: None

ABSENT: None

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in

the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.

Dated: July 28, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

By

Deputy

 

 

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SIGNED BOARD REPORTX��"��4 MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: July 27, 2010 AGENDA NO.: Consent(

SUBJECT: a. Approve the extension of the Workforce Investment Act WIA) Title I Adult

subcontracts with Shoreline Workforce Development Services and Turning Point of

Central California, in the amount of $881,250 for the period of July 1, 2010 to June 30,

2011;

b. Approve the extension of the Workforce Investment Act WIA) Title I Adult

subcontract with Arbor Career Center, in the amount of $18,750 for the period of July

1, 2010 to July 31, 2010; and

c. Authorize the Director of the Department of Social & Employment Services, or his

designee, to sign up to three 3) amendments to this agreement, where the total

amendments do not exceed 10%, and do not significantly change the scope of work.

DEPARTMENT: Social and Employment Services, Workforce Investment Board

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Approve the extension of the Workforce Investment Act WIA) Title I Adult subcontracts with

Shoreline Workforce Development Services and Turning Point of Central California, in the amount of

$881,250 for the period of July 1, 2010 to June 30, 2011;

b. Approve the extension of the Workforce Investment Act WIA) Title I Adult subcontract with Arbor

Career Center, in the amount of $18,750 for the period of July 1, 2010 to July 31, 2011; and

c. Authorize the Director of the Department of Social & Employment Services, or his designee,

to sign up to three 3) amendments to this agreement, where the total amendments do not

exceed 10%, and do not significantly change the scope of work.

SUMMARY:

The Monterey County Workforce Investment Board WIB), at its June 2, 2010 meeting,

recommended approval of the extension of existing WIA Title I Adult subcontracts. The

contracts provide for an extension of up to two years beyond the initial one-year contract period

pending acceptable contract performance. The first year award ends June 30, 2010. This

recommendation requests approval to extend Shoreline Workforce Development Services and

Turning Point of Central California for a second year, starting July 1, 2010. Additionally, the

WIB recommended approval of the extension of Arbor Career Center's subcontract for the

period of one month from July 1, 2010 through July 31, 2010.

DISCUSSION:

The County approved the issuance of a WIA Title I Adult Request for Proposals RFP) #10195

in the amount of $1,000,000 for services to prepare eligible adults for participation in the local

labor force through the utilization of On-the-Job Training contracts, beginning July 1, 2009. The

RFP that was issued resulting in these awards specified that the contracts may be extended on an

annual basis for no more than two 2) subsequent years, based upon the contractors meeting the

state and local performance goals, adherence to current WIA legislation and local policies, and

upon the availability of WIA funds.

Shoreline Workforce Development Services, Turning Point of Central California and Arbor

Career Center were each awarded a contract for WIA Title I Adult OJT services by the WIB and

Board of Supervisors on June 23, 2009. The term On-the-Job Training OJT) means training by

an employer that is provided to a paid participant while engaged in productive work in a job.

Additionally, supportive services for transportation, childcare and other WIA allowable costs

shall be provided, as necessary, to each participant enrolled into the OJT program activity.

 

 

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SIGNED BOARD REPORTX��"��S.

Services will be targeted to WIA eligible Monterey County adults 18 years of age and older)

who face multiple barriers to employment, are low income based on the Lower Living Standard

Income Level LLSIL) guidelines, and are included in one or more of the following categories:

a) individuals with substantial language or cultural barriers; b) offenders; c) homeless; and or d)

other hard-to-serve-populations. Within these groups, the services are to be targeted as follows:

homeless 5%; ex- offenders 20%; disabled 16%; Ca1WORKs recipients 12%; veterans 10%;

older workers 5%; high school dropouts 20%; and limited English 10%.

The subcontractors are approaching the end of their first year contract. The WIB is

recommending a second one-year extension for Shoreline and Turning Point's subcontracts,

which will expire June 30, 2011. The terms and conditions of this extension are consistent with

the initial RFP. Additionally, the WIB recommended approval of the extension of Arbor Career

Centers subcontract for the period of July 1, 2010 through July 31, 2010 one month) to allow

Arbor to close out operations and provide follow-up services. This recommendation for Arbor

excludes new enrollments and focuses solely on follow-up and the transition of program services

to the active WIA Adult OJT subcontractors for any individuals that continue to need services

after July 31, 2010.

The funding for each subcontractor and the number of adults to be served is reflected in the chart

set forth below.

Adult Subcontractors Recommended

Subcontract $ OJT Set

Aside $ Total Funds to be

Committed $ # of OJT to

be served

1. Shoreline Workforce Development

Services $319,000 $116,000 $435,000 58

2. Turning Point of Central CA $365,925 $80,325 $446,250 60

3. Arbor, Inc. $18,750 0 $18,750 0

Total $703,675 $196,325 $900,000 118

OTHER AGENCY INVOLVEMENT:

County Counsel, the Auditor-Controller, and Purchasing have reviewed and approved these

contracts.

FINANCING:

All funds involved in this plan are furnished by the Federal Government under the WIA and will

be dispensed to the County by the State of California. There is no impact on the Monterey

County General Fund.

Prepared by: Apprq~ned b

/!

 

Loyar}fie Flinn Elliott Robinson

Act' g WIB Director Director, DSES

831-759-6644 831-755-4434

Date: 6/28/10 LF:mle

Attachments: Original attachments are on file with the Clerk to the Board's Office.

 

 

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AGREEMENT NO. A-11807 - SHORE��'COUNTY OF MON REY AGREEMENT FOR PROFESSIONAL SERVICES

MORE THAN $100.000)X

This Professional Services Agreement Agreement") is made by and between the County of Monterey, a

political subdivision of the State of California hereinafter County") and:

Goodwill Industries of Santa Cruz,/Monterey/SanLuis Obispo DBA Shoreline Workforce Development Svcs

hereinafter CONTRACTOR").

In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as

follows:

1. SERVICES TO BE PROVIDED. The County hereby engages CONTRACTOR to perform, and

CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of

this Agreement. The services are generally described as follows:

Provide core, intensive, on-the-job training OJT) for disadvantaged adults. In addition to $319,000_to the

contractor, this agreement specifies that $116,000 be retained by the County for disbursement to Employers

for OJT contracts.

2. PAYMENTS BY COUNTY. County shall pay the CONTRACTOR in accordance with the payment

provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement:`- The tote amount

payable by County to CONTRACTOR under this Agreement shall not exceed the sum as 435,000

3. TERM OF AGREEMENT. The term of this Agreement is from July 1, 20FU'~. to

June 30, 2011  unless sooner terminated pursuant to the terms of this Agreement. This

Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing

last, and CONTRACTOR may not commence work before County signs this Agreement.

4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated herein by

reference and constitute a part of this Agreement:

Exhibit A Scope of Services/Payment Provisions

Exhibit B Line Item Budget Exhibit F Lobbying Certification

Exhibit C Performance & Enrollment Goals Exhibit G Drug-Free Workplace Certification

Exhibit D Other Terms and Conditions Exhibit H Debarment Certification

Exhibit E WIA General Assurances Exhibit I Nondiscrimination Assurance

5. PERFORMANCE STANDARDS.

5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees, and

subcontractors performing services under this Agreement are specially trained, experienced, competent, and

appropriately licensed to perform the work and deliver the services required under this Agreement and are not

employees of the County, or immediate family of an employee of the County.

5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and

skillful manner and in compliance with all applicable laws and regulations. All work performed under this

Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in

accordance with such licensing requirements.

*Approved by County Board of Supervisors on July 27, 2010

PSA over $100,000, Revised 10/09/08 1 of 9 Project ID: Shoreline WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11807 - SHORE��'5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary

to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR

shall not use County premises, property including equipment, instruments, or supplies) or personnel for any

purpose other than in the performance of its obligations under this Agreement.

6. PAYMENT CONDITIONS.

6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to

County. If not otherwise specified, the CONTRACTOR may submit such invoice periodically or at the

completion of services, but in any event, not later than 30 days after completion of services. The invoice shall

set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for

the amounts claimed, and such other information pertinent to the invoice as the County may require. The

Contract Administrator or his or her designee shall certify the invoice; either in the requested amount or in such

other amount as the County approves in conformity with this Agreement, and shall promptly submit such

invoice to the County Auditor-Controller for payment. The County Auditor-Controller shall pay the amount

certified within 30 days of receiving the certified invoice.

6.02. CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in this

Agreement.

7. TERMINATION.

7.01. During the term of this Agreement, the County may terminate the Agreement for any reason by

giving written notice of termination to the CONTRACTOR at least thirty 30) days prior to the effective date of

termination. Such notice shall set forth the effective date of termination. In the event of such termination, the

amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of

termination.

7.02. The County may cancel and terminate this Agreement for good cause effective immediately upon

written notice to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the

required services at the time and in the manner provided under this Agreement. If County terminates this

Agreement for good cause, the County may be relieved of the payment of any consideration to

CONTRACTOR, and the County may proceed with the work in any manner, which County deems proper. The

cost to the County shall be deducted from any sum due the CONTRACTOR under this Agreement.

8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the County, its

officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever

including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees)

occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services,

materials, or supplies in connection with the performance of this Agreement, and from any and all claims,

liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death

arising out of or connected with the CONTRACTOR's performance of this Agreement, unless such claims,

liabilities, or losses arise out of the sole negligence or willful misconduct of the County. CONTRACTOR's

performance" includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's

officers, employees, agents and subcontractors.

PSA over $100,000, Revised 10/09/08 2 of 9 Project ID: Shoreline WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11807 - SHORE��'9.0 INSURANCE.

9.01 Evidence of Coverage:

Prior to commencement of this Agreement, the Contractor shall provide a Certificate of

Insurance" certifying that coverage as required herein has been obtained. Individual endorsements

executed by the insurance carrier shall accompany the certificate. In addition the Contractor upon

request shall provide a certified copy of the policy or policies.

This verification of coverage shall be sent to the County's, Contracts/Purchasing Department,

unless otherwise directed. The Contractor shall not receive a Notice to Proceed" with the work

under this Agreement until it has obtained all insurance required and such, insurance has been

approved by the County. This approval of insurance shall neither relieve nor decrease the liability

of the Contractor.

9.02 Qualifying Insurers:

All coverage's, except surety, shall be issued by companies which hold a current policy holder's

alphabetic and financial size category rating of not less than A- VII, according to the current

Best's Key Rating Guide or a company of equal financial stability that is approved by the

County's Purchasing Manager.

9.03 Insurance Coverage Requirements:

Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall maintain in effect

throughout the term of this Agreement a policy or policies of insurance with the following

minimum limits of liability:

Commercial general liability insurance, including but not limited to premises and operations,

including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability,

Broadform Property Damage, Independent Contractors, Products and Completed Operations, with

a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per

occurrence.

 Exemption/Modification Justification attached; subject to approval).

Business automobile liability insurance, covering all motor vehicles; including owned, leased,

non-owned, and hired vehicles, used in providing services under this Agreement, with a combined

single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.

 Exemption/Modification Justification attached; subject to approval).

Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this

Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability

limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each

disease.

 Exemption/Modification Justification attached; subject to approval).

PSA over $100,000, Revised 10/09/08 3 of 9 Project ID: Shoreline WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11807 - SHORE��'Professional liability insurance, if required for the professional services being provided, e.g.,

those persons authorized by a license to engage in a business or profession regulated by the

California Business and Professions Code), in the amount of not less than $1,000,000 per claim

and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in

the course of rendering professional services. If professional liability insurance is written on a

claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the

expiration or earlier termination of this Agreement, obtain extended reporting coverage tail

coverage") with the same liability limits. Any such tail coverage shall continue for at least three

years following the expiration or earlier termination of this Agreement.

 Exemption/Modification Justification attached; subject to approval).

9.04 Other Insurance Requirements.

All insurance required by this Agreement shall be with a company acceptable to the County and

issued and executed by an admitted insurer authorized to transact Insurance business in the State

of California. Unless otherwise specified by this Agreement, all such insurance shall be written on

an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the

coverage required herein shall continue in effect for a period of three years following the date

CONTRACTOR completes its performance of services under this Agreement.

Each liability policy shall provide that the County shall be given notice in writing at least thirty

days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non-

renewal thereof. Each policy shall provide coverage for Contractor and additional insureds with

respect to claims arising from each subcontractor, if any, performing work under this Agreement,

or be accompanied by a certificate of insurance from each subcontractor showing each

subcontractor has identical insurance coverage to the above requirements.

Commercial general liability and automobile liability policies shall provide an endorsement

naming the County of Monterey, its o ffacers, agents, and employees as Additional Insureds with

respect to liability arising. out of the CONTRACTOR'S work includinE ongoing and completed

operations, and shall further provide that such insurance is primary, insurance to any insurance or

self-insurance maintained by the County and that the insurance of.the Additional Insureds shall

not be called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The

required endorsement form for Commercial General Liability Additional Insured is ISO Form CG

20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 2000). The required

endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.

Prior to the execution of this Agreement by the County, CONTRACTOR shall file certificates of

insurance with the County's contract administrator and County's Contracts/Purchasing Division,

showing that the CONTRACTOR has in effect the insurance required by this Agreement. The

CONTRACTOR shall file a new or amended certificate of insurance within five calendar days

after any change is made in any insurance policy, which would alter the information on the

certificate then on file. Acceptance or approval of insurance shall in no way modify or change the

indemnification clause in this Agreement, which shall continue in full force and effect.

PSA over $100,000, Revised 10/09/08 4 of 9 Project ID: Shoreline WIA OTT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11807 - SHORE��'CONTRACTOR shall at all times during the term of this Agreement maintain in force the

insurance coverage required under this Agreement and shall send, without demand by County,

annual certificates to County's Contract Administrator and County's Contracts/Purchasing

Division. If the certificate is not received by the expiration date, County shall notify

CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,

evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such

insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate

this Agreement immediately.

10. RECORDS AND CONFIDENTIALITY.

10.01 Confidentiality. CONTRACTOR and its officers, employees, agents, and subcontractors shall

comply with any and all federal, state, and local laws, which provide for the confidentiality of

records and other information. CONTRACTOR shall not disclose any confidential records or other

confidential information received from the County or prepared in connection with the performance

of this Agreement, unless County specifically permits CONTRACTOR to disclose such records or

information. CONTRACTOR shall promptly transmit to County any and all requests for

disclosure of any such confidential records or information. CONTRACTOR shall not use any

confidential information gained by CONTRACTOR in the performance of this Agreement except

for the sole purpose of carrying out CONTRACTOR's obligations under this Agreement.

10.02 County Records. When this Agreement expires or terminates, CONTRACTOR shall return to

County any County records which CONTRACTOR used or received from County to perform

services under this Agreement.

10.03 Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and

records that may be required by federal, state, and County rules and regulations related to services

performed under this Agreement. CONTRACTOR shall maintain such records for a period of at

least three years after receipt of final payment under this Agreement. If any litigation, claim,

negotiation, audit exception, or other action relating to this Agreement is pending at the end of the

three year period, then CONTRACTOR shall retain said records until such action is resolved.

10.04 Access to and Audit of Records. The County shall have the right to examine, monitor and audit

all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors

related to services provided under this Agreement. Pursuant to Government Code section 8546.7,

if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this

Agreement may be subject, at the request of the County or as part of any audit of the County, to

the examination and audit of the State Auditor pertaining to matters connected with the

performance of this Agreement for a period of three years after final payment under the

Agreement.

10.05 Royalties and Inventions. County shall have a royalty-free, exclusive and irrevocable license to

reproduce, publish, and use, and authorize others to do so, all original computer programs,

writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature

produced in the course of or under this Agreement. CONTRACTOR shall not publish any such

material without the prior written approval of County.

PSA over $100,000, Revised 10/09/08 5 of 9 Project ID: Shoreline WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11807 - SHORE��'11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and its

subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,

sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age

over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of

services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and

applicants for employment and all persons receiving and requesting services are free of such discrimination.

CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all

federal, state, and local laws and regulations, which prohibit discrimination. The provision of services

primarily or exclusively to such target population as may be designated in this Agreement shall not be

deemed to be prohibited discrimination.

12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or

will be funded with monies received by the County pursuant to a contract with the state or federal

government in which the County is the grantee, CONTRACTOR will comply with all the provisions of said

contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said

provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County

will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.

13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this

Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as

an employee of the County. No offer or obligation of permanent employment with the County or particular

County department or agency is intended in any manner, and CONTRACTOR shall not become entitled by

virtue of this Agreement to receive from County any form of employee benefits including but not limited to

sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.

CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including

federal and state income taxes and social security, arising out of CONTRACTOR's performance of this

Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold County harmless

from any and all liability, which County may incur because of CONTRACTOR's failure to pay such taxes.

14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage

pre-paid mail to the County and CONTRACTOR'S contract administrators at the addresses listed below:

FOR COUNTY:

Loyanne Flinn, Acting WIB Executive Director

Name and Title

Monterey County Workforce Investment Board WIB)

730 La Guardia Street

Salinas, CA 93905

FOR CONTRACTOR:

John Collins, Senior Vice President

Name and Title

Goodwill Industries of Santa Cruz,/Monterey/SanLuis

Obispo DBA Shoreline Workforce Development Services

350 Encinal Street

Santa Cruz, CA 95060

Address

831) 759-6644

Address

Phone 831) 423-8611x223

Phone Phone

PSA over $100,000, Revised 10/09/08 6 of 9 Project ID: Shoreline WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11807 - SHORE��'15. MISCELLANEOUS PROVISIONS.

15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to

acquire any interest during the term of this Agreement, which would directly or indirectly conflict in

any manner or to any degree with the full and complete performance of the professional services

required to be rendered under this Agreement.

15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed

by the County and the CONTRACTOR.

15.03 Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed

by the County and the CONTRACTOR. A waiver of any of the terms and conditions of this

Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.

15.04 Contractor. The term CONTRACTOR" as used in this Agreement includes CONTRACTOR's

officers, agents, and employees acting on CONTRACTOR's behalf in the performance of this

Agreement.

15.05 Dis utes. CONTRACTOR shall continue to perform under this Agreement during any dispute.

15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its

interest or obligations in this Agreement'without the prior written consent of the County. None of the

services covered by this Agreement shall be subcontracted without the prior written approval of the

County. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the

performance of all requirements of this Agreement.

15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the

County and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be

binding upon and inure to the benefit of the parties and their respective successors, permitted

assigns, and heirs.

15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and

local laws and regulations in performing this Agreement.

15.09 Headings. The headings are for convenience only and shall not be used to interpret the terms of this

Agreement.

15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.

15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of

California.

15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR

expressly reserve the right to contract with other entities for the same or similar services.

PSA over $100,000, Revised 10/09/08 7 of 9 Project ID: Shoreline WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11807 - SHORE��'15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has fully

participated in the review and revision of this Agreement and that any rule of construction to the

effect that ambiguities are to be resolved against the drafting party shall not apply in the

interpretation of this Agreement or any amendment to this Agreement.

15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be

deemed an original, but all of which together shall constitute one and the same Agreement.

15.15 Authority. Any individual executing this Agreement on behalf of the County or the

CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter

into this Agreement on behalf of such party and bind the party to the terms and conditions of this

Agreement.

15.16 Integration. This Agreement, including the exhibits, represent the entire Agreement between the

County and the CONTRACTOR with respect to the subject matter of this Agreement and shall

supersede all prior negotiations, representations, or agreements, either written or oral, between the

County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the

County signs the Agreement.

15.17 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the

provisions of this Agreement and the Provisions of any exhibit or other attachment to this

Agreement, the provisions of this Agreement shall prevail and control.

This space left blank intentionally

PSA over $100,000, Revised 10/09/08 8 of 9 Project ID: Shoreline WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11807 - SHORE��                     'IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and

year written below.

COUNTY OF MONTEREY

By:

Date:

By:

pepartment Head if applicable).

IB

CONTRACTOR

Goodwill Industries

Contractor's Business

 

Signature of Chair; President, or

Vice lstesidern)*

 

 

1 Date:

me and l'ttle

N

a

 

 

gnature of Secretary, Asst. Secretary, CFO:,

Treasurer or Asst. Treasurer)*

 

Approved

 

Date:

Appro

By:

Date:

udi orf ontroiler

cd`as to Liability Provisions

County Board of Supervisors' Agreement Number:,

Name and Title-

*INSTRUCTIONS: If CONTRACTOR is'acorporation, iricluding.lirnited liability and non-profit corporations, the full

legal name of the corporation shall be set forth above together with the signatures of two specified officers. If

CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a

partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an

individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement,

Approval by County Counsel is required

Approval by Auditor-Controller is required

3Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9

PS4 over $100,000, Revised 10/09/08 9 of 9 Project ID: Shoreline WIA OJT Subcontract

PY 2010-11

t+e~ai,t/+r,e t~a-AliG� E' A+kiC:i y ael#N~`,~r

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AGREEMENT NO. A-11807 - SHORE��

'EXHIBIT A

SCOPE OF SERVICES/PAYMENT PROVISIONS

PROGRAM DESIGN NARRATIVE

1. TYPE OF PROGRAM AND ITS IMPLEMENTATION

Shoreline will serve 61 Intensive Service adult candidates, 58 of whom will participate in On-

the-Job Training OJT) programs.

TARGET POPULATION/GEOGRAPHIC GOALS to include general outreach &

recruitment)

Shoreline will target low-income individuals with significant barriers to employment, to include

participants in one or more of the following categories: a) substantial language and/or cultural

barriers; b) offenders; c) homeless; d) other hard-to-serve-populations. Consistent with contract

requirements, Shoreline intends to meet or exceed percentage targets within these groups:

 Homeless-5%

 Offenders-20%

 Individuals with Disabilities-16%

 TANF Recipients-12%

 Veterans-10%

 Older Workers-5%

 High School Dropout-20%

 Limited English Participants- 10%

Geographically, Shoreline will also target and serve specific regions of Monterey County in the

following proportions:

At a minimum, services will be targeted to specific geographic regions of Monterey County per

WIB Policy #2010-01, as identified below:

 North  10%

 Central  10%

 West  10%

 South-10%

North-In North County, our staff will network with the Watsonville Career Center One Stop

Center) to identify Monterey County residents in need of OJT services. Shoreline currently

houses staff at the center through a Ca1WORKS grant. We will seek eligible candidates who

meet one or more of the designated service population definitions and are WIA eligible.

On an as needed basis, Shoreline staff will provide onsite job placement workshop and

placement services through a variety of community based organizations located in the North

region of the county, particularly in Castroville, CA. Shoreline also plans on collaborating with

partner agencies to develop an action plan to meet the needs of this underserved community.

Page 1 of 11

 

 

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AGREEMENT NO. A-11807 - SHORE��
'Central-In Salinas our target populations will be both limited English and monolingual Spanish

speaking candidates, many of whom have limited basic skills and language deficits. We will also

assist single mothers TANF) with limited work experience and are in the need of an OJT

contract to obtain employment. As in the past, Shoreline will continue to offer placement and

OJT development services directly out of our Salinas Neighborhood Career Center for the Older

Worker population, many of whom are recently unemployed due to the downturn in the

economy. Universally, all residents of the Central area may take advantage of no-cost services

provided at the Salinas Neighborhood Career Center. These services include Internet access,

resume and application assistance, job leads, and workshops focusing upon interviewing, job

search, the job application, and job retention. Counselors from both mandated and non-mandated

One Stop partners will be welcome to use the facility.

Shoreline uses participant brochures in both Spanish and English to advertise our program and

copies will be distributed to various agencies, training sites, and public buildings throughout

Monterey County.

Through a collaborative effort with partner agencies CalWORKS and Turning Point), Shoreline

will also accept referrals for participants from contracted designated population groups, such as

Offenders and the Homeless, to receive OJT services.

West-In Marina and the Monterey Peninsula our target populations will be both WIA eligible

adults graduating from our Shoreline training programs and WIA eligible adult candidates

referred by either the Department of Rehabilitation DOR), the Seaside Ca1WORKS office, the

Veterans Transitional Center, and graduates from the Monterey Adult School, as well as walk

in" participants to the Marina Neighborhood Career Center. Many of these participants display

multiple barriers to employment, and are considered the most difficult to serve and require the

need of an OJT contract to find long term employment.

South-In South County we will work with the Soledad Adult School, through a formal

collaboration, and with other like minded agencies to identify both potential OJT participants and

employers. Shoreline staff will also work with selected South County customers who are willing

to work in the Salinas or Monterey areas, As the San Luis Obispo County One Stop Operator,

Shoreline will manage a One Stop Career Center in Paso Robles, CA; staff at the center will be

alerted to identify and refer candidates from the most southern areas of Monterey County for

potential OJT services.

High Risk/Multiple Barriers to Employment Populations-In an effort to generate more

contracts with the homeless population and individuals with substance abuse problems our job

placement specialists will continue to market and network with local agencies specializing in

these areas, such as the Sun Street Center and Dorothy's Kitchen. Also, utilizing expertise from

the Shoreline WEX program and the administration of an Employment Training Panel ETP)

Contract for at risk populations, Shoreline staff will identify potential participants from all four

areas of the county who are Offenders, High School Dropouts, and/or Individuals with

Disabilities.

COLLABORATION AND INTEGRATION WITH ONE STOP PARTNERS

Page 2 of 11

 

 

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AGREEMENT NO. A-11807 - SHORE��

'Shoreline will continue to play an active role in collaborating with partner agencies in the OJT

Program.

Adult Schools-Shoreline staff will provide regular on-site job search/preparation and OJT

development services to graduates of the Monterey and Soledad Adult/ROP facilities. This is a

continuation, of relationships that were developed over the last five program years providing

mutually beneficial vocational services to adult school participants. Periodically, the program

manager will meet with the directors of these schools to review and assess the effectiveness of

collaboration. The Salinas Adult School is also aware of our services, and as needed, Shoreline

staff will offer job development services directly out of our Salinas Neighborhood Career Center.

Partner Agencies-Shoreline will work closely with our partner agencies who deliver WIA Title

I Adult OJT services. Shoreline will refer candidates to a partner agency when their expertise

closely matches the interests of the individual candidate. Shoreline has already played a leading

role in developing a quarterly meeting of line level staff from Turning Point, Arbor, and the

Office for Employment Training OET) to discuss referrals and ongoing issues related to the

implementation of a seamless placement system in Monterey County.

Building upon a strong relationship as a past partner in the OJT program, Shoreline will

specifically collaborate with Turning Point to share resources and program information.

Shoreline will establish with Turning Point a cross referral system to match participants and

employers, based upon their employment needs. Shoreline and Turning Point understand that to

better serve the community and the unique needs of each prospective participant, communication

lines must be established between partner organizations. Collaboration with Turning Point is the

first step toward reaching this goal. Shoreline will also participate with Turning Point staff in

joint training/professional development opportunities related to the OJT program.

Government Agencies-Shoreline will work closely with county, state, and federal agencies

including the Department of Rehabilitation, the Employment Development Department, and the

Social Security Administration. In the past, we have worked with these agencies both in regard

to recruitment as well as to refer participants for special services specific to each agency.

Community Collaboration-For over 10 years Shoreline has served as a co-sponsor of the

Monterey County Job Fair each spring, as well as participating in selected job fairs throughout

the year. Shoreline is also an active member in professional groups and associations such as the

Monterey County Hospitality Association and the various chambers of commerce. Shoreline,

with a three county service area, anticipates participating in a number of WIA related regional

collaborations that will provide a number of opportunities to identify cross county referrals of

employers and potential participants from Monterey County who reside near the county lines of

both Santa Cruz and San Luis Obispo counties.

REFERRAL SYSTEM FOR INDIVIDUALS NOT ELIGIBLE FOR WIA ADULT

SERVICES

When Shoreline works with an individual whom is not WIA eligible, that candidate will be

referred to an appropriate agency for needed assistance. Typically, a staff member will directly

contact and, if required, complete a referral form to another program that best fits the individual's

Page 3 of 11

 

 

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WORK.-U012

 

 

AGREEMENT NO. A-11807 - SHORE��

'service needs. Follow up contact will be maintained with the parties to assure the participant

receives appropriate services.

Shoreline has worked with Shelter Plus, the Veteran Assistance Program, the Salvation Army,

Housing Advocacy, and the Catholic Charities of Monterey County for housing assistance. For

assistance obtaining food, Shoreline will refer individuals to the local food bank, local churches,

and other non-profit organizations who donate food items.

DEVELOPING OJT CONTRACTS

Shoreline will write 58 OJT`s in the 2010/2011 program year. Shoreline has developed a strong

employer network in all areas of the county, many of whom are repeat customers and look to

Shoreline as a solution to their training and employee retention needs. Shoreline maintains an

internal Outcome Measurement System to measure employer satisfaction. Based upon results

from this system, and documented by past WIB monitoring, Shoreline continues to enjoy an

overall high satisfaction rating from the majority of employers participating in the OJT program.

Many of these employers contact our agency to list and recruit for job openings and, as

appropriate, refer potential employees for evaluation and screening.

Shoreline networks with professional employer associations such as the Monterey County

Hospitality Association and the local chambers of commerce. These broader contacts provide a

more efficient and productive use of time and energy to generate employer interest in the OJT

program. Shoreline also capitalizes on business relationships generated by the Goodwill Board of

Directors to network with area employers.

All job placement specialists with Shoreline are required to perform cold calling" activities,

identifying and meeting with potential OJT employers. This activity is typically performed on a

daily basis depending upon individual productivity. Utilizing marketing materials, the specialist

will contact potential employers and set up onsite meetings with hiring contacts to explain the

benefits of the program. Due to our marketing efforts, Shoreline is able to target specific

employers that match a potential participant's employment background and needs.

Under this proposal, Shoreline will market to the small to mid-sized employer. Based upon

experience, these employers have responded and desired a strong OJT program. Shoreline uses

an in-house employer brochure that highlights the many benefits of this program for the target

employer group and how Shoreline can minimize employer risk in the hiring process. We also

develop employer testimonials to further limit potential concerns and answer practical questions

employers may have.

OJT PLACEMENT IN THE FIVE INDUSTRY SPECIFIC CLUSTER GROUPS

Shoreline will target 50% of OJT set aside funds towards developing contracts in the WIB

designated Five Industry Specific Cluster Groups: Agriculture, Tourism, Education,

Building/Design, and Health. Shoreline fur her understands that these contracts must be for

training specific to one or more of the 60 occupational titles distributed under each specific

industry grouping.

Page 4 of 11

 

 

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AGREEMENT NO. A-11807 - SHORE��'Health-Through the CNA Pipeline program, Shoreline has established partnerships with the

Salinas, Soledad, and Monterey CNA Adult School/ROP programs. To support these alliances,

Shoreline has built a network of employers in the South, West, and Central areas of the county

who are interested in both direct placement and OJT contracts for graduating students. Shoreline

plans on building upon these relationships for placements under the OJT contract. Our highest

employment group for program year 2009/2010 was in the Health industry.

Education-Likewise, our second strongest employment group in the last program year was

within the Education arena, particularly with day care and child care centers. We plan on

building upon an existing network with centers in the Central and West areas of the county to

introduce the OJT program into the South and North areas of the county.

Tourism-Shoreline is an active participant in the local hospitality association and offers a short

certificate program in Hospitality Management. Based upon this experience, we were able to

write a number of OJT's in the last four years of the contract with local hotels and resorts. For

the upcoming program year, our job placement specialists have identified several employers

within the Tourism industry who are willing to interview and hire prospective participants.

Agriculture-In an effort to reach the agricultural industry, our specialists will network and

distribute marketing materials to several North and South county area employers. In the past, we

have placed individuals under the Core designation into this industry. We plan on expanding

placement efforts to provide Intensive Services OJT contract) to eligible participants. We will

target higher paying occupations within this industry, such as accounting clerk and sales support

specialist.

Building/ Design-Shoreline's Marina facility is in close proximity to the site of the University

Village Development project, which recently reinitiated building following a period of

stagnation. Our specialists are aware of this potential resource for participants seeking

employment in the Building Design field. We are also in the process of identifying new

construction projects as potential work sites for qualified participants.

Under our ETP At Risk Youth ages 18-24) Contract, funds have been set aside to develop a

Green Jobs training program, focusing upon the Solar industry. Job Development staff will

collaborate with this program to identify local employers in this new industry.

NETWORKING PLAN TO INTERESTED EMPLOYERS See DEVELOPING OJT

CONTRACT & OJT PLACEMENT IN THE FIVE INDUSTRY SPECIFIC CLUSTER

GROUPS)

As noted, Shoreline job development specialists have developed and maintain a documented

network of employers in the Monterey County area whom are interested in contracting for OJT

services. A networking plan is established at the inception of the each program year contract,

based upon our Plan of Service, and revised as needed during the program year.

INTAKE/ELIGIBILITY ASSESSMENTS

Eligibility is determined by documentation provided by the candidate including supporting data

involving their right to work in the United States. Applicants must also meet the income

Page 5 of 11

 

 

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AGREEMENT NO. A-11807 - SHORE��'requirements for WIA Adult eligibility Currently at 150% of the LLSIL). Each applicant will

complete a Neighborhood Career Center application, which conforms to both the Technical

Assistance Guide TAG) and current WIB policies, to assist in determining their specific

employment needs, basic eligibility, and other services desired.

Consistent with WIA requirements, we will identify and document a candidate's self-sufficiency

needs, prior education, basic skill level, work skills and experience, barriers to employment, soft

skills or employability skills, career interests and aptitudes. Shoreline utilizes the TABE to

determine computation and verbal expression skills. We can also use the Prevaluate Internet

based testing program as a tool to determine specific technical skill levels. This program

evaluates a number of office related skills to include customer service, MS Office, typing speed,

and computer administration. This program can also be used to provide interested employers

with level of skill information concerning our OJT candidates.

If necessary, Shoreline will also utilize the services of other assessment facilities including

Monterey Peninsula College, Hartnell Community College, and our in house assessment

program in Santa Cruz.

WORKKEYS� ASSESSMENTS AND WORLDWIDE INTERACTIVE NETWORK

WIN) TRAINING

1. WorkKeys� Assessment Process: Shoreline agrees to assess prospective OJT participants

using the WorkKeys� Readiness Indicator tool to determine an individual's readiness for

WorkKeys� testing. Based upon testing results, Shoreline will refer the participant to

Worldwide Interactive Network WIN) remediation training. Upon completion of the OJT

contract, Shoreline will refer eligible participants to an Authorized WorkKeys� Location to

schedule an assessment. Those who master these assessments are eligible to receive a Career

Readiness Certificate administered through the Central Coast Career Readiness Consortium

lead by the Monterey County Business Council MCBC). Shoreline is also encouraged to

work with the Central Coast Career Readiness Consortium to access their WorkKeys�

assessment and WIN training sites to potentially allow for greater convenience for

participants and the OJT worksite.

2. Authorized WorkKeys� Locations: WorkKeys� assessments may be provided by

appointment through other partners of the Central Coast Career Readiness Consortium by

contacting Samantha Harrison at sharrison@mcbc.biz or contacting the Salinas One Stop

Center.

3. Authorized WIN Training Locations: The Office for Employment Training OET) has

contracted with WIN to provide remediation training to individuals wishing to upgrade their

skills. WIN is available at no costs to the customer. Shoreline agrees to coordinate and refer

clients to OET for WIN self-paced remediation training for participants that do not meet their

desired score to match a profile occupation. Shoreline agrees to work with the participant to

monitor their progress on WIN to ensure their success and provide assistance when needed.

WIN remedial training may also be provided by appointment through other partners of the

Central Coast Career Readiness Consortium by contacting Samantha Harrison at

sharrison(a,mcbc.biz.

4. WorkKeys� Test Results: To ensure customer confidentiality, Shoreline agrees to discuss

WorkKeys� test results with the participant only to determine if they have reached their

desired score.

Page 6 of 11

 

 

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10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11807 - SHORE��'5. Use VOS to match O*NET job profiles using WorkKeys� scores: Shoreline agrees to enter

WorkKeys� assessment scores into the Virtual One Stop VOS) case management system

once they are received. VOS will be used to match WorkKeys� assessment skill levels with

Occupational Information Network O*NET) job profiles to help individuals identify

appropriate occupations and support transferable skills.

6. Fees: The cost for the WorkKeys� Readiness Indicator assessments has been built into

Shoreline's supportive services line item budget in Exhibit B.

7. Reporting to the WIB: Shoreline agrees to provide WorkKeys� assessment performance

updates to the WIB's Oversight Committee and other subcommittees of the WIB, as

requested.

PARTICIPANT TRAINING, COUNSELING, EMPLOYABILITY, AND PLACEMENT

EFFORTS See TARGET POPULATION/GEOGRAPHIC GOALS, DEVELOPING OJT

CONTRACTS, & OJT PLACEMENT IN. THE FIVE INDUSTRY SPECIFIC CLUSTER

GROUPS)

For the program year, 2010/2011, Shoreline will write 58 OJT contracts, exceeding the RFP

minimum of 42. We also anticipate meeting and exceeding contract employment and retention

goals. As noted in the body of this proposal, Shoreline has facilitated a series of collaborative

agreements with local trainers and service providers to increase both the eligible participant and

employer pool. In an effort to add to our employment network each of our job placement

specialists are required to perform on site visits to local employers and to document those visits

and the results of that interaction. This practice will continue into the new program year.

MONITORING

Program Monitoring-Shoreline's OJT team will continue to meet bi-weekly to monthly to

discuss new OJT contracts and report on contracts in progress. On a weekly basis, job specialists

are advised of performance goals and their individual contribution towards these goals. The

program manager maintains an ongoing internal record of program progress, which is reviewed

with staff members as appropriate and needed. These records supplement the Virtual One Stop

data base system.

Fiscal Monitoring-Shoreline will provide a monthly invoice to the OET fiscal office. Monthly

expenses will be indicated as well as the balance remaining in each of the line items. Shoreline

recently created the position of Finance Manager, working under the direction of the Finance

Director, to assure timely and accurate submission of all workforce related invoices. Monthly

invoices will be delivered no later than 15 working days of each subsequent month within the

program year.

The program manager will be responsible for the daily monitoring of program expenditures, as

well as evaluating the monthly invoice to ensure that no budget line item is exhausted before the

completion of the contract year.

WIB Training and Meeting Attendance- Shoreline agrees to participate in all training

programs offered and coordinated by the Monterey County WIB and its staff. These trainings

and events include, but are not limited to, adult program elements identified in the WIA,

enhancing team building and coordination between partner agencies, reporting monthly

Page 7 of 11

 

 

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2010;-U012

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DIRECTOR-U012

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&-U012

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3)-U012

AMENDMENTS-U012

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AGREEMENT NO. A-11807 - SHORE��'subcontract performance updates to the WIB's Oversight Committee and other subcommittees of

the WIB as appropriate, Virtual One Stop VOS) system training and program upgrades, fiscal

operations, working with hard to serve clients and any other pertinent training offerings as

deemed appropriate by WIB staff that are designed to improve administrative and/or

programmatic services.

SUPPORTIVE SERVICES

Shoreline follows a written Supportive Service Policy and complies with all WIA regulations

and LWIA directives concerning this activity Policies are retained in a central location for

review). All job placement specialists are advised that Supportive Services cannot exceed the

WIB ceiling of $2,000. Supportive Service costs for this budget are estimated at $315.00 per

participant.

Under this contract, Shoreline will only provide Supportive Services to participants who are

receiving Intensive Services. Supportive Services include the purchase of clothing, mileage

reimbursement, and child care. The provision of Supportive Services is based upon a

participant's material needs to retain employment.

Supportive Service Process

1. The job specialist will assess the candidate's potential barriers to employment and the

need for Supportive Services.

2. The job placement specialist will provide the program manager with a formal request for

Supportive Services mileage reimbursement forms, written estimates, etc.).

3. After review, the program manager will provide the specialist with a purchase order PO)

number, or submit a check request form to Goodwill's finance office, outlining the

approved expenses. A PO is approved by the Program Manager, the Senior VP of

Workforce Development Services, and the President of Goodwill.) Shoreline has

established accounts with two local vendors. All specialists are directed to purchase

Supportive Service items, utilizing the PO system, from these vendors. Payment for

Supportive Services is administered by Goodwill's finance office.

4. Upon the purchase and delivery of Supportive Service items, the participant signs all

receipts and related documents, such as a check stub, verifying delivery of the Supportive

Service. Copies are maintained in the participant's file and with the program manager.

In special circumstances, Shoreline will provide Supportive Services beyond the normal scope of

established protocol such as car repair). Two estimates for services must be provided for review

prior to approval. Whenever possible, the program manger will utilize the PO system to provide

services. If necessary, a check request will be processed for the selected provider of services. As

customary, signed participant receipts are maintained by the program manager, the finance

department, and the job placement specialist.

ADDITIONAL SERVICES

Shoreline is contracted to provide a number of services, such as work experience, to a variety of

participants from several state and county programs Ca1WORKS, WIA, ETP, etc.); staff

members are cross trained and encouraged to refer eligible participants to the OJT program.

Page 8of11

 

 

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AGREEMENT NO. A-11807 - SHORE��'Recently, Shoreline signed an ETP training contract for at risk populations. If necessary for

employment, eligible participants from the OJT program will be offered the opportunity to

receive office skills or culinary training at no cost to the participant.

2. PROGRAM OBJECTIVES

Under the terms of the OJT contract Shoreline will:

 Enroll a minimum of 61 Intensive Service WIA eligible Adult candidates

 Place 58 participants in On-The-Job training programs

To support this effort, Shoreline will employ 2.5 full-time FTE) Job Placement Specialists, a

1.0 FTE) a full time Program Manager and a 20 FTE) support staff member. Additionally, the

program will be supported by a financial manager 10 FTE) and the Senior VP of Workforce

Development Services 10 FTE).

In the Program Design Narrative Section 1) of this proposal, Shoreline outlined action plans to

reach all target groups and non-target groups, as well as serving specific geographic areas of

Monterey County, Included in Section 1, Shoreline also reviewed a plan to recruit participants

and add to an already existing network of employers. Shoreline intends to closely follow these

plans upon initiation of the new program year. Additionally, consistent with past history,

Shoreline will also focus on:

 Limited English or monolingual Spanish speaking individuals, many of whom have basic

skills and language deficits

 Single mothers who also have limited work experience and require the assistance of an

OJT contract to obtain employment

 Participants with mental or physical disabilities

 The Older Worker, working with specialized agencies such as the Alliance on Aging

OJT PLACEMENT GOALS OR BENCHMARKS PER ADULT PROGRAM

OPERATING PLAN

Shoreline plans on meeting the following goals or benchmarks over the course of program year

2010/2011:

 Enroll 61 participants in Intensive Services

 Write 58 OJT contracts

 Place 52 candidates into unsubsidized employment

 51 participants will enjoy a minimum of $10,500 increase in wages over a period of six

months

 Reach an overall employment retention rate of 88%

 Achieve an 90% placement/completion rate for OJT contract participants

 Exceed the per hour earnings goal of $10.00 $11.25 per hour)

Currently, Shoreline's job placement specialists see at least 40 new WIA eligible participants per

quarter through the described outreach and collaborative venues. At least 30 of these candidates

Page 9 of 11

 

 

BIB]

 

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AGREEMENT NO. A-11807 - SHORE��'are motivated to actively participate in the OJT program. We anticipate meeting or exceeding

these numbers into the next program year, based upon unemployment projections, providing a

ready pool of qualified participants.

We will continue to thoroughly screen candidates, evaluating their level of commitment before

the initiation of the OJT. Our job placement specialists will also keep the lines of communication

open with both employers and participants, checking in weekly with each to minimize training

concerns.

To meet the earnings goal, our job placement specialists will begin early in the contract year

recruiting employers who provide positions that command more competitive wages particularly

in the Education and Health industries.

In the adult employment retention area we are currently achieving an 85% retention rate. Despite

the poor economy, Shoreline expects to continue to achieve high retention rates in the next

program year. Consistent with WIB guidelines, our staff will continue to track participants

following exit on a monthly to bi-monthly basis, providing any additional counseling or

assistance to support ongoing employment.

Shoreline expects that 88% of all OJT contract participants will enter into employment following

completion of their OJT.

COLLABORATIVE EXPERIENCE

Shoreline has a long history of collaborating with non-profit and government agencies. While the

following list is not all inclusive, it provides an overview of our collaborative experience in the

last 10 years:

 One Stop Operators Contract-San Luis Obispo County

 ROP Santa Cruz County/Cosmetology Training Program

 Monterey County Adult Schools/Soledad CNA Cohort

 The Welfare to Work Initiative Employment Readiness Demonstration Project-Santa

Cruz & Monterey Counties

 Employment Training Panel Grant/At Risk and New Hire Projects

 Post Employment Career Advancement Program PECAP)-Santa Cruz County

 Ticket to Work/Social Security Administration

 Job Search Workshop JSW)-Santa Cruz County

 CalWORKS Work Experience Program WEX)-Santa Cruz & Monterey Counties

PAYMENT PROVISIONS

Shoreline will be paid on a cost reimbursement basis within the limits of the approved line item

budget on Exhibit B.

WIA PARTICIPANT EXIT STRATEGY BASED ON THE ADULT COMMON

PERFORMANCE MEASURES

Page 10 of l1

 

 

BIB]

 

40388-U01

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AGREEMENT NO. A-11807 - SHORE��'Shoreline shall develop a WIA participant exit strategy to successfully achieve the Common

Performance Measure outcomes for adult programs. Specific definitions of the Common

Performance Measures are defined in the Training and Employment Guidance Letter TEGL) 17-

05, dated Feb. 17, 2006. The Department of Labor DOL) Common Performance Measures

described in the TEGL 17-05 reflect the agreed upon measures for the federal employment and

training programs, including programs administered by DOL and the Department of Education.

Prior to the exit of all WIA adult participants, Shoreline will consider the following:

a. Determine if the participant needs additional planned services", prior to exit.

b. Consider the effect the exit will have on Monterey County's overall Common

Performance Measure outcomes including: Entered Employment, Employment Retention

and Average Earnings.

c. Develop a post exit strategy to increase retention

The following Adult Common Measures include both Adult and Dislocated Worker participants:

a. Entered Employment

Of those who are not employed at the date of participation:

Number of adult participants who are employed in the first quarter after exit quarter

Number of adult participants who exit during the quarter

b. Employment Retention

Of those who are employed in the first quarter after exit:

Number of adult participants who are employed in both the second and third quarters

after exit quarter

Number of adult participants who exit during the quarter

c. Average Earnings

Of those adult participants who are employed in the first, second, and third quarters after

the exit quarter:

Total earnings in the second plus total earnings in the third quarters after the exit quarter

Number of adult participants who exit during the quarter

Page 11 of 11

 

 

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AGREEMENT NO. A-11807 - SHORE��'EXHIBIT B

LINE ITEM BUDGET

2010-11

MONTEREY COUNTY

WORKFORCE IN YES7MENTBOARD

AGENCY: Shoreline Workforce Development Services

ADULT SUBCONTRACT

I

Effective Date: July1, 2010

Contractor must ensure that planned expenditures prorated to and within this budget are in accordance

with reasonable and recognized methods of allocating costs.)

ITEMIZED BUDGET CATEGORIES

  a200.0.15 a200.0.04  TOTAL   Quarterly Plan 

  CORE SERVICE INTENSIVE  BUDGET  9130110 12231110  3131111 6130111

8500

8500

8500 STAFF SALARIES AND BENEFITS

SERVICES AND SUPPLIES

Building Rent $ 179,086.00

 

$ 1,536.00 $ 100,736.00

 

$ 864.00 $

 

$ 279,822.00

 

2,400.001 $

 

$ 69,955

 

600-00 $ 139,910

 

$ 1,200.00 $

 

$ 209,865

 

1,800.00 $ 279,822.00

 

$ 2,400.00

8500 Building Maintenance and Repair $ 148.00 $ 83.00 $ 231.00

$ 57.00 $ 114.00 $ 171.00 $ 231.00

8500 Janitorial         

8500 Utilities $ 2,240.00 $ 1,260.00 $ 3,500.00 $ 875.00 $ 1,750.00 $ 2,625.00 $ 3,500.00

8500 Postage and Shipping $ 38.00 $ 22.00 $ 60.00 $ 15.00 $ 30.00 $ 45.00 $ 60.00

8500 Office Supplies $ 1,242.00 $ 698.00 $ 1,940.00 $ 485.00 $ 970.00 $ 1,455.00 $ 1,940.00

8500 Computers/Hardware/Pedpherals         

8500 Equipment Maintenance $ 166.00 $ 94.00 $ 260.00 $ 65.00 $ 130.00 $ 195.00 $ 260.00

8500 Equipment Lease/Rental         

8500 Communications/lntemet $ 1,600.00 $ 900.00 $ 2,500.00 $ 625.00 $ 1,250.00 $ 1,875.00 $ 2,500.00

8500 Insurance $ 768.00 $ 432.00 $ 1,200.00 $ 300.00 $ 600.00 $ 900.00 $ 1,200.00

8500 Employee Travel $ 3,200.00 $ 1,800.00 $ 5,000.00 $ 1,250.00 $ 2,500.00 $ 3,750.00 $ 5,000.00

8500 Employee Training $ 256.00 $ 144.00 $ 400.00 $ 100.00 $ 200.00 $ 300.00 $ 400.00

8500 Outreach/Prlnting $ 224.00 $ 126.00 $ 350.00 $ 87.00 $ 174.00 $ 261.00 $ 350.00

8500 Other Professlonal Services Audit $ 600.00 $ 337.00 $ 937.00 $ 234.00 $ 468.00 $ 702.00 $ 937.00

8500 TOTAL SERVICES AND SUPPLIES $ 12,018.00 $ 6,760.00 $ 18,778.00 $ 4,693.00 $ 9,386.00 $ 14,079.00 $ 18,778.00

CENTRAL OPERATING EXPENSE INDIRECT) $ 3,000.00 $ 750.00 $ 1,500.00 $ 2,250.00 $ 3,000.00

PROFIT $  $  $  $  Is  Is  $

Total Core Budget $ 191,104.00   

Total intensive Budget $ 107,496.00   

TOTAL SUPPORTIVE SERVICES $ 17,400.00 $ 4,350.00 $ 8,700.00 $ 13,050.00 $ 17,400.00

TOTAL CONTRACT BUDGET $ 319,000.00 $ 79,750.00 $ 159,500.00 $ 239,250.00 $ 319,000.00

116,000.00

116,000.00 00 $ 58,000.00 $ 87,000.00 $

29,000

OJT EMLOYER POOLED SET ASIDE

217,500.00

326,250.00

$ 435,000.00

108,750.00

$ 435,000.00

TOTAL CONTRACT OBLIGATION

 

 

 

 

 

 

 

 

 

 

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AGREEMENT NO. A-11807 - SHORE��'EXIIEWT C

MONTHLY PERFORMANCE AND ENROLLMENT GOALS

2010-11

Aawt program Operating Plan

Cumulative Monthly Performance and Enrollment Goals

Service Provider: Shoreline Workforce Development Services

MONTH ENDING 7/3112010 8/31/2010 9130/2010 10/31/2010 11/30/2010 12/31/2010 1/31/2011 2/28/2011 3/31/2011 4130/2011 5/31/2011 6/30/2011

L Total Enrollment in Core WIA, Services 10 21 29 33 38 43 45 53 61 61 61 61

H. Total Enrollment in Intensive WIA Services Sum of ll.A.+ILB) 10 21 29 33 38 43     

       45 53 61 61 61 61

A. New Enrollments in Intensive Services 10 21 29 33 38 43 45 53 61 61 61 61

B. Enrollments Carried in from Prior Contract Year fr

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ase Mangement for Participants 4 10 16 22 27 29 33 46 58 59 59 59

2) Comprehensive Assessment 4 10 16 22 27 29 33 46 58 59 59 59

3) Development of Individual Employment Plan 4 10 16 22 27 29 33 46 58 58 58 58

4) Group Counseling 0 0 4 4 5 5 6 7 8 8 8 8

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7) Short Term Pro-Vocational Services 0 0 7 7 7      

      8 8 8 I0 10 10 10

8) IntershiPs Private Sector Work Experience)           

D. Tote[ Enrollment in Individual Training Accounts ITA)           

 

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E. Total Enrollment in On-the-Job Training OJT) 4 10 16 22 27 29 33 46 58 58 58 58

1) New Enrollments in OJT 4 10 16 22 27 29 33 46 58 58 58 58

2) OJT Enrollments Carried in from Prior Contract Year           

III. Total Exits Sum of JI1  I LB) 0 0 8 10 25 27 30 40 52 56 58 61

A. Entered Unsubsidized Empoyment ofTotal Exits 0 0 8 10 24 26 29 38 49 52 52 52

1) Entered Unsubsidized Empoyment Following Training 0 0 8 10 24 26 29 38 47 50 50 51

B. All Other Exits 0 0 0 0 1 1 1 2 3 4 6 9

IV. Total Current Enrollment 11- III) 10 21 21 23 13 16 15 13 9 5 3 0

 

 

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THREE-U012

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AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

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10%),-U012

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AGREEMENT NO. A-11807 - SHORE��'EXHIBIT D

OTHER TERMS AND CONDITIONS

The following applies to all programs and/or projects funded under the Workforce Investment Act W.I.A.) conducted by

Shoreline Workforce Development Services hereinafter referred to as CONTRACTOR. The County of Monterey Board

of Supervisors, acting as the Local Workforce Investment Area LWIA), is hereinafter referred to as County" or Workforce

Investment Board WIB).

5. ADDITIONAL PERFORMANCE STANDARDS

5.04. The CONTRACTOR shall comply with all the Special Provisions/Conditions and Assurances of this Contract; the

requirements of W.I.A. and the regulations promulgated under W.I.A.; all applicable terms and conditions imposed

and required by any grant between the County and the State of California State); and any subsequent revisions

and/or modifications of it, any administrative and/or statutory requirements imposed by the State, although the

State is not a direct party to this Contract.

5.05. In the event there is a conflict between the provisions of this Contract, the provisions of the W.I.A. Plan, including

the attachments hereto and the documents incorporated therein as presently worded or as amended in the future, the

parties hereto agree that the provisions of said plan as defined by County within the context of the 5-year LWIA

Job Training Plan shall prevail.

5.06. The CONTRACTOR, commencing as of the date of execution of this Contract by both parties, shall perform all

the functions set forth in the Description of Program. Adequate performance under this Contract is essential and

the CONTRACTOR shall measure its performance results against goals and performance standards provided by

this Contract. Measured performance below goals standards will constitute noncompliance with the terms of this

Contract.

5.07. CORRECTIVE ACTION PLAN: It is the responsibility of the CONTRACTOR to bring to the attention of the

County areas of performance which are below goals and standards and, with respect to each such area, prepare a

corrective action plan or a statement justifying modification of operational plans. In addition, upon receipt of any

monitoring report or other communication identifying areas of concern, a corrective action plan must be submitted

to the County within the time frame identified in the report. A corrective action plan shall consist of the following:

a) Specific Actions to be taken

b) The objective of each action

c) Completion dates

d) Person(s) responsible

e) Result to be accomplished.

The CONTRACTOR shall submit all corrective plans to WIB staff for written approval. If approved, the

CONTRACTOR shall keep the County aware on a continued basis of the results of the corrective action plan. The

County reserves the right to require modifications to the corrective action plan, satisfactory to the County, in the

event of failure by the CONTRACTOR to achieve the specified results.

6. PAYMENT/REIMBURSEMENTS/ADJUSTMENTS CONDITIONS-Additional Provisions

Page 1 of 9

 

 

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AGREEMENT NO. A-11807 - SHORE��'6.03. CONTRACTOR shall maintain a financial management system that complies with Monterey County WIB adopted

standards and as directed by the State of California. Fiscal accounts will be maintained in a manner sufficient to

permit reports required by the WIB or the State of California to be prepared.

6.04. PAYMENT ADJUSTMENTS: If any funds are expended by the CONTRACTOR in violation of the terms of this

Contract including all applicable statutes, regulations, guidelines, WIB Bulletins), the County may deduct the

amount of such unauthorized or illegal expenditures from payments otherwise payable to CONTRACTOR in order

to recover any amount expended for unauthorized purposes in the current or immediate preceding fiscal year. No

such action taken by County shall entitle the CONTRACTOR to reduce program operations or salaries, wages,

fringe benefits, or services for any program participant. Any such reduction in expenditures may be deemed

sufficient cause for termination of this Contract. Within thirty 30) days of request by County, CONTRACTOR shall

reimburse County for any payments made for expenditures, which are in violation of this Contract.

6.05. PAYMENT OF AUTHORIZED EXPENDITURES: Subject to receipt of funds from State, County agrees to

reimburse CONTRACTOR for expenditures authorized in the program budget. Financial reports and invoices are

due to the fiscal department of the Office for Employment Training OET) by the 15th working day of each month

and shall include all obligations, expenditures and accruals incurred during the previous month, unless otherwise

specified by the WIB. OET shall pay the certified invoice within 30 days of receiving the certified invoice.

Financial information reported on claims must be directly linked to records maintained by the CONTRACTOR

which support actual delivery of services as outlined in the existing contract between the subagent and the LWIA.

The LWIA shall be the sole judge of what constitutes adequate supporting documentation.

6.06. FISCAL RESPONSIBILITIES

6.06.01. No cost shall be allowed under this Contract which is not specifically identified in CONTRACTOR

approved budget or schedule of payment. CONTRACTOR shall not transfer funds between cost categories

or adjust designated total budget" line items without prior written approval by authorized WIB staff

applicable to cost reimbursement contracts only). Invoices for reimbursement submitted by

CONTRACTOR that include designated total line item expenditures above the total budget for that

designated line item will not be paid until the cost overrun is reconciled. Budget line items noted in italics

are not subject to reconciliation if variance occurs except the total budget for the italicized category. All

limitations on expenditures specified in Federal and State fiscal requirements shall apply to this Contract.

6.06.02. CONTRACTOR shall not charge nor receive compensation under this Contract for any services or

expenses unless said services or expenses are directly and exclusively related to the purpose of this

Contract. In addition, payment may not be received by CONTRACTOR from any other source for said

services or expenses. Moreover, funds shall not be allowed for cost incurred before or after the effective

dates of this Contract. Funds shall not be based as security or payment for obligations nor as loans for

activities of other funded programs.

6.06.03. CONTRACTOR shall have adequate administrative and accounting controls, personnel standards,

evaluation procedures and other policies to promote the program's effective use of funds provided under

this Contract.

6.06.04. CONTRACTOR shall submit to the WIB all required reports on a timely basis as delineated by the WIB.

Original OJT contracts copies will not be accepted) must be submitted to the WIB no later than 3 days

after the contract start date, Participant enrollment data not on file with the W1B at the time of OJT

contract submittal will result in a negative evaluation. All such evaluations will be provided to the WIB as

part of their Oversight and Evaluation responsibilities.

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AGREEMENT NO. A-11807 - SHORE��'6.06.05, CONTRACTOR must submit to the W113 deobligations for OJT contracts ending prior to the scheduled

contract end date. These deobligations must be submitted no later than 15 working days following the OJT

contract earlier ending date.

6.07. Notwithstanding any other provisions of this Contract, County may elect not to make a particular payment on

account of this Contract if.

a) MISREPRESENTATION: CONTRACTOR, with or without knowledge, shall have made any

misrepresentation of a substantial and material nature with respect to any information furnished to County.

b) LITIGATION: There is then pending litigation with respect to the performance by CONTRACTOR of any of

its duties or obligations hereunder which may jeopardize or adversely affect carrying out the project, including

any court action or proceeding involving the Federal Bankruptcy Act.

c) DEFAULT: CONTRACTOR is in default under any provision of this Contract,

6.07. PROGRAM INCOME/UNEXPENDED FUNDS,

6.08.01. Public or private non-profit CONTRACTOR revenues received in excess of costs which have been

properly earned) and which are received in addition to payments made by County to CONTRACTOR

are to be treated as program income. Accordingly, these funds may be retained by the service provider to

underwrite additional training or training related services pursuant to the project or program that

generated them, consistent with the purposes of W.I.A. When CONTRACTOR ultimately discontinues

the provision of all W.I.A. training and/or services described in this Contract, program income remaining

shall be returned to the County.

6.08.02. Return of Unexpended Funds. CONTRACTOR agrees that either upon completion or termination of this

Contract, any unexpended and/or unauthorized funds received shall be promptly returned to County.

6.09. DISALLOWED COSTS: The CONTRACTOR has full responsibility to ensure the proper expenditure of W.I.A.

funds paid to it under its Contract with County. Any funds expended by CONTRACTOR under a Contract from the

County, which are later determined not to have been allowable, must be immediately refunded to the County.

6.09.01. CONTRACTOR shall be notified of all final determinations made by the LWIA regarding audit reports,

independent monitoring reports, and LWIA administrative findings by a final determination letter.

6.09.02. CONTRACTOR may appeal or seek a legal determination with regard to any such disallowance. During

the pending of any such appeal or legal action, CONTRACTOR must deposit funds in the total amount

disallowed in an interest bearing escrow account or provide the County with acceptable security for such

funds. At the conclusion of the appeal, the interest earned shall be divided proportionately with the

deposited funds according to the ruling on the deposited funds.

6.09.03. If CONTRACTOR fails to refund any disallowed cost and further fails to place the funds in an escrow

account or to provide adequate security therefore within 30 days, County may, at its sole discretion,

terminate any and all Contracts with CONTRACTOR effective immediately thereon.

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AGREEMENT NO. A-11807 - SHORE��'6.10. STAFF SALARY LIMITATIONS

6.10.01. Personnel whose time is charged to the Program Budget under this Contractor subcontract shall be paid

on a pro-rata basis commensurate with the percentage of time devoted to the program. Personnel costs

including salary shall be reasonable. Employees of CONTRACTOR shall be compensated under this

Contract only for work performed under the terms of this Contract.

6.10.02. County shall not pay, and CONTRACTOR shall not request payment for any accrued employee fringe

benefits including vacation and sick time), which were not accrued by CONTRACTOR employees

during the term of this Contract.

6.11. PER DIEM AND TRAVEL: Mileage payments when permitted should be made at the agency rate per mile, but the

rate cannot exceed the amount allowed by the County of Monterey.

6.12. SUSPENSION OR REDUCTION OF FUNDING: County may suspend payments to CONTRACTOR prior to

termination in whole or in part for cause. Cause shall include the following:

a) Failure to comply in any respect with either the terms and/or conditions of this Contract, or

b) Submission to County of reports that are incorrect or incomplete in any substantial and material respect, or

c) Termination or suspension by the State of the grant to the County.

6.12.01. County may withhold payment of any unearned portion of the grant if CONTRACTOR is unable or

unwilling to accept any additional conditions that may be required by law, by executive order, by

regulation, or by other policy announced by State at any time. Upon suspension of funds, CONTRACTOR

agrees not to expend any funds related to or connected with any area of conflict concerning which County

has determined that suspension of funds is necessary.

6.12.02. Failure of the CONTRACTOR to satisfy administrative standards and/or performance goals may result in

the immediate reduction of service levels to applicants and/or enrollees by the County. Such reduction will

be accompanied by a proportionate decrease in obligated contract funds.

7. ADDITIONAL TERMINATION CONDITIONS

7,02.01.This Contract may be terminated immediately in whole or in part for cause, which shall include, but is not

limited to the

a) Suspension or termination by State of California of the grant to County under which this Contract is

made, or

b) Improper use of funds furnished under this Contract.

7.03. The CONTRACTOR shall have the right of appeal in the event of termination for cause only. Regular appeal

procedures for resolving disputes may be utilized, except that if CONTRACTOR has failed to submit its appeal

within fifteen 15) days from the date of termination notice, CONTRACTOR shall have no right to appeal, In any

case, where County has made a determination of the amount due to CONTRACTOR, County shall pay to the

CONTRACTOR the following:

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AGREEMENT NO. A-11807 - SHORE��'a) If there is no right of appeal hereunder or if no timely appeal has been taken, the amount determined by

County, or

b) If an appeal has been taken, the amount finally determined by such appeal.

10. RECORDS AND CONFIDENTIALITY  Additional Provisions

10.04.01. The expenditure of W.I.A. funds is subject to independent audit under the Single Audit Act of 1984 and

the Single Audit Act Amendments of 1996. CONTRACTOR must furnish the Monterey County Office for

Employment Training OET) with an audit report within thirty 30) days of the completion of the audit but

not more than nine 9) months after the end of the audit period.

10.04.02, Audit requirements are stipulated by the Office of Management and Budget OMB) Circular A-133.

10.04.02.01. As a condition of receiving W.I.A. funds, the independent auditor or monitor of the LWIA,

the Employment Development Department EDD) auditors, investigators, monitors, and their

representatives, shall at all times during the period that the grant is in force and for a period of

four years thereafter, have access to all related records and financial statements and to

individuals with knowledge of the records and financial statements as may be necessary to

ensure compliance to the W.I.A. law, regulations, and directives.

10.04.02.02. Each LWIA will conduct and ensure that their subrecipients, expending a combined total of

$300,000 or more in federal funds in fiscal years ending on or before December 31, 2003, or

$500,000 or more of federal funds in fiscal years ending after December 31, 2003, conducts

an audit in accordance with Section 184 of W.I.A., Title 20 CFR Section 667.200, Title 29

CFR Part 95 or 97 as applicable), and Title 31 USC Chapter 75.

10.04.02.03. All documents, records, work papers, etc. associated with the audit shall be retained for a

minimum of three 3) years after the issuance of the audit report. If, prior to the expiration of

the three year time period, any audit resolution, litigation, or claim is instituted involving the

grant covered by the records, the CONTRACTOR shall retain the documentation beyond the

period until the audit findings, litigation, or claim has been finally resolved and written

notification is received from the Director of the Employment Development Department

regarding destruction.

10.04.03. Board Minutes, CONTRACTOR shall have available for W.I.A. review copies to all Board or Council

minutes in which the W.I.A. program is discussed.

10.04.04. Public Statements/Press Releases. Prior to release, CONTRACTOR shall submit any press release or

statement to the public related to this Contract to WIB for review and approval.

10.04.05. CONTRACTOR shall submit to County all required reports on a timely basis as delineated by County.

CONTRACTOR shall submit written monthly status reports covering such items as progress of work

being performed, milestones attained, resources expended, problems encountered and corrective action

taken or other reports determined to be necessary by the WIB. These reports are due to the WIB by the

15th working day of each month. CONTRACTOR also shall submit on a timely basis all. required

contract supplemental documents.

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$881,250-U012

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THROUGH-U012

JUNE-U012

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2011;-U012

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APPROVE-U012

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TITLE-U012

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SUBCONTRACT-U012

ARBOR-U012

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CENTER,-U012

IN-U012

AMOUNT-U012

OF-U012

$18,750-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11807 - SHORE��'10.04.06. CONTRACTOR shall make available to the County, upon request, a complete and detailed record or cost

allocation of any expenses that are in whole or part supported with program funds. This detailed account

shall include percentages and total contributions from both W.I.A. and non-W.I.A. sources. Shared

expenses may include, but are not necessarily limited to the following: staff salaries, facilities, equipment,

etc.

11. NON-DISCRIMINATION/AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY  Additional

Provisions

11.01. CONTRACTOR will take affirmative action to ensure that applicants and employees are treated during

employment or services without regard to their race, color, religion, sex, citizenship, national origin, handicap, age,

political affiliation or beliefs. Such action shall include, but not be limited to, the following:

11.02. Recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation,

demotion or transfer, job assignments, working conditions, hiring, training, and selection for training

including apprenticeship, and all terms and conditions of employment.

11.03. CONTRACTOR will comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment

Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in the Department

of Labor regulations, 41 CFR 60, 29 CFR 97.36 1) 1-13), 29 CFR 37.20 a) 1), and other pertinent Federal, State

and local Equal Employment Opportunity and Affirmative Action regulations, guidelines and policies pertaining to

W.I.A. participants and CONTRACTOR staff.

11.04. CONTRACTOR will be governed by W.I.A. procedures relating to complaints alleging violations of the Act,

regulations, grant, other Contracts under the Act including terms and conditions of employment. Participants will be

notified in writing, upon enrollment into employment or training, of the W.I.A. Complaint Procedures including

notification of their right to file a complaint and instructions on how to do so. Complaint Procedures include: 1) the

right to file a complaint, 2) the opportunity to resolve complaints informally 3) written notice of hearings, and 4) a

final decision within sixty 60) days of the date of fling.

11.05. PERSONNEL PROCEDURES: CONTRACTOR shall ensure equal employment opportunity based on objective

personnel policies and practices for recruitment, selection, promotion, classification, compensation, performance

evaluation, and employee-management relations.

13. ADDITIONAL INDEPENDENT CONTRACTOR CONDITIONS

13.01. CONTRACTOR is not in a Local Workforce Investment Area contractual relationship with the State and therefore

shall be governed in the operation of the program by this Contract.

14. ADDITIONAL NOTICE CONDITIONS

14.01. Notice shall be effective on the date personal service is effected or the date of the signature of the return receipt.

15. ADDITIONAL GENERAL REQUIREMENTS

15.01.01. Conflict of Interest, CONTRACTOR shall not pay compensation in any form to a person employed by

County within the preceding two years, if such person in any way participated in any action or decision

which affected the economic interest of CONTRACTOR or the action or decision was one which

affected the CONTRACTORs interest as a member of the public or a significant segment of the public,

Page 6 of 9

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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AMOUNT-U012

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PERIOD-U012

OF-U012

JULY-U012

1,-U012

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THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

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DEPARTMENT-U012

OF-U012

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EMPLOYMENT-U012

SERVICES,-U012

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HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

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AGREEMENT NO. A-11807 - SHORE��'or as a member of an industry, profession or occupation to no greater extent than any other member of

the public, industry, profession or occupation.

15.02.01. Amendment to Contract. This Contract contains the full and complete understanding between the parties

subject to any applicable laws, rules, and regulations. County may issue administrative directives and/or

unilateral Contract amendments concerning interpretations of federal rules and regulations, directives

received from State and/or requests from the Board of Supervisors that may require changes in

procedures by CONTRACTOR. CONTRACTOR shall be deemed responsible for complying with such

administrative directives and/or amendments only after being formally notified in writing of the

appropriate action necessary. CONTRACTOR may initiate requests for Contract amendments, including

budget line-item amendments, only once per fiscal quarter. All requests for Contract amendment must

provide a detailed justification for such an amendment.

15.13.01. Civil Code Section 1654. It is agreed and understood by the parties hereto that this Contract has been

arrived at through negotiation and that neither party is to be deemed the party which prepared this

Contract within the meaning of Civil Code Section 1654.

15.15.01. Authority to Bind Contractor. Prior to the execution of this Contract, CONTRACTOR shall furnish

County in writing, a list of persons authorized to execute on behalf of CONTRACTOR: Contracts,

modifications to Contracts, invoices or other documents as may be required by County. The above list

should include signatures of all authorized individuals and be certified by CONTRACTOR governing

body. In the event authority is delegated to a position e.g., President, Vice President, Treasurer), rather

than to an individual, the list of positions so authorized shall be furnished including signatures of present

position holders.

15.18. CONTRACTOR will assure that all customers first register through the Virtual One Stop Case Management System:

http://www. onestopmonterey. ora/

15.19. CONTRACTOR will assure that customers utilize the Virtual One Stop Case Management System for the provision

of core services.

15.20. Customer follow-up services must be performed no later than 30 days and 90 days after services are rendered.

15.21. Customers accessing OJT or Classroom Training funds administered by the WIB must first receive at least one Core

Service and Intensive Service and must meet one of the following WIB established priorities:

15.21.01. Those who are most able to benefit and whose services will result in the biggest return on investment.

This included individuals who are currently receiving some kind of public assistance, including, but not

limited to cash aid and unemployment insurance.

15,21.02. Those who are currently underemployed, as defined by working part or full time, but unable to earn self-

sufficiency wages.

15.22. Customers shall not be liable for outstanding charges as a result of registration or enrollment in a training program

or training activity provided under this Contract.

15.23. County Contract Administrator. The Executive Director of the Workforce Investment Board or his designee is

authorized and directed, for and on behalf of County, to administer this Contract and all related matters in

connection herewith and his or her decision shall be final.

Page 7 of 9

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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AS89584-U03

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511-DSS-U08

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AMOUNT-U012

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2010;-U012

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UP-U012

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THREE-U012

3)-U012

AMENDMENTS-U012

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TOTAL-U012

AMENDMENTS-U012

DO-U012

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TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

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SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11807 - SHORE��'15.24. Referrals from Fee Service Agencies. CONTRACTOR shall not accept referrals for participant positions funded

under this Contract from any agency which charges a fee to either the individual being referred or the employing

agency for the services rendered. Charges incurred in violation of this clause shall be the sole responsibility of the

CONTRACTOR, and shall not be charged to either this Contract or the participant employee under this agreement.

15.25. Property. Title to non-expendable property with a unit value in excess of $1,000.00 acquired with program funds

and with a life expectancy of one year or more in accordance with approved budgets, vests in the County subject to

use for program purposes by the CONTRACTOR during the term of the use, accountability, maintenance,

protection and preservation of such property insurance to cover the loss or theft of said equipment is due at WIB

within 30 days of execution of this Contract. Upon completion of program, all such property shall be transferred to

the possession of the County in accordance with the instruction of County.

15.25.01. CONTRACTOR shall obtain advance written approval of County for purchase of any non-expendable

equipment having a unit purchase price of $1,000.00 or more, and use expectancy in excess of one year.

15.25.02 All capital equipment shall be properly identified by serial number and inventoried by CONTRACTOR.

This inventory shall be submitted to County and updated by CONTRACTOR as purchases are made.

15.26. Maintenance of Effort. The CONTRACTOR shall comply with the following maintenance of effort requirements:

a) Participant positions funded through this Contract are in addition to those that would otherwise be financed by

CONTRACTOR without assistance under W.I.A.

b) Positions requested shall: 1) result in an increase in employment opportunities over those that would otherwise

be available; 2) not result in the displacement of currently employed workers, including partial displacement

such as a reduction in hours of non-overtime work, wages or employment benefits; 3) not impair existing

contracts for service or result in a substitution of Federal funds for other funds in connection with work that

would otherwise be performed; substitute public service and/or work experience positions for existing jobs.

c) CONTRACTOR will not terminate, lay off or reduce the working hours of an employee for the purpose of

hiring an individual with funds available under W.I.A.

d) CONTRACTOR will not hire any person under W.I.A. when any other person is on lay-off for the same or

substantially equivalent job.

15.27.1. Other Program Obligations. As a condition to the award of financial assistance under Title I of W.I.A. from the

Department of Labor, the CONTRACTOR assures, with respect to operation of the W.I.A.-funded program or

activity and all Contracts or arrangements to carry out the W.I.A. funded program or activity, that it will comply

fully with the WIA Section 188 nondiscrimination and equal opportunity provisions of the Workforce Investment

Act of 1998 W.I.A), including the Nontraditional Employment for Women Act of 1991; Title VI of the Civil

Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination

Act of 1975, as amended; title IX of the Education Amendments of 1972, as amended; and with all applicable

requirements imposed by, or pursuant to regulations implementing those laws, including but not limited to 29 CFR

part 34. The United States has the right to seek judicial enforcement of this assurance,

The LWIA, State of California, and the Department of Labor shall have unlimited rights to any data first produced

or delivered under the Contract Contracts which involve the use/development of computer programs/applications,

or the maintenance of databases or other computer data processing program, including the inputting of data):

Page 8 of 9

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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WORKFORCE-U02

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LI21329-U03

FO21330-U03

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AS89582-U03

AS89584-U03

AI93666-U03

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AGREEMENT NO. A-11807 - SHORE��'The LWIA, State of California, and the Department of Labor reserve a royalty-free, nonexclusive, and irrevocable

license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:

a) The copyright or patent in any work developed under a grant or Contract; and

b) Any rights of copyright or patent to which a grantee or CONTRACTOR purchases ownership with grant

support.

15.28. Debarment. This contract is subject to immediate termination if CONTRACTOR is identified on any debarment list

issued by the Workforce Investment Division of the State of California.

Page 9 of 9

 

 

BIB]

 

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AGREEMENT NO. A-11807 - SHORE�� 'EXHIBIT E

GENERAL ASSURANCES AND CERTIFICATIONS

WORKFORCE INVESTMENT ACT WIA)

GENERAL ASSURANCES

1, Contractor assures and certifies that:

a. It will fully comply with the requirements of the Workforce Investment Act W.I.A.), Public Law 105-220, hereafter

referred to as the Act, and with the regulations promulgated thereunder; and

b. It will fully comply with applicable OMB Circulars, as those circulars relate to functions such as the utilization of

funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act.

c. It will fully comply with the provisions of Public Law 107-288, Jobs for Veterans Act, as the law applies to

Department of Labor DOL) job training programs.

2. The Contractor further assures and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it

shall fully comply with them.

3. In addition to the requirements of 1 and 2 above and consistent with the regulations issued pursuant to the Act, the Contractor

makes the following assurances and certifications:

a. If it is a corporation, it is registered with the Secretary of State of the State of California.

b. It possesses legal authority to apply for the grant: that a resolution, motion or similar action has been duly adopted or

passed as an official act of the Contractor's governing body, authorizing the filing of the application, including all

understanding and assurances contained therein, and directing and authorizing the person identified as the official

representative of the Contractor to act in connection with the application and to provide such additional information

as may be required.

c. It will comply with Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d) and, in accordance with Title VI of

that Act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from

participation in, be denied the benefits of, or be" otherwise subjected to discrimination under any program or activity

for which the Contractor receives federal financial assistance; and will immediately take any measures necessary to

effectuate this agreement.

Further, it will comply with Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d) prohibiting employment

discrimination where 1) the primary purpose of a grant or agreement is to provide employment or 2)

discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting

from the grant-aided activity.

It will comply with the Americans with Disabilities Act of 1990 ADA) insofar as Contractor is required to comply

with said Act.

e. It will comply with WIA Section 188 that ensures non-discrimination and equal opportunity for various categories

of persons, including persons with disabilities, who apply for and participate in programs and activities operated by

recipients of WIA Title I financial assistance.

f. It will comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity," as

amended by Executive Order 11375 of October 13, 1967, and as supplemented in the Department of Labor

regulations, 41 CFR 60, 29 CFR 97.36 i) 1-13). The Executive Order 11246, as amended prohibits employment

discrimination on the basis of sex, race, color, religion, and national origin by federally assisted contractors and

subcontractors. The Contractor will take affirmative action to ensure that applicants and employees are treated

during employment without regard to their race, color, religion, sex or national origin.

g. It will comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination

against qualified individuals with disabilities.

Page 1 of 3

 

 

BIB]

 

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THROUGH-U012

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AUTHORIZE-U012

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OF-U012

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&-U012

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SERVICES,-U012

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HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

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10%),-U012

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SIGNIFICANTLY-U012

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SCOPE-U012

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AGREEMENT NO. A-11807 - SHORE��!'h. It will comply with the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of

age.

i. It will comply with Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on

the basis of sex in educational programs.

Under penalty of perjury under the laws of the State of California that it will comply with the requirements of the

Drug-Free Workplace Act of 1990 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 employees for violations;

2.) Establish a Drug-Free Awareness Program as required to inform employees about the dangers of drug abuse in

the workplace; the person's or organization's policy of maintaining a drug-free workplace; any available

counseling, rehabilitation and employee assistance programs; and penalties that may be imposed upon

employment for drug abuse violations;

3.) Every employee who works on this agreement will receive a copy of the agency's drug-free policy statement,

and agree to abide by the terms of the agency's statement as a condition of employment on the agreement.

k. It will comply with the provisions of the Hatch Act which limits the political activity of certain State and local

government employees.

1. It will comply with the requirement that no program under the Act shall involve political activities.

in. It will establish safeguards to prohibit employees from using their positions for private gain for themselves or others,

particularly those with whom they have family, business or other ties.

n. It will give the State, federal and local administrators, through any authorized representative the access to and the

right to examine all records, books, papers, or documents related to the grant.

o. It does not provide for the advancement or aid to any religious sect, church or 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 whatsoever, as specified by Article XVI, Section 5, of the Constitution,

regarding separation of church and state.

p.

q.

Appropriate standards for health and safety in work and training situations will be maintained.

Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the

geographical region and the proficiency of the participant.

r. Training will not be for any occupation which requires less than two weeks of pre employment training, unless

immediate employment opportunities are available in that occupation.

s. Training and related services will, to the extent practicable be consistent with every individual's capabilities and lead

to employment opportunities which will enable participants to increase their income and become economically self

sufficient.

t. Institutional skill training and training on the job shall only be for occupations in which the Secretary or the Local

Workforce Investment Board LWIB) has determined that there is a reasonable expectation for employment.

U. WIA funds will, to the extent practicable, be used to supplement rather than supplant the level of funds that would

otherwise be available for the planning and administration of programs under the eligible Contractor's grant.

v. It will submit reports as required by the Secretary and/or Governor and will, maintain records to provide access to

them as necessary for review to assure that funds are being expended in accordance with the purposes and

provisions of the Act, including maintenance of records to assist in determining the extent to which the program

meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful

employment opportunities.

Page 2 of 3

 

 

BIB]

 

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TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

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AGREEMENT NO. A-11807 - SHORE��"'w. Financial records, supporting documents, statistical records, and all other records pertinent to a grant shall be

retained for the period of four years; however, participant's participation records will be retained for five years,

Payroll records will be retained for seven years,

x. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility

of individual participants.

Y.

Individuals receiving training on the job shall be compensated by the employer at such rates, including periodic

increases, as may be deemed reasonable under regulations prescribed by the Secretary or Governor, but in no event

at a rate which is less than the highest of. 1) the minimum wage rate specified in Section 6(a)(1) of the Fair Labor

Standards Act of 1938; 2) the State or local minimum wage for the most nearly comparable covered employment;

3) the prevailing rates of pay for persons employed in similar occupations by the same employer; 4) the minimum

entrance rate for the inexperienced workers in the same occupation in the establishment or, if the occupation is new

to the establishment the prevailing entrance rate for the occupation among other establishments in the community or

area or any minimum rate required by an applicable collective bargaining agreement; 5) for participants on

Federally funded or assisted construction projects, the prevailing rate established by the Secretary or Governor, in

accordance with the Davis-Bacon Act, as amended, when such rates are required by the federal statute under which

the assistance was provided.

Z. It will comply with the labor standard requirements set out in the Act,

aa. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913.

bb. For grants, sub grants, contracts, and subcontracts in excess of $100,000 or where the contracting officer has

determined that orders under an indefinite quantity contract or subcontract in any year will exceed $100,000, or if a

facility to be used has been the subject of a conviction wider the Clean Air Act 42 U.S.C. 1857C8(c)(1)] or the

Federal Water Pollution control Act 33 U.S.C. 1319(C)] and is listed by the Environmental Protection Agency

EPA) or is not otherwise exempt, the Contractor assures that: 1) no facility to be utilized in the performance of the

proposed grant has been listed on the EPA list of Violating Facilities; 2) it will notify the Governor, prior to award,

of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection

Agency, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of

Violating Facilities; and 3) it will include substantially this assurance, including this third part, in every nonexempt

sub grant, contract, or subcontract.

cc. Programs of institutionalized skills training shall be designed for occupations in which skill shortages exist.

dd. Appropriate arrangements will be made to promote maximum feasible use of apprenticeship and other on-the-job

training opportunities available under Section 1787 of Title 38, United States Code,

ee. It shall take appropriate steps to provide for the increased participation of qualified disabled and Vietnam era

veterans in job training opportunities supported under this Act. Such steps shall include employment, training,

supportive services, technical assistance and training, support for community based veterans program, and

maintenance and expansion of private sector veterans employment and training and such other programs as are

necessary to serve the unique readjustment rehabilitation and employment needs of veterans,

if. Each eligible Contractor shall, in a continuing and timely basis, provide information on job vacancies and training

opportunities funded under the Act to State and other local veteran employment representatives and to other veteran

organizations for the purpose of disseminating information to eligible veterans.

gg

It will establish such standards and procedures as are necessary to ensure against program abuses including, but not

limited to, nepotism; conflicts of interest; the charging of fees in connection with participation in the program;

excessive or unreasonable legal fees; the improper commingling of funds under the Act with funds received from

other sources; the failure to keep and maintain sufficient auditable or otherwise adequate records; kick backs;

political patronage; child labor laws; the use of funds for political, religious, anti-religious, unionization, or

anti-unionization activities; the use of funds for lobbying, local, state or federal legislators, and the use of funds for

activities which are not- directly related to the proper operation of the program.

Page 3 of 3

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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A-11807-U02

U02

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511-DSS-U08

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TURNING-U012

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AGREEMENT NO. A-11807 - SHORE��#'EXHIBIT F

CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned. certifies, to the best of his or her knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or employee of

an agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,

and the extension, continuation, renewal, amendment, or modification of any Federal contract,

grant, loan, or cooperative agreement.

2) If any funds other than Federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the

undersigned shall complete and submit Standard Form-LLL Disclosure Form to Report

Lobbying, in accordance with its instructions.

3) The undersigned shall require that the language of this certification be included in the

award documents for all subawards at all tiers including subcontracts, subgrants and contracts

under grants, loans, and cooperative agreements) and that all subrecipients shall certify and

disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for making

or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who

fails to file the required certification shall be subject to a civil penalty of not less than $10,000

and not more than $100,000 for each such failure.

eh, u 44Z-

Applicant Name of Authorized Representative)

r a"- 74"

Title of Authorized Representative

Signature of Authorized Representative

Date

1 of 1

 

 

BIB]

 

40388-U01

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AGREEMENT NO. A-11807 - SHORE��$'EXHIBIT G

DRUG-FREE WORKPLACE CERTIFCATION

COMPANY/ORGANIZATION NAME: Shoreline Workforce Development Services

The Contractor or grant recipient named above hereby certifies compliance with Government

Code Section 8355 in matters relating to providing a drug-flee workplace. The above named

contractor will:

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 employees for violations, as required by Government Code Section

8355(a).

2, Establish a Drug-Free Awareness Program as required by Government Code Section

8355(b), to inform employees about all of the following:

a) The dangers of drub abuse in the workplace.

b) The person's or organization's policy of maintaining a drug-free workplace.

c) An available counseling, rehabilitation and employee assistance programs, and

d) Penalties that may be imposed upon employees for drug abuse violations.

Provide as required by Government Code Section 8355(c) that every employee who works on the proposed contract

or grant:

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 statement as a condition of

employment on the contract or grant.

CERTIFICATION

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient

to the above described certification. I am fully aware that this certification executed on the date and in the county

below, is made under penalty of perjury under the laws of the State of California.

OFFICIAL'S NAME: print)

DATE EXECUTED:

CONTRAG R SIGNATU E�

OFFICIAL'S TITLE:

EXECUTED IN THE COUNTY OF MONTEREY

1 of I

 

 

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WORK.-U012

 

 

AGREEMENT NO. A-11807 - SHORE��%'EXHIBIT H

CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

This certification is required by the regulations implementing Executive Order 12549,

Debarment and Suspension, 29 CFR Part 98, Section 98.510.

BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS WHICH ARE AN

INTEGRAL PART OF THE CERTIFICATION)

1. The prospective recipient of Federal assistance funds certifies, by submission of this

proposal or contract, that neither it nor its principals are presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

participation in this transaction by any Federal department or agency.

2. Where the prospective recipient of Federal assistance funds is unable to certify to any of

the statements in this certification, such prospective participant shall attach an

explanation to this proposal or contract.

Applicant Name of Authorized Representative)

Title of Authorized Representative

Signature of Authorized Representative

j~  /r A)

Date

1 of 2

 

 

BIB]

 

40388-U01

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AGREEMENT NO. A-11807 - SHORE��&'INSTRUCTIONS FOR CERTIFICATION

By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the

certification set out below.

The certification in this clause is material representation of fact upon which reliance was placed when this

transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds

knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,

the Department of Labor DOL) pursue available remedies, including suspension and/or debarment,

The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom

this proposal is submitted if at any time the prospective recipient of Federal assistance funds learn that its

certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms covered transaction," debarred," suspended," ineligible," lower tier covered transaction,"

participant," person primary covered transaction," principal," proposal," and voluntarily excluded," as used in

this clause, have the meanings out in the Definitions and Coverage sections of rules implementing Executive Order

12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those

regulations.

The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed

covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person

who is debarred suspended, declared ineligible, or voluntarily excluded from participation in this covered

transaction, unless authorized by

DOL.

The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include

the clause titled, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower

Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for

lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier

covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,

unless it know that the certification is erroneous. A participant may decide the method and frequency by which it

determines the eligibility its principals. Each participant may, but is not required to, check the List of Parties

Excluded From Procurement or Non-procurement Programs.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to

render in good faith the certification required by this clause. The knowledge and information of a participant is not

required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction

knowing enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or

voluntary excluded fro participation in this transaction, in addition to other remedies available to the Federal

Government, the DOL may pursue available remedies, including suspension and/or debarment.

2 of 2

 

 

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AGREEMENT NO. A-11807 - SHORE��''EXHIBIT I

NONDISCRIMINATION ASSURANCE

During the performance of this Agreement CONTRACTOR agrees as follows:

CONTRACTOR shall not discriminate on the ground of race, color, religion, sex, national

origin, age, disability, political affiliation or belief, and for participants only, citizenship or

participation in programs or activities funded under this Agreement, in admission or access to,

opportunity or treatment in, or employment in the administration of, or in connection with, any

program or activity funded under this Agreement.

As a condition to the award of financial assistance under this program, CONTRACTOR assures,

with respect to operation of this WIA funded program or activity and all agreements or

arrangements to carry out this program or activity, that it will comply fully with all

nondiscrimination and equal opportunity statutes and regulations including, but not limited to,

the following: Section 188 of the Workforce Investment Act of 1988; Title VI and VII of the

Civil Rights Act of 1964, as amended; Americans with Disabilities Act of 1990; Section 504 of

the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; Age

Discrimination Act of 1975, as amended; California Fair Employment and Housing Act,

Government Code Sections 12900 et seq.; California Labor Code Sections 1101, 1102, and

1102.1; and with all applicable requirements imposed by or pursuant to regulations

implementing those laws.

CONTRACTOR assures that it will comply fully with the nondiscrimination and equal

opportunity provisions of WIA and acknowledges that the federal, state, and County of Monterey

shall have the right to seek judicial enforcement of this nondiscrimination assurance.

Applicant Name of Authorized Representative)

Title of Authorized Representative

Date

1 of I

 

 

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AGREEMENT NO. A-11809 - ARBOR��CERTIFICATE OF SECRETARY

OF

ARBOR E&T, LLC

1, David S. Waskey, do hereby certify that I am the duly elected and qualified Secretary of

ARBOR E&T, LLC, a Kentucky limited liability company the Company"), and I do hereby certify

that set forth below is a true and correct copy of the preambles and resolutions duly adopted by the

Managers of the Company by Unanimous Written Consent in accordance with applicable state law

and the terms of the Amended and Restated Operating Agreement of the Company dated December

22, 2009 and said resolutions are in full force and effect and have not been modified or rescinded as

of the date hereof.

WHEREAS, the Company operates through contractual relations with government

agencies to provide various programs as the Company and the agency may determine.

Now, THEREFORE, BE IT:

RESOLVED, that the Managers of the Company hereby authorize and instruct each of

Ralph G. Gronefeld, Jr., Manager and Chairman of Arbor E&T, LLC, Patrick

Kelley, Manager and President of Arbor E&T, LLC, David W. Miles, Manager and

Treasurer of Arbor E&T, LLC, and Richard L. Tinsley, Manager and Executive Vice

President of Arbor E&T, LLC or their respective designee, individually, to negotiate,

execute and deliver contracts and other necessary documents or instruments in the

name and on behalf of the Company with the state or local agencies in order for the

Company to provide services to such agencies; and

FURTHER RESOLVED, that the Managers of the Company hereby authorize and

instruct Diane Rath, Senior Vice President of Arbor E&T, LLC, or her respective

designee, individually, to negotiate, execute and deliver contracts and other necessary

documents or instruments in the name and on behalf of the Company with the state or

local agencies in order for the Company to provide services to such agencies in

amounts up to and including $1,000,000.00 in value; and

FURTHER RESOLVES that the Managers of l~le Colnpany hereby aut11 rite and

instruct each of Karen Damage, Regional Vice President; David Meara, Regional

Vice President; Nancy Thompson, Regional Vice President; and Don Ballard,

Regional Vice President, individually, to negotiate, execute and deliver contracts and

other necessary documents or instruments in the name and on behalf of the Company

with the state or local agencies in order for the Company to provide services to such

agencies in amounts up to and including $100,000.00 in value; and

FURTHER RESOLVED, that the authorizations designated herein supercede in their

entirety any and all prior contract authorizations; however, the effectiveness of any

prior authorizations implemented up to the date ofthis consent shall not be adversely

affected by the consent adopted herein.

David S. Waskey, Secretary

Dated:

  0

 

 

BIB]

 

40388-U01

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AGREEMENT NO. A-11809 - ARBOR��COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SERVICES

NOT TO EXCEED $100,000)

This Professional Services Agreement Agreement") is made by and between the County of Monterey, a

political subdivision of the State of California hereinafter County") and:

Arbor E&T, LLC

hereinafter CONTRACTOR").

In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as

follows:

1. SERVICES TO BE PROVIDED. The County hereby engages CONTRACTOR to perform, and

CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of

this Agreement. The services are generally described as follows:

Provide follow-up services to disadvantaged adults who complete On-the-Job Training OJT) contracts.

2. PAYMENTS BY COUNTY. County shall pay the CONTRACTOR in accordance with the payment

provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement. The total amount

payable by County to CONTRACTOR under this Agreement shall not exceed the sum of $ 18,750

3. TERM OF AGREEMENT. The term of this Agreement is from July 1, 2010 to

July 31, 2010  unless sooner terminated pursuant to the terms of this Agreement. This

Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing

last, and CONTRACTOR may not commence work before County signs this Agreement.

4. ADDITIONAL PROVISIONSIEXHIBITS. The following attached exhibits are incorporated herein by

reference and constitute a part of this Agreement:

Exhibit A Scope of Services/Payment Provisions

Exhibit B Line Item Budget Exhibit F Lobbying Certification

Exhibit G Drug-Free Workplace Certification

Exhibit D Other Terms and Conditions Exhibit H Debarment Certification

Exhibit E WIA General Assurances Exhibit I Nondiscrimination Assurance

5. PERFORMANCE STANDARDS.

5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees, and

subcontractors performing services under this Agreement are specially trained, experienced, competent, and

appropriately licensed to perform the work and deliver the services required under this Agreement and are not

employees of the County, or immediate family of an employee of the County.

5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and

skillful manner and in compliance with all applicable laws and regulations. All work performed under this

Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in

accordance with such licensing requirements.

5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary

to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR

PSA $100,000 or Less, Revised 10/09/08 1 of 8 Project ID: Arbor WIA OJT Subcontract for follow-

up services  July 2010

 

 

BIB]

 

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AGREEMENT NO. A-11809 - ARBOR��shall not use County premises, property including equipment, instruments, or supplies) or personnel for any

purpose other than in the performance of its obligations under this Agreement.

6. PAYMENT CONDITIONS.

6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to

County. If not otherwise specified, the CONTRACTOR may submit such invoice periodically or at the

completion of services, but in any event, not later than 30 days after completion of services. The invoice shall

set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for

the amounts claimed, and such other information pertinent to the invoice as the County may require. The

Contract Administrator or his or her designee shall certify the invoice, either in the requested amount or in such

other amount as the County approves in conformity with this Agreement, and shall promptly submit such

invoice to the County Auditor-Controller for payment. The County Auditor-Controller shall pay the amount

certified within 30 days of receiving the certified invoice.

6.02. CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in this

Agreement.

7. TERMINATION.

7.01. During the term of this Agreement, the County may terminate the Agreement for any reason by

giving written notice of termination to the CONTRACTOR at least thirty 30) days prior to the effective date of

termination. Such notice shall set forth the effective date of termination. In the event of such termination, the

amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of

termination.

7.02. The County may cancel and terminate this Agreement for good cause effective immediately upon

written notice to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the

required services at the time and in the manner provided under this Agreement. If County terminates this

Agreement for good cause, the County may be relieved of the payment of any consideration to

CONTRACTOR, and the County may proceed with the work in any manner which County deems proper. The

cost to the County shall be deducted from any sum due the CONTRACTOR under this Agreement.

8. INDEMNIFICATION. Contractor shall indemnify, defend, and hold harmless the County of Monterey

hereinafter County"), its officers, agents and employees from any claim, liability, loss, injury or damage

arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees

or sub-contractors, excepting only loss, injury or damage caused by the negligence or willful misconduct of

personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest

possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees,

expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify,

defend and hold harmless the County under this Agreement.

9. INSURANCE.

9.01. Evidence of Coverage:

Prior to commencement of this Agreement, the Contractor shall provide a Certificate of

Insurance" certifying that coverage as required herein has been obtained. Individual endorsements

executed by the insurance carrier shall accompany the certificate. In addition, the Contractor upon

request shall provide a certified copy of the policy or policies.

PSA $100, 000 or Less, Revised 10/09/08 2 of 8 Project ID: Arbor WIA OJT Subcontract for follow-

up services  July 2010

 

 

BIB]

 

40388-U01

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3)-U012

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AMENDMENTS-U012

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10%),-U012

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SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

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AGREEMENT NO. A-11809 - ARBOR��This verification of coverage shall be sent to the County's contracts/Purchasing Department,

unless otherwise directed. The Contractor shall not receive a Notice to Proceed" with the work

under this Agreement until it has obtained all insurance required and the County has approved

such insurance. This approval of insurance shall neither relieve nor decrease the liability of the

Contractor.

9.02 Qualifying Insurers:

All coverage's, except surety, shall be issued by companies which hold a current policy holder's

alphabetic and financial size category rating of not less than A- VII, according to the current

Best's Key Rating Guide or a company of equal financial stability that is approved by the

County's Purchasing Manager.

9.03 Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to indemnify,

CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or

policies of insurance with the following minimum limits of liability:

Commercial general liability insurance, including but not limited to premises and operations,

including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability,

Broad form Property Damage, Independent Contractors, Products and Completed Operations, with

a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per

occurrence.

 Exemption/Modification Justification attached; subject to approval).

Business automobile liability insurance, covering all motor vehicles, including owned, leased,

non-owned, and hired vehicles, used in providing services under this Agreement, with a combined

single limit for Bodily Injury and Property Damage of not less than $500,000 per occurrence.

 Exemption/Modification Justification attached; subject to approval).

Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this

Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability

limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each

disease.

 Exemption/Modification Justification attached; subject to approval).

Professional liability insurance, if required for the professional services being provided, e.g.,

those persons authorized by a license to engage in a business or profession regulated by the

California Business and Professions Code), in the amount of not less than $1,000,000 per claim

and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in

the course of rendering professional services. If professional liability insurance is written on a

claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the

expiration or earlier termination of this Agreement, obtain extended reporting coverage tail

coverage") with the same liability limits. Any such tail coverage shall continue for at least three

years following the expiration or earlier termination of this Agreement.

 Exemption/Modification Justification attached; subject to approval).

9.04. Other Insurance Requirements:

All insurance required by this Agreement shall be with a company acceptable to the County and issued and

executed by an admitted insurer authorized to transact Insurance business in the State of California. Unless

otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the

PSA $100,000 or Less, Revised 10/09/08 3 of 8 Project ID: Arbor WIA OJT Subcontract for follow-

up services  July 2010

 

 

BIB]

 

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AGREEMENT NO. A-11809 - ARBOR��policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in

effect for a period of three years following the date CONTRACTOR completes its performance of services

under this Agreement.

Each liability policy shall provide that the County shall be given notice in writing at least thirty days in

advance of any endorsed reduction in coverage or limit, cancellation, or intended non-renewal thereof.

Each policy shall provide coverage for Contractor and additional insureds with respect to claims arising

from each subcontractor, if any, performing work under this Agreement, or be accompanied by a certificate

of insurance from each subcontractor showing each subcontractor has identical insurance coverage to the

above requirements.

Commercial general liability and automobile liability policies shall provide an. endorsement naming the

County of Monterey, its officers, agents, and employees as Additional Insureds with respect to liability

arising out of the CONTRACTOR'S work, including ongoing and completed operations, and shall further

provide that such insurance is primary insurance to any insurance or self-insurance maintained by the

County and that the insurance of the Additional Insureds shall not be called upon to contribute to a loss

covered by the CONTRACTOR'S insurance. The required endorsement form for Commercial General

Liability Additional Insured is ISO Form CG 20 10 11-85 or. CG 20.1010 01 in tandem with CG 20 3710

01 2000). The required endorsement form for Automobile Additional Insured endorsement is ISO Form

CA 2048 02 99.

Prior to the execution of this Agreement by the County, CONTRACTOR shall file certificates of insurance

with the County's contract administrator and County's Contracts/Purchasing Division, showing that the

CONTRACTOR has in effect the insurance required by this Agreement. The CONTRACTOR shall file a

new or amended certificate of insurance within five calendar days after any change is made in any

insurance policy, which would alter the information on the certificate then on file. Acceptance or approval

of insurance shall in no way modify or change the indemnification clause in this Agreement, which shall

continue in full force and effect.

CONTRACTOR shall at all times during the term of this Agreement maintain in force the insurance

coverage required under this Agreement and shall send, without demand by County, annual certificates to

County's Contract Administrator and County's Contracts/Purchasing Division. If the certificate is not

received by the expiration date, County shall notify CONTRACTOR and CONTRACTOR shall have five

calendar days to send in the certificate, evidencing no lapse in coverage during the interim. Failure by

CONTRACTOR to maintain such insurance is a default of this Agreement, which entitles County, at its

sole discretion, to terminate this Agreement immediately.

10. RECORDS AND CONFIDENTIALITY.

10.01. Confidentiality. CONTRACTOR and its officers, employees, agents, and subcontractors shall

comply with any and all federal, state, and local laws, which provide for the confidentiality of records and

other information. CONTRACTOR shall not disclose any confidential records or other confidential

information received from the County or prepared in connection with the performance of this Agreement,

unless County specifically permits CONTRACTOR to disclose such records or information.

CONTRACTOR shall promptly transmit to County any and all requests for disclosure of any such

confidential records or information. CONTRACTOR shall not use any confidential information gained by

CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out

CONTRACTOR's obligations under this Agreement.

PS4 $100,000 or Less, Revised 10/09/08 4 of 8 Project ID: Arbor WIA OJT Subcontract for follow-

up services  July 2010

 

 

BIB]

 

40388-U01

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CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��10.02. County Records. When this Agreement expires or terminates, CONTRACTOR shall return to

County any County records which CONTRACTOR used or received from County to perform services

under this Agreement.

10.03. Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and

records that may be required by federal, state, and County rules and regulations related to services

performed under this Agreement. CONTRACTOR shall maintain such records for a period of at least three

years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit

exception, or other action relating to this Agreement is pending at the end of the three year period, then

CONTRACTOR shall retain said records until such action is resolved.

10.04. Access to and Audit of Records. The County shall have the right to examine, monitor and audit

all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors related to

services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement

involves the expenditure of public funds in excess of $10,000, the parties to this Agreement may be subject,

at the request of the County or as part of any audit of the County, to the examination and audit of the State

Auditor pertaining to matters connected with the performance of this Agreement for a period of three years

after final payment under the Agreement.

10.05. Royalties and Inventions. County shall have a royalty-free, exclusive and irrevocable license to

reproduce, publish, and use, and authorize others to do so, all original computer programs, writings, sound

recordings, pictorial reproductions, drawings, and other works of similar nature produced in the course of

or under this Agreement. CONTRACTOR shall not publish any such material without the prior written

approval of County.

11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and its

subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,

sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age

over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of

services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and

applicants for employment and all persons receiving and requesting services are free of such discrimination,

CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all

federal, state, and local laws and regulations which prohibit discrimination. The provision of services

primarily or exclusively to such target population as may be designated in this Agreement shall not be

deemed to be prohibited discrimination.

12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or

will be funded with monies received by the County pursuant to a contract with the state or federal

government in which the County is the grantee, CONTRACTOR will comply with all the provisions of said

contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said

provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County

will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.

13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this

Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as

an employee of the County. No offer or obligation of permanent employment with the County or particular

County department or agency is intended in any manner, and CONTRACTOR shall not become entitled by

virtue of this Agreement to receive from County any form of employee benefits including but not limited to

sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.

CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including

federal and state income taxes and social security, arising out of CONTRACTOR's performance of this

PSA $100,000 or Less, Revised 10/09/08 5 of 8 Project ID: Arbor WIA OJT Subcontract for follow-

up services  July 2010

 

 

BIB]

 

40388-U01

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SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��Agreement. In connection therewith, CONTRACTOR shall defend, inw;mnify, and hold County harmless

from any and all liability which County may incur because of CONTRACTOR's failure to pay such taxes.

14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage

pre-paid mail to the County and CONTRACTOR'S contract administrators at the addresses listed below:

FOR COUNTY:

Loyanne Flinn, Acting WIB Executive Director

Name and Title

Monterey County Workforce Investment Board WIB)

730 La Guardia Street

Salinas, CA 93905

FOR CONTRACTOR:

Regional Director

Name and Title

1410 South Broadway, Suite C

Santa Maria, CA 93454

Address

831) 759-6644

Address

Phone 805)614-1399

Phone Phone

15. MISCELLANEOUS PROVISIONS.

15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to

acquire any interest during the term of this Agreement, which would directly, or indirectly conflict in

any manner or to any degree with the full and complete performance of the professional services

required to be rendered under this Agreement.

15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed

by the County and the CONTRACTOR.

15.03 Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed

by the County and the CONTRACTOR. A waiver of any of the terms and conditions of this

Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.

15.04 Contractor. The term CONTRACTOR" as used in this Agreement includes CONTRACTOR's

officers, agents, and employees acting on CONTRACTOR's behalf in the performance of this

Agreement.

15.05 Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.

15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its

interest or obligations in this Agreement without the prior written consent of the County. None of the

services covered by this Agreement shall be subcontracted without the prior written approval of the

County. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the

performance of all requirements of this Agreement.

15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the

County and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be

binding upon and inure to the benefit of the parties and their respective successors, permitted

assigns, and heirs.

P,SA $100,000 or Less, Revised 10/09108 6 of 8 Project ID: Arbor WIA OJT Subcontract for follow-

 up services  July 2010

 

 

BIB]

 

40388-U01

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AMENDMENTS-U012

DO-U012

EXCEED-U012

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10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and

local laws and regulations in performing this Agreement.

15.09 Headings. The headings are for convenience only and shall not be used to interpret the terms of this

Agreement.

15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.

15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of

California.

15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR

expressly reserve the right to contract with other entities for the same or similar services.

15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has fully

participated in the review and revision of this Agreement and that any rule of construction to the

effect that ambiguities are to be resolved against the drafting party shall not apply in the

interpretation of this Agreement or any amendment to this Agreement.

15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be

deemed an original, but all of which together shall constitute one and the same Agreement.

15.15 Authority. Any individual executing this Agreement on behalf of the County or the

CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter

into this Agreement on behalf of such party and bind the party to the terms and conditions of this

Agreement.

15.16 Integration, This Agreement, including the exhibits, represent the entire Agreement between the

County and the CONTRACTOR with respect to the subject matter of this Agreement and shall

supersede all prior negotiations, representations, or agreements, either written or oral, between the

County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the

County signs the Agreement.

15.17 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the

provisions of this Agreement and the Provisions of any exhibit or other attachment to this

Agreement, the provisions of this Agreement shall prevail and control.

PSA $100,000 or Less, Revised 10/09/08 7 of 8 Project ID: Arbor WIA OJT Subcontract for follow-

up services  July 2010

 

 

BIB]

 

40388-U01

AGREEMENT-U02

NO.-U02

A-11809-U02

U02

ARBOR-U02

CAREER-U02

CENTER-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93666-U03

DO93961-U03

C5-U03

AGREEMENTS-U03

7/29/2010-U04

RIVASR-U04

15347-U05

20-U06

A.-U07

APPROVE-U07

EXTENSION-U07

OF-U07

WORKFORCE-U07

INVESTMENT-U07

ACT-U07

WIA)-U07

TITLE-U07

I-U07

ADULT-U07

SUBCONTRACTS-U07

SHORELINE-U07

WORKFORCE-U07

511-DSS-U08

OLDS-U09

ANNA-U09

OLDSAM-U10

7/19/2010-U011

DEVELOPMENT-U012

SERVICES-U012

TURNING-U012

POINT-U012

OF-U012

CENTRAL-U012

CALIFORNIA,-U012

IN-U012

AMOUNT-U012

OF-U012

$881,250-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JUNE-U012

30,-U012

2011;-U012

B.-U012

APPROVE-U012

EXTENSION-U012

OF-U012

WORKFORCE-U012

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ACT-U012

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TITLE-U012

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ADULT-U012

SUBCONTRACT-U012

ARBOR-U012

CAREER-U012

CENTER,-U012

IN-U012

AMOUNT-U012

OF-U012

$18,750-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

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THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��                     IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and

year written below.

By:

COUNTY OF MONTEREY

Contracts/Purchasing Manager

By:

CONTRACTOR

Arbor E&T, LLC

Date:

By:

Date:

Department Head if applicable)

Approved as to Form'

By:

Date:

Approved as tg Fiscal Provisions

By:

udilr/ContrPler

Date: 10

Approved as to Liability Provisions3

By:

Risk Management

Date:

Date:

By:

Date:

Contractor's Business Name*

ignature Chair, President, or

Vice-President)*

W-~- 4z

Signature of Secretary, As t. Secretary, CIO,

Treasurer or Asst. Treasurer)*

Name and Title

*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full legal name of

the corporation shall be set forth above together with the signatures of two specified officers. If CONTRACTOR is a partnership, the

name of the partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement

on behalf of the partnership. If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the

business, if any, and shall personally sign the Agreement.

Approval by County Counsel is required only if changes are made to the standard provisions of the PSA

Approval by Auditor/Controller is required

Approval by Risk Management is required only if changes are made in paragraph 8 or 9

PSA $100,000 or Less, Revised 10/09/08 8 of 8 Project ID: Arbor WIA OJT Subcontract

PY July 2010

 

 

BIB]

 

40388-U01

AGREEMENT-U02

NO.-U02

A-11809-U02

U02

ARBOR-U02

CAREER-U02

CENTER-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93666-U03

DO93961-U03

C5-U03

AGREEMENTS-U03

7/29/2010-U04

RIVASR-U04

15347-U05

20-U06

A.-U07

APPROVE-U07

EXTENSION-U07

OF-U07

WORKFORCE-U07

INVESTMENT-U07

ACT-U07

WIA)-U07

TITLE-U07

I-U07

ADULT-U07

SUBCONTRACTS-U07

SHORELINE-U07

WORKFORCE-U07

511-DSS-U08

OLDS-U09

ANNA-U09

OLDSAM-U10

7/19/2010-U011

DEVELOPMENT-U012

SERVICES-U012

TURNING-U012

POINT-U012

OF-U012

CENTRAL-U012

CALIFORNIA,-U012

IN-U012

AMOUNT-U012

OF-U012

$881,250-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JUNE-U012

30,-U012

2011;-U012

B.-U012

APPROVE-U012

EXTENSION-U012

OF-U012

WORKFORCE-U012

INVESTMENT-U012

ACT-U012

WIA)-U012

TITLE-U012

I-U012

ADULT-U012

SUBCONTRACT-U012

ARBOR-U012

CAREER-U012

CENTER,-U012

IN-U012

AMOUNT-U012

OF-U012

$18,750-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

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EMPLOYMENT-U012

SERVICES,-U012

OR-U012

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DESIGNEE,-U012

TO-U012

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TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��

IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and

year written below.

By:

COUNTY OF MONTEREY

Contracts/Purchasing Manager

By:

CONTRACTOR

Arbor E&T, LLC

Date:

By:

Department Head if applicable)

Date:

Approved as to Form'

By:

County Counsel

Date:

Contractor's Business Name*

Signature of Chair, President, or

Vice-President)*

Name and Title

Date:

Approved as to Fiscal Provisions2

By:

Auditor/Controller

Date:

Approved as to Liability Provisions3

By:

Risk Management

Date:

By:

Date:

01 CON- U S U P

Signature of Secretary, Asst. Secret  CFO,

Treasurer or Asst. Treasurer)*

tAY)"]\"'i  SCnl'or ul'e2. l C_

Name and Title

*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full legal name of

the corporation shall be set forth above together with the signatures of two specified officers. If CONTRACTOR is a partnership, the

name of the partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement

on behalf of the partnership. If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the

business, if any, and shall personally sign the Agreement.

Approval by County Counsel is required only if changes are made to the standard provisions of the PSA

2Approval by Auditor/Controller is required

3Approval by Risk Management is required only if changes are made in paragraph 8 or 9

PSA $100, 000 or Less, Revised 10/09/08 8 of 8 Project ID: Arbor WIA OJT Subcontract

PTA July 2010

 

 

BIB]

 

40388-U01

AGREEMENT-U02

NO.-U02

A-11809-U02

U02

ARBOR-U02

CAREER-U02

CENTER-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93666-U03

DO93961-U03

C5-U03

AGREEMENTS-U03

7/29/2010-U04

RIVASR-U04

15347-U05

20-U06

A.-U07

APPROVE-U07

EXTENSION-U07

OF-U07

WORKFORCE-U07

INVESTMENT-U07

ACT-U07

WIA)-U07

TITLE-U07

I-U07

ADULT-U07

SUBCONTRACTS-U07

SHORELINE-U07

WORKFORCE-U07

511-DSS-U08

OLDS-U09

ANNA-U09

OLDSAM-U10

7/19/2010-U011

DEVELOPMENT-U012

SERVICES-U012

TURNING-U012

POINT-U012

OF-U012

CENTRAL-U012

CALIFORNIA,-U012

IN-U012

AMOUNT-U012

OF-U012

$881,250-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JUNE-U012

30,-U012

2011;-U012

B.-U012

APPROVE-U012

EXTENSION-U012

OF-U012

WORKFORCE-U012

INVESTMENT-U012

ACT-U012

WIA)-U012

TITLE-U012

I-U012

ADULT-U012

SUBCONTRACT-U012

ARBOR-U012

CAREER-U012

CENTER,-U012

IN-U012

AMOUNT-U012

OF-U012

$18,750-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��
EXHIBIT A

SCOPE OF SERVICES/PAYMENT PROVISIONS

PROGRAM OVERVIEW/SUMMARY

Arbor's subcontract is for the period of July 1, 2010 and ends on July 31, 2010 one month) for a total contract obligation

of $18,750 to allow Arbor to close out operations and provide follow-up services to help customers keep their jobs once

they are placed in unsubsidized employment.

This contract excludes new enrollments and focuses solely on follow-up and the transition of program services to the active

Workforce Investment Act WIA) Adult OJT subcontractors for any individuals that continue to need services after July 31,

2010.

Follow-up services are measured by three Department of Labor Common Measures that include entered employment rate,

retention rate, and average earnings. The purpose of these measures is to identify core areas of the workforce system that

impact the number of people who found jobs; whether or not they stayed employed; and what they earned.

Arbor is responsible for making contact with the WIA participant to determine their employment status after exiting

Arbor's active WIA program as of June 30, 2010. Individuals will be re-evaluated after the client leaves the program for

performance measurement data collection, The information will be used by the Monterey County Workforce Investment

Board to determine the quality of any placement and Arbor's overall program performance, to monitor customer

satisfaction and to obtain information on clients that may be used to measure performance outcomes.

On-the-Job Training participants requiring additional follow-up services beyond Arbor's contract period ending July 31,

2010 will be referred to active Workforce Investment Act WIA) Adult OJT subcontractors Shoreline Workforce

Development Services and Turning Point of Central California) through a coordinated referral process to ensure successful

communication and the achievement of local performance standards.

Payment Provisions

ARBOR will be paid on a cost reimbursement basis within the limits of the approved line item budget on Exhibit B.

Page I of 1

 

 

BIB]

 

40388-U01

AGREEMENT-U02

NO.-U02

A-11809-U02

U02

ARBOR-U02

CAREER-U02

CENTER-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93666-U03

DO93961-U03

C5-U03

AGREEMENTS-U03

7/29/2010-U04

RIVASR-U04

15347-U05

20-U06

A.-U07

APPROVE-U07

EXTENSION-U07

OF-U07

WORKFORCE-U07

INVESTMENT-U07

ACT-U07

WIA)-U07

TITLE-U07

I-U07

ADULT-U07

SUBCONTRACTS-U07

SHORELINE-U07

WORKFORCE-U07

511-DSS-U08

OLDS-U09

ANNA-U09

OLDSAM-U10

7/19/2010-U011

DEVELOPMENT-U012

SERVICES-U012

TURNING-U012

POINT-U012

OF-U012

CENTRAL-U012

CALIFORNIA,-U012

IN-U012

AMOUNT-U012

OF-U012

$881,250-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JUNE-U012

30,-U012

2011;-U012

B.-U012

APPROVE-U012

EXTENSION-U012

OF-U012

WORKFORCE-U012

INVESTMENT-U012

ACT-U012

WIA)-U012

TITLE-U012

I-U012

ADULT-U012

SUBCONTRACT-U012

ARBOR-U012

CAREER-U012

CENTER,-U012

IN-U012

AMOUNT-U012

OF-U012

$18,750-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��

MONTEREY COUNTY

WORKFORCE INVESTMENT BOARD

AGENCY: Arbor E&T LLC

EXHIBIT B

LINE ITEM BUDGET

2010-11

ADULT SUBCONTRACT

Effective Date: July 1  31, 2010 one month)

Contractor must ensure that planned expenditures prorated to and within this budget are In accordance

with reasonable and recognized methods of allocating costs.)

ITEMIZED BUDGET CATEGORIES

8500

8500

8500

8500

8500

8500

8500

8500

8500

8500

8500

8500

8500

8500

STAFF SALARIES AND BENEFITS

SERVICES AND SUPPLIES

Building Rent

Janitorial

Utilities

Postage and Shipping

Office supplies-( Shredding cost)

Equipment Maintenance

Equipment Lease/Rental

Communications/Internet

Insurance

Employee travel/Mileage

Other Professional Services-Audit

TOTAL SERVICES AND SUPPLIES

Central Operating expenses  Indirect 9.88%)

Profit 6 %)

a200.0.15 a200.0.04 TOTAL

CORE SERVICE INTENSIVE BUDGET

$ 1,323.60 $ 11,912.40 $ 13,236.00

 

$ 156.50 $ 1,408.50 $ 1, 565.00

 

 

$ 30.00 $ 270.00 $ 300.00

$ 40,00 $ 360.00 $ 400.00

 

 

$ 35.00 $ 315.00 $ 350.00

$ 11.20 $ 100.80 $ 112.00

$ 10.00 $ 90.00 $ 100.00

$ 3.50 $ 31.50 $ 35.00

$ 1,609.80 $ 14,488.20 $ 16,098.00

 

159.10 1,431.90 $ 1,591.00

106.10 954.90 $ 1,061.00

 

 

BIB]

 

40388-U01

AGREEMENT-U02

NO.-U02

A-11809-U02

U02

ARBOR-U02

CAREER-U02

CENTER-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93666-U03

DO93961-U03

C5-U03

AGREEMENTS-U03

7/29/2010-U04

RIVASR-U04

15347-U05

20-U06

A.-U07

APPROVE-U07

EXTENSION-U07

OF-U07

WORKFORCE-U07

INVESTMENT-U07

ACT-U07

WIA)-U07

TITLE-U07

I-U07

ADULT-U07

SUBCONTRACTS-U07

SHORELINE-U07

WORKFORCE-U07

511-DSS-U08

OLDS-U09

ANNA-U09

OLDSAM-U10

7/19/2010-U011

DEVELOPMENT-U012

SERVICES-U012

TURNING-U012

POINT-U012

OF-U012

CENTRAL-U012

CALIFORNIA,-U012

IN-U012

AMOUNT-U012

OF-U012

$881,250-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JUNE-U012

30,-U012

2011;-U012

B.-U012

APPROVE-U012

EXTENSION-U012

OF-U012

WORKFORCE-U012

INVESTMENT-U012

ACT-U012

WIA)-U012

TITLE-U012

I-U012

ADULT-U012

SUBCONTRACT-U012

ARBOR-U012

CAREER-U012

CENTER,-U012

IN-U012

AMOUNT-U012

OF-U012

$18,750-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��

EXHIBIT D

OTHER TERMS AND CONDITIONS

The following applies to all programs and/or projects funded under the Workforce Investment Act W.I.A.) conducted by

Arbor E&T, LLC hereinafter referred to as CONTRACTOR. The County of Monterey Board

of Supervisors, acting as the Local Workforce Investment Area LWIA), is hereinafter referred to as County" or Workforce

Investment Board WEB).

5. ADDITIONAL PERFORMANCE STANDARDS

5.04. The CONTRACTOR shall comply with all the Special Provisions/Conditions and Assurances of this Contract; the

requirements of W.I.A. and the regulations promulgated under W.I.A.; all applicable terms and conditions imposed

and required by any grant between the County and the State of California State); and any subsequent revisions

and/or modifications of it; any administrative and/or statutory requirements imposed by the State, although the

State is not a direct party to this Contract.

5.05. In the event there is a conflict between the provisions of this Contract, the provisions of the W.I.A. Plan, including

the attachments hereto and the documents incorporated therein as presently worded or as amended in the future, the

parties hereto agree that the provisions of said plan as defined by County within the context of the 5-year LWIA

Job Training Plan shall prevail.

5.06. The CONTRACTOR, commencing as of the date of execution of this Contract by both parties, shall perform all

the functions set forth in the Description of Program. Adequate performance under this Contract is essential and

the CONTRACTOR shall measure its performance results against goals and performance standards provided by

this Contract. Measured performance below goals standards will constitute noncompliance with the terms of this

Contract.

5.07. CORRECTIVE ACTION PLAN: It is the responsibility of the CONTRACTOR to bring to the attention of the

County areas of performance which are below goals and standards and, with respect to each such area, prepare a

corrective action plan or a statement justifying modification of operational plans. In addition, upon receipt of any

monitoring report or other communication identifying areas of concern, a corrective action plan must be submitted

to the County within the time frame identified in the report. A corrective action plan shall consist of the following:

a) Specific Actions to be taken

b) The objective of each action

c) Completion dates

d) Person(s) responsible

e) Result to be accomplished.

The CONTRACTOR shall submit all corrective plans to WIB staff for written approval. If approved, the

CONTRACTOR shall keep the County aware on a continued basis of the results of the corrective action plan. The

County reserves the right to require modifications to the corrective action plan, satisfactory to the County, in the

event of failure by the CONTRACTOR to achieve the specified results.

6. PAYMENT/REIMBURSEMENTS/ADJUSTMENTS CONDITIONS-Additional Provisions

Page 1 of 9

 

 

BIB]

 

40388-U01

AGREEMENT-U02

NO.-U02

A-11809-U02

U02

ARBOR-U02

CAREER-U02

CENTER-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93666-U03

DO93961-U03

C5-U03

AGREEMENTS-U03

7/29/2010-U04

RIVASR-U04

15347-U05

20-U06

A.-U07

APPROVE-U07

EXTENSION-U07

OF-U07

WORKFORCE-U07

INVESTMENT-U07

ACT-U07

WIA)-U07

TITLE-U07

I-U07

ADULT-U07

SUBCONTRACTS-U07

SHORELINE-U07

WORKFORCE-U07

511-DSS-U08

OLDS-U09

ANNA-U09

OLDSAM-U10

7/19/2010-U011

DEVELOPMENT-U012

SERVICES-U012

TURNING-U012

POINT-U012

OF-U012

CENTRAL-U012

CALIFORNIA,-U012

IN-U012

AMOUNT-U012

OF-U012

$881,250-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JUNE-U012

30,-U012

2011;-U012

B.-U012

APPROVE-U012

EXTENSION-U012

OF-U012

WORKFORCE-U012

INVESTMENT-U012

ACT-U012

WIA)-U012

TITLE-U012

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ADULT-U012

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ARBOR-U012

CAREER-U012

CENTER,-U012

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AMOUNT-U012

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$18,750-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

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&-U012

EMPLOYMENT-U012

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HIS-U012

DESIGNEE,-U012

TO-U012

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THREE-U012

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AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

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AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��6.03. CONTRACTOR shall maintain a financial management system that complies with Monterey County WIB adopted

standards and as directed by the State of California. Fiscal accounts will be maintained in a manner sufficient to

permit reports required by the WIB or the State of California to be prepared.

6.04. PAYMENT ADJUSTMENTS: If any funds are expended by the CONTRACTOR in violation of the terms of this

Contract including all applicable statutes, regulations, guidelines, WIB Bulletins), the County may deduct the

amount of such unauthorized or illegal expenditures from payments otherwise payable to CONTRACTOR in order

to recover any amount expended for unauthorized purposes in the current or immediate preceding fiscal year. No

such action taken by County shall entitle the CONTRACTOR to reduce program operations or salaries, wages,

fringe benefits, or services for any program participant. Any such reduction in expenditures may be deemed

sufficient cause for termination of this Contract. Within thirty 30) days of request by County, CONTRACTOR shall

reimburse County for any payments made for expenditures, which are in violation of this Contract,

6.05. PAYMENT OF AUTHORIZED EXPENDITURES: Subject to receipt of funds from State, County agrees to

reimburse CONTRACTOR for expenditures authorized in the program budget. Financial reports and invoices are

due to the fiscal department of the Office for Employment Training OET) by the 15a' working day of each month

and shall include all obligations, expenditures and accruals incurred during the previous month, unless otherwise

specified by the WIB. OET shall pay the certified invoice within 30 days of receiving the certified invoice.

Financial information reported on claims must be directly linked to records maintained by the CONTRACTOR

which support actual delivery of services as outlined in the existing contract between the subagent and the LWIA.

The LWIA shall be the sole judge of what constitutes adequate supporting documentation.

6.06. FISCAL RESPONSIBILITIES

6.06.01. No cost shall be allowed under this Contract which is not specifically identified in CONTRACTOR

approved budget or schedule of payment. CONTRACTOR shall not transfer funds between cost categories

or adjust designated total budget" line items without prior written approval by authorized WIB staff

applicable to cost reimbursement contracts only). Invoices for reimbursement submitted by

CONTRACTOR that include designated total line item expenditures above the total budget for that

designated line item will not be paid until the cost overrun is reconciled. Budget line items noted in italics

are not subject to reconciliation if variance occurs except the total budget for the italicized category. All

limitations on expenditures specified in Federal and State fiscal requirements shall apply to this Contract.

6.06.02. CONTRACTOR shall not charge nor receive compensation under this Contract for any services or

expenses unless said services or expenses are directly and exclusively related to the purpose of this

Contract. In addition, payment may not be received by CONTRACTOR from any other source for said

services or expenses. Moreover, funds shall not be allowed for cost incurred before or after the effective

dates of this Contract, Funds shall not be based as security or payment for obligations nor as loans for

activities of other funded programs.

6.06.03. CONTRACTOR shall have adequate administrative and accounting controls, personnel standards,

evaluation procedures and other policies to promote the program's effective use of funds provided under

this Contract.

6.06.04. CONTRACTOR shall submit to the WIB all required reports on a timely basis as delineated by the WIB.

Original OJT contracts copies will not be accepted) must be submitted to the WIB no later than 3 days

after the contract start date. Participant enrollment data not on file with the WIB at the time of OJT

contract submittal will result in a negative evaluation. All such evaluations will be provided to the WIB as

part of their Oversight and Evaluation responsibilities.

Page 2 of 9

 

 

BIB]

 

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AGREEMENT NO. A-11809 - ARBOR��6.06.05. CONTRACTOR must submit to the WIB deobligations for OJT contracts ending prior to the scheduled

contract end date. These deobligations must be submitted no later than 15 working days following the OJT

contract earlier ending date.

6.07. Notwithstanding any other provisions of this Contract, County may elect not to make a particular payment on

account of this Contract if.

a) MISREPRESENTATION: CONTRACTOR, with or without knowledge, shall have made any

misrepresentation of a substantial and material nature with respect to any information furnished to County.

b) LITIGATION: There is then pending litigation with respect to the performance by CONTRACTOR of any of

its duties or obligations hereunder which may jeopardize or adversely affect carrying out the project, including

any court action or proceeding involving the Federal Bankruptcy Act.

c) DEFAULT: CONTRACTOR is in default under any provision of this Contract.

6.07, PROGRAM INCOME/UNEXPENDED FUNDS.

6.08.01. Public or private non-profit CONTRACTOR revenues received in excess of costs which have been

properly earned) and which are received in addition to payments made by County to CONTRACTOR

are to be treated as program income. Accordingly, these funds may be retained by the service provider to

underwrite additional training or training related services pursuant to the project or program that

generated them, consistent with the purposes of W.I.A. When CONTRACTOR ultimately discontinues

the provision of all W.I.A. training and/or services described in this Contract, program income remaining

shall be returned to the County.

6.08.02. Return of Unexpended Funds. CONTRACTOR agrees that either upon completion or termination of this

Contract, any unexpended and/or unauthorized funds received shall be promptly returned to County.

6.09. DISALLOWED COSTS: The CONTRACTOR has full responsibility to ensure the proper expenditure of W.I.A.

funds paid to it under its Contract with County. Any funds expended by CONTRACTOR under a Contract from the

County, which are later determined not to have been allowable, must be immediately refunded to the County.

6.09.01. CONTRACTOR shall be notified of all final determinations made by the LWIA regarding audit reports,

independent monitoring reports, and LWIA administrative findings by a final determination letter.

6.09.02. CONTRACTOR may appeal or seek a legal determination with regard to any such disallowance. During

the pending of any such appeal or legal action, CONTRACTOR must deposit funds in the total amount

disallowed in an interest bearing escrow account or provide the County with acceptable security for such

funds. At the conclusion of the appeal, the interest earned shall be divided proportionately with the

deposited funds according to the ruling on the deposited funds.

6.09.03. If CONTRACTOR fails to refund any disallowed cost and further fails to place the funds in an escrow

account or to provide adequate security therefore within 30 days, County may, at its sole discretion,

terminate any and all Contracts with CONTRACTOR effective immediately thereon.

Page 3 of 9

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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AGREEMENT NO. A-11809 - ARBOR��6.10. STAFF SALARY LIMITATIONS

6.10.01. Personnel whose time is charged to the Program Budget under this Contract or subcontract shall be paid

on a pro-rata basis commensurate with the percentage of time devoted to the program. Personnel costs

including salary shall be reasonable. Employees of CONTRACTOR shall be compensated under this

Contract only for work performed under the terms of this Contract.

6.10.02. County shall not pay, and CONTRACTOR shall not request payment for any accrued employee fringe

benefits including vacation and sick time), which were not accrued by CONTRACTOR employees

during the term of this Contract.

6.11. PER DIEM AND TRAVEL: Mileage payments when permitted should be made at the agency rate per mile, but the

rate cannot exceed the amount allowed by the County of Monterey.

6.12. SUSPENSION OR REDUCTION OF FUNDING: County may suspend payments to CONTRACTOR prior to

termination in whole or in part for cause. Cause shall include the following:

a) Failure to comply in any respect with either the terms and/or conditions of this Contract, or

b) Submission to County of reports that are incorrect or incomplete in any substantial and material respect, or

c) Termination or suspension by the State of the grant to the County.

6.12.01. County may withhold payment of any unearned portion of the grant if CONTRACTOR is unable or

unwilling to accept any additional conditions that may be required by law, by executive order, by

regulation, or by other policy announced by State at any time. Upon suspension of funds, CONTRACTOR

agrees not to expend any funds related to or connected with any area of conflict concerning which County

has determined that suspension of funds is necessary.

6.12.02. Failure of the CONTRACTOR to satisfy administrative standards and/or performance goals may result in

the immediate reduction of service levels to applicants and/or enrollees by the County. Such reduction will

be accompanied by a proportionate decrease in obligated contract funds.

7. ADDITIONAL TERMINATION CONDITIONS

7.02.01.This Contract may be terminated immediately in whole or in part for cause, which shall include, but is not

limited to the

a) Suspension or termination by State of California of the grant to County under which this Contract is

made, or

b) Improper use of funds furnished under this Contract.

7.03. The CONTRACTOR shall have the right of appeal in the event of termination for cause only. Regular appeal

procedures for resolving disputes may be utilized, except that if CONTRACTOR has failed to submit its appeal

within fifteen 15) days from the date of termination notice, CONTRACTOR shall have no right to appeal. In any

case, where County has made a determination of the amount due to CONTRACTOR, County shall pay to the

CONTRACTOR the following:

Page 4 of 9

 

 

BIB]

 

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10%),-U012

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SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��a) If there is no right of appeal hereunder or if no timely appeal has been taken, the amount determined by

County, or

b) If an appeal has been taken, the amount finally determined by such appeal.

10. RECORDS AND CONFIDENTIALITY  Additional Provisions

10.04.01. The expenditure of W.I.A. funds is subject to independent audit under the Single Audit Act of 1984 and

the Single Audit Act Amendments of 1996. CONTRACTOR must furnish the Monterey County Office for

Employment Training OET) with an audit report within thirty 30) days of the completion of the audit but

not more than nine 9) months after the end of the audit period.

10,04.02. Audit requirements are stipulated by the Office of Management and Budget OMB) Circular A-133.

10.04.02.01. As a condition of receiving W.I.A. funds, the independent auditor or monitor of the LWIA,

the Employment Development Department EDD) auditors, investigators, monitors, and their

representatives, shall at all times during the period that the grant is in force and for a period of

four years thereafter, have access to all related records and financial statements and to

individuals with knowledge of the records and financial statements as may be necessary to

ensure compliance to the W.I.A. law, regulations, and directives.

10.04.02.02. Each LWIA will conduct and ensure that their subrecipients, expending a combined total of

$300,000 or more in federal funds in fiscal years ending on or before December 31, 2003, or

$500,000 or more of federal funds in fiscal years ending after December 31, 2003, conducts

an audit in accordance with Section 184 of W.I.A., Title 20 CFR Section 667.200, Title 29

CPR Part 95 or 97 as applicable), and Title 31 USC Chapter 75.

10.04.02.03. All documents, records, work papers, etc. associated with the audit shall be retained for a

minimum of three 3) years after the issuance of the audit report. If, prior to the expiration of

the three year time period, any audit resolution, litigation, or claim is instituted involving the

grant covered by the records, the CONTRACTOR shall retain the documentation beyond the

period until the audit findings, litigation, or claim has been finally resolved and written

notification is received from the Director of the Employment Development Department

regarding destruction.

10.04.03. Board Minutes. CONTRACTOR shall have available for W.I.A. review copies to all Board or Council

minutes in which the W.I.A. program is discussed.

10.04.04. Public Statements/Press Releases. Prior to release, CONTRACTOR shall submit any press release or

statement to the public related to this Contract to WIB for review and approval.

10.04.05. CONTRACTOR shall submit to County all required reports on a timely basis as delineated by County.

CONTRACTOR shall submit written monthly status reports covering such items as progress of work

being performed, milestones attained, resources expended, problems encountered and corrective action

taken or other reports determined to be necessary by the WIB. These reports are due to the WIB by the

15th working day of each month. CONTRACTOR also shall submit on a timely basis all required

contract supplemental documents.

Page 5 of 9

 

 

BIB]

 

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AGREEMENT NO. A-11809 - ARBOR��10.04.06. CONTRACTOR shall make available to the County, upon request, a complete and detailed record or cost

allocation of any expenses that are in whole or part supported with program funds. This detailed account

shall include percentages and total contributions from both W.I.A. and non-W.I.A. sources. Shared

expenses may include, but are not necessarily limited to the following: staff salaries, facilities, equipment,

etc.

11. NON-DISCRIMINATION/AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY  Additional

Provisions

11.01. CONTRACTOR will take affirmative action to ensure that applicants and employees are treated during

employment or services without regard to their race, color, religion, sex, citizenship, national origin, handicap, age,

political affiliation or beliefs. Such action shall include, but not be limited to, the following:

11.02. Recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation,

demotion or transfer, job assignments, working conditions, hiring, training, and selection for training

including apprenticeship, and all terms and conditions of employment.

11.03. CONTRACTOR will comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment

Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in the Department

of Labor regulations, 41 CFR 60, 29 CFR 97.36 i) 1-13), 29 CFR 37.20 a) 1), and other pertinent Federal, State

and local Equal Employment Opportunity and Affirmative Action regulations, guidelines and policies pertaining to

W.I.A. participants and CONTRACTOR staff.

11.04. CONTRACTOR will be governed by W.I.A. procedures relating to complaints alleging violations of the Act,

regulations, grant, other Contracts under the Act including terms and conditions of employment. Participants will be

notified in writing, upon enrollment into employment or training, of the W.I.A. Complaint Procedures including

notification of their right to file a complaint and instructions on how to do so. Complaint Procedures include: 1) the

right to file a complaint, 2) the opportunity to resolve complaints informally 3) written notice of hearings, and 4) a

final decision within sixty 60) days of the date of filing.

11.05. PERSONNEL PROCEDURES: CONTRACTOR shall ensure equal employment opportunity based on objective

personnel policies and practices for recruitment, selection, promotion, classification, compensation, performance

evaluation, and employee-management relations.

13. ADDITIONAL INDEPENDENT CONTRACTOR CONDITIONS

13.01. CONTRACTOR is not in a Local Workforce Investment Area contractual relationship with the State and therefore

shall be governed in. the operation of the program by this Contract.

14. ADDITIONAL NOTICE CONDITIONS

14.01. Notice shall be effective on the date personal service is effected or the date of the signature of the return receipt.

15. ADDITIONAL GENERAL REQUIREMENTS

15.01.01. Conflict of Interest. CONTRACTOR shall not pay compensation in any form to a person employed by

County within the preceding two years, if such person in any way participated in any action or decision

which affected the economic interest of CONTRACTOR or the action or decision was one which

affected the CONTRACTOR's interest as a member of the public or a significant segment of the public,

Page 6 of 9

 

 

BIB]

 

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CENTER,-U012

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AMOUNT-U012

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$18,750-U012

PERIOD-U012

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JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��or as a member of an industry, profession or occupation to no greater extent than any other member of

the public, industry, profession or occupation.

15.02.01. Amendment to Contract. This Contract contains the full and complete understanding between the parties

subject to any applicable laws, rules, and regulations. County may issue administrative directives and/or

unilateral Contract amendments concerning interpretations of federal rules and regulations, directives

received from State and/or requests from the Board of Supervisors that may require changes in

procedures by CONTRACTOR. CONTRACTOR shall be deemed responsible for complying with such

administrative directives and/or amendments only after being formally notified in writing of the

appropriate action necessary. CONTRACTOR may initiate requests for Contract amendments, including

budget line-item amendments, only once per fiscal quarter. All requests for Contract amendment must

provide a detailed justification for such an amendment.

15.13.01. Civil Code Section 1654. It is agreed and understood by the parties hereto that this Contract has been

arrived at through negotiation and that neither party is to be deemed the party which prepared this

Contract within the meaning of Civil Code Section 1654.

15.15.01. Authority to Bind Contractor. Prior to the execution of this Contract, CONTRACTOR shall furnish

County in writing, a list of persons authorized to execute on behalf of CONTRACTOR: Contracts,

modifications to Contracts, invoices or other documents as may be required by County. The above list

should include signatures of all authorized individuals and be certified by CONTRACTOR governing

body. In the event authority is delegated to a position e.g., President,-Vice President, Treasurer), rather

than to an individual, the list of positions so authorized shall be furnished including signatures of present

position holders.

15.18. CONTRACTOR will assure that all customers first register through the Virtual One Stop Case Management System:

http://www.onestol2i-nontergy.org/

15.19. CONTRACTOR will assure that customers utilize the Virtual One Stop Case Management System for the provision

of core services.

15.20. Customer follow-up services must be performed no later than 30 days and 90 days after services are rendered.

15.21. Customers accessing OJT or Classroom Training funds administered by the WIB must first receive at least one Core

Service and Intensive Service and must meet one of the following WIB established priorities:

15.21.01. Those who are most able to benefit and whose services will result in the biggest return on investment.

This included individuals who are currently receiving some kind of public assistance, including, but not

limited to cash aid and unemployment insurance.

15.21.02. Those who are currently underemployed, as defined by working part or full time, but unable to tarn self-

sufficiency wages.

15.22. Customers shall. not be liable for outstanding charges as a result of registration or enrollment in a training program

or training activity provided under this Contract.

15.23. County Contract Administrator, The Executive Director of the Workforce Investment Board or his designee is

authorized and directed, for and on behalf of County, to administer this Contract and all related matters in

connection herewith and his or her decision shall be final.

Page 7 of 9

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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HIS-U012

DESIGNEE,-U012

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SIGN-U012

UP-U012

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THREE-U012

3)-U012

AMENDMENTS-U012

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AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��15.24. Referrals from Fee Service Agencies. CONTRACTOR shall not accept referrals for participant positions funded

under this Contract from any agency which charges a fee to either the individual being referred or the employing

agency for the services rendered. Charges incurred in violation of this clause shall be the sole responsibility of the

CONTRACTOR, and shall not be charged to either this Contract or the participant employee under this agreement.

15.25. Pro e  Title to non-expendable property with a unit value in excess of $1,000,00 acquired with program funds

and with a life expectancy of one year or more in accordance with approved budgets, vests in the County subject to

use for program purposes by the CONTRACTOR during the term of the use, accountability, maintenance,

protection and preservation of such property insurance to cover the loss or theft of said equipment is due at WIB

within 30 days of execution of this Contract, Upon completion of program, all such property shall be transferred to

the possession of the County in accordance with the instruction of County.

15.25.01. CONTRACTOR shall obtain advance written approval of County for purchase of any non-expendable

equipment having a unit purchase price of $1,000.00 or more, and use expectancy in excess of one year.

15.25.02 All capital equipment shall be properly identified by serial number and inventoried by CONTRACTOR.

This inventory shall be submitted to County and updated by CONTRACTOR as purchases are made.

15.26. Maintenance of Effort, The CONTRACTOR shall comply with the following maintenance of effort requirements:

a) Participant positions funded through this Contract are in addition to those that would otherwise be financed by

CONTRACTOR without assistance under W.I.A.

b) Positions requested shall: 1) result in an increase in employment opportunities over those that would otherwise

be available; 2) not result in the displacement of currently employed workers, including partial displacement

such as a reduction in hours of non-overtime work, wages or employment benefits; 3) not impair existing

contracts for service or result in a substitution of Federal funds for other funds in connection with work that

would otherwise be performed; substitute public service and/or work experience positions for existing jobs.

c) CONTRACTOR will not terminate, lay off or reduce the working hours of an employee for the purpose of

hiring an individual with funds available under W.I.A.

d) CONTRACTOR will not hire any person under W.I.A. when any other person is on lay-off for the same or

substantially equivalent job.

15.27.1. Other Program Obligations. As a condition to the award of financial assistance under Title I of W.I.A. from the

Department of Labor, the CONTRACTOR assures, with respect to operation of the W.I.A.-funded program or

activity and all Contracts or arrangements to carry out the W.I.A. funded program or activity, that it will comply

fully with the WIA Section 188 nondiscrimination and equal opportunity provisions of the Workforce Investment

Act of 1998 W.I.A), including the Nontraditional Employment for Women Act of 1991; Title VI of the Civil

Rigbts Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination

Act of 1975, as amended; title IX of the Education Amendments of 1972, as amended; and with all applicable

requirements imposed by, or pursuant to regulations implementing those laws, including but not limited to 29 CFR

part 34. The United States has the right to seek judicial enforcement of this assurance.

The LWIA, State of California, and the Department of Labor shall have unlimited rights to any data first produced

or delivered under the Contract Contracts which involve the use/development of computer programs/applications,

or the maintenance of databases or other computer data processing program, including the inputting of data):

Page 8 of 9

 

 

BIB]

 

40388-U01

AGREEMENT-U02

NO.-U02

A-11809-U02

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ARBOR-U02

CAREER-U02

CENTER-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93666-U03

DO93961-U03

C5-U03

AGREEMENTS-U03

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RIVASR-U04

15347-U05

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APPROVE-U07

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AGREEMENT NO. A-11809 - ARBOR��The LWIA, State of California, and the Department of Labor reserve a royalty-free, nonexclusive, and irrevocable

license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:

a) The copyright or patent in any work developed under a grant or Contract; and

b) Any rights of copyright or patent to which a grantee or CONTRACTOR purchases ownership with grant

support.

15.28. Debarment. This contract is subject to immediate termination if CONTRACTOR is identified on any debarment list

issued by the Workforce Investment Division of the State of California.

Page 9 of 9

 

 

BIB]

 

40388-U01

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AGREEMENT NO. A-11809 - ARBOR��EXHIBIT E

GENERAL ASSURANCES AND CERTIFICATIONS

WORKFORCE INVESTMENT ACT WIA)

GENERAL ASSURANCES

1 Contractor assures and certifies that:

a. It will fully comply with the requirements of the Workforce Investment Act W.I.A.), Public Law 105-220, hereafter

referred to as the Act, and with the regulations promulgated thereunder; and

b. It will fully comply with applicable OMB Circulars, as those circulars relate to functions such as the utilization of

funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act.

c. It will fully comply with the provisions of Public Law 107-288, Jobs for Veterans Act, as the law applies to

Department of Labor DOL) job training programs.

2. The Contractor further assures and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it

shall fully comply with them.

3. In addition to the requirements of 1 and 2 above and consistent with the regulations issued pursuant to the Act, the Contractor

makes the following assurances and certifications:

a. If it is a corporation, it is registered with the Secretary of State of the State of California.

b. It possesses legal authority to apply for the grant: that a resolution, motion or similar action has been duty adopted or

passed as an official act of the Contractor's governing body, authorizing the filing of the application, including all

understanding and assurances contained therein, and directing and authorizing the person identified as the official

representative of the Contractor to act in connection with the application and to provide such additional information

as may be required.

c. It will comply with Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d) and, in accordance with Title VI of

that Act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from

participation in, be denied the benefits of, or be" otherwise subjected to discrimination under any program or activity

for which the Contractor receives federal financial assistance; and will immediately take any measures necessary to

effectuate this agreement.

Further, it will comply with Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d) prohibiting employment

discrimination where 1) the primary purpose of a grant or agreement is to provide employment or 2)

discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting

from the grant-aided activity.

d. It will comply with the Americans with Disabilities Act of 1990 ADA) insofar as Contractor is required to comply

with said Act.

e. It will comply with WIA Section 188 that ensures non-discrimination and equal opportunity for various categories

of persons, including persons with disabilities, who apply for and participate in programs and activities operated by

recipients of WIA Title I financial assistance.

f. It will comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment opportunity," as

amended by Executive Order 11375 of October 13, 1967, and as supplemented in the Department of Labor

regulations, 41 CFR 60, 29 CFR 97.36 i) 1-13). The Executive Order 11246, as amended prohibits employment

discrimination on the basis of sex, race, color, religion, and national origin by federally assisted contractors and

subcontractors. The Contractor will take affirmative action to ensure that applicants and employees are treated

during employment without regard to their race, color, religion, sex or national origin.

g. It will comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination

against qualified individuals with disabilities.

Page 1 of 3

 

 

BIB]

 

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AGREEMENT NO. A-11809 - ARBOR��h. It will comply with the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of

age.

i. It will comply with Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on

the basis of sex in educational programs.

j.

Under penalty of perjury under the laws of the State of California that it will comply with the requirements of the

Drug-Free Workplace Act of 1990 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 employees for violations;

2.) Establish a Drug-Free Awareness Program as required to inform employees about the dangers of drug abuse in

the workplace; the person's or organization's policy of maintaining a drug-free workplace; any available

counseling, rehabilitation and employee assistance programs; and penalties that may be imposed upon

employment for drug abuse violations;

3.) Every employee who works on this agreement will receive a copy of the agency's drug-free policy statement,

and agree to abide by the terms of the agency's statement as a condition of employment on the agreement.

k. It will comply with the provisions of the Hatch Act which limits the political activity of certain State and local

government employees.

1. It will comply with the requirement that no program under the Act shall involve political activities.

M. It will establish safeguards to prohibit employees from using their positions for private gain for themselves or others,

particularly those with whom they have family, business or other ties.

n. It will give the State, federal and local administrators, through any authorized representative the access to and the

right to examine all records, books, papers, or documents related to the grant.

o. It does not provide for the advancement or aid to any religious sect, church or 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 whatsoever, as specified by Article XVI, Section 5, of the Constitution,

regarding separation of church and state.

p.

q.

Appropriate standards for health and safety in work and training situations will be maintained.

Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the

geographical region and the proficiency of the participant.

r. Training will not be for any occupation which requires less than two weeks of pre employment training, unless

immediate employment opportunities are available in that occupation.

s. Training and related services will, to the extent practicable he consistent with every individual's capabilities and lead

to employment opportunities which will enable participants to increase their income and become economically self

sufficient,

t. Institutional skill training and training on the job shall only be for occupations in which the Secretary or the Local

Workforce Investment Board LWIB) has determined that there is a reasonable expectation for employment.

U. WIA funds will, to the extent practicable, be used to supplement rather than supplant the level of funds that would

otherwise be available for the planning and administration of programs under the eligible Contractor's grant.

v. It will submit reports as required by the Secretary and/or Governor and will maintain records to provide access to

them as necessary for review to assure that funds are being expended in accordance with the purposes and

provisions of the Act, including maintenance of records to assist in determining the extent to which the program

meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful

employment opportunities.

Page 2 of 3

 

 

BIB]

 

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3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

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PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

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AGREEMENT NO. A-11809 - ARBOR��w. Financial records, supporting documents, statistical records, and all other records pertinent to a grant shall be

retained for the period of four years; however, participant's participation records will be retained for five years.

Payroll records will be retained for seven years.

X. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility

of individual participants.

Y. Individuals receiving training on the job shall be compensated by the employer at such rates, including periodic

increases, as may be deemed reasonable under regulations prescribed by the Secretary or Governor, but in no event

at a rate which is less than the highest of. 1) the minimum wage rate specified in Section 6(a)(1) of the Fair Labor

Standards Act of 1938; 2) the State or local minimum wage for the most nearly comparable covered employment;

3) the prevailing rates of pay for persons employed in similar occupations by the same employer; 4) the minimum

entrance rate for the inexperienced workers in the same occupation in the establishment or, if the occupation is new

to the establishment the prevailing entrance rate for the occupation among other establishments in the community or

area or any minimum rate required by an applicable collective bargaining agreement; 5) for participants on

Federally funded or assisted construction projects, the prevailing rate established by the Secretary or Governor, in

accordance with the Davis-Bacon Act, as amended, when such rates are required by the federal statute under which

the assistance was provided.

Z. It will comply with the labor standard requirements set out in the Act.

aa. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913.

bb. For grants, sub grants, contracts, and subcontracts in excess of $100,000 or where the contracting officer has

determined that orders under an indefinite quantity contract or subcontract in any year will exceed $100,000, or if a

facility to be used has been the subject of a conviction under the Clean Air Act 42 U.S.C. 1857C8(c)(1)] or the

Federal Water Pollution control Act 33 U.S.C. 1319(C)] and is listed by the Environmental Protection Agency

EPA) or is not otherwise exempt, the Contractor assures that: 1) no facility to be utilized in the performance of the

proposed grant has been listed on the EPA list of Violating Facilities; 2) it will notify the Governor, prior to award,

of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection

Agency, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of

Violating Facilities; and 3) it will include substantially this assurance, including this third part, in every nonexempt

sub grant, contract, or subcontract.

cc. Programs of institutionalized skills training shall be designed for occupations in which skill shortages exist,

dd. Appropriate arrangements will be made to promote maximum feasible use of apprenticeship and other on-the-job

training opportunities available under Section 1787 of Title 3 8, United States Code.

ee. It shall take appropriate steps to provide for the increased participation of qualified disabled and Vietnam era

veterans in job training opportunities supported under this Act. Such steps shall include employment, training,

supportive services, technical assistance and training, support for community based veterans program, and

maintenance and expansion of private sector veterans employment and training and such other programs as are

necessary to serve the unique readjustment rehabilitation and employment needs of veterans.

ff. Each eligible Contractor shall, in a continuing and timely basis, provide information on job vacancies and training

opportunities funded under the Act to State and other local veteran employment representatives and to other veteran

organizations for the purpose of disseminating information to eligible veterans.

gg. It will establish such standards and procedures as are necessary to ensure against program abuses including, but not

limited to, nepotism; conflicts of interest; the charging of fees in connection with participation in the program;

excessive or unreasonable legal fees; the improper commingling of funds under the Act with funds received from

other sources; the failure to keep and maintain sufficient auditable or otherwise adequate records; kick backs;

political patronage; child labor laws; the use of funds for political, religious, anti-religious, unionization, or

anti-unionization activities; the use of funds for lobbying, local, state or federal legislators, and the use of funds for

activities which. are not- directly related to the proper operation of the program.

Page 3 of 3

 

 

BIB]

 

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AGREEMENT NO. A-11809 - ARBOR��EXHIBIT F

CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or employee of

an agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,

and the extension, continuation, renewal, amendment, or modification of any Federal contract,

grant, loan, or cooperative agreement.

2) If any funds other than Federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the

undersigned shall complete and submit Standard Form-LLL Disclosure Form to Report

Lobbying, in accordance with its instructions.

3) The undersigned shall require that the language of this certification be included in the

award documents for all subawards at all tiers including subcontracts, subgrants and contracts

under grants, loans, and cooperative agreements) and that all subrecipients shall certify and

disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for making

or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who

fails to file the required certification shall be subject to a civil penalty of not less than $10,000

and not more than $100,000 for each such failure.

rt(

o

k

Auhiz d Representative)

Applicant Name f

Title o authorized Representative

Signature of Authorized Representative

Date

1 of 1

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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AGREEMENT NO. A-11809 - ARBOR��EXI IBRT G

DRUG-FREE WORKPLACE CERTIFCATION

COMPANY/ORGANIZATION NAME: Arbor E&T, LLC

The Contractor or grant recipient named above hereby certifies compliance with Government

Code Section 8355 in matters relating to providing a drug-free workplace. The above named

contractor will:

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 employees for violations, as required by Government Code Section

8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section

8355(b), to inform employees about all of the following:

a) The dangers of drub abuse in the workplace.

b) The person's or organization's policy of maintaining a drug-free workplace.

c) An available counseling, rehabilitation and employee assistance programs, and

d) Penalties that may be imposed upon employees for drug abuse violations.

Provide as required by Government Code Section 8355(c) that every employee who works on the proposed contract

or grant:

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 statement as a condition of

employment on the contract or grant.

CERTIFICATION

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient

to the above described certification. I am fully aware that this certification executed on the date and in the county

below, is made under penalty of perjury under the laws of the State of California.

OFFICIAL'S NAME: print)

ei

DATE EXECUTED: v

e- lI

CONTRACTOR SIGNATURE:

OFFICIAL'S TITLE:

Vie-c Pre.it

EXECUTE][) IN THE COUNTY OF MONTEREY

1 of 1

 

 

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THREE-U012

3)-U012

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TOTAL-U012

AMENDMENTS-U012

DO-U012

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TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��EXHIBIT H

CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

This certification is required by the regulations implementing Executive Order 12549,

Debarment and Suspension, 29 CFR Part 98, Section 98.510.

BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS WHICH ARE AN

INTEGRAL PART OF THE CERTIFICATION)

1. The prospective recipient of Federal assistance funds certifies, by submission of this

proposal or contract, that neither it nor its principals are presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

participation in this transaction by any Federal department or agency.

2. Where the prospective recipient of Federal assistance funds is unable to certify to any of

the statements in this certification, such prospective participant shall attach an

explanation to this proposal or contract.

Applicant Name of Authorized Representative)

itle Authorized Representative

f Authorized Representative

Date

l of 2

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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LI21329-U03

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AS89582-U03

AS89584-U03

AI93666-U03

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EXTENSION-U07

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TITLE-U07

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511-DSS-U08

OLDS-U09

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7/19/2010-U011

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TURNING-U012

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CENTRAL-U012

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PERIOD-U012

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JULY-U012

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THROUGH-U012

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APPROVE-U012

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AMENDMENTS-U012

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TEN-U012

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AGREEMENT NO. A-11809 - ARBOR��INSTRUCTIONS FOR CERTIFICATION

By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the

certification set out below.

The certification in this clause is material representation of fact upon which reliance was placed when this

transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds

knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,

the Department of Labor DOL) pursue available remedies, including suspension and/or debarment.

The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom

this proposal is submitted if at any time the prospective recipient of Federal assistance funds learn that its

certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms covered transaction," debarred," suspended," ineligible," lower tier covered transaction,"

participant," person primary covered transaction," principal," proposal," and voluntarily excluded," as used in

this clause, have the meanings out in the Definitions and Coverage sections of rules implementing Executive Order

12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those

regulations.

The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed

covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person

who is debarred suspended, declared ineligible, or voluntarily excluded from participation in this covered

transaction, unless authorized by

DOL.

The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include

the clause titled, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower

Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for

lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier

covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,

unless it know that the certification is erroneous. A participant may decide the method and frequency by which it

determines the eligibility its principals. Each participant may, but is not required to, check the List of Parties

Excluded From Procurement or Non-procurement-Programs.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to

render in good faith the certification required by this clause. The knowledge and information of a participant is not

required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction

knowing enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or

voluntary excluded fro participation in this transaction, in addition to other remedies available to the Federal

Government, the DOL may pursue available remedies, including suspension and/or debarment.

2 of 2

 

 

BIB]

 

40388-U01

AGREEMENT-U02

NO.-U02

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ARBOR-U02

CAREER-U02

CENTER-U02

LI21329-U03

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AS89582-U03

AS89584-U03

AI93666-U03

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C5-U03

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APPROVE-U07

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WIA)-U07

TITLE-U07

I-U07

ADULT-U07

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SHORELINE-U07

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511-DSS-U08

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ANNA-U09

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CENTRAL-U012

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10%),-U012

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OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11809 - ARBOR��EXHIBIT I

NONDISCRIMINATION ASSURANCE

During the performance of this Agreement CONTRACTOR agrees as follows:

CONTRACTOR shall not discriminate on the ground of race, color, religion, sex, national

origin, age, disability, political affiliation or belief, and for participants only, citizenship or

participation in programs or activities funded under this Agreement, in admission or access to,

opportunity or treatment in, or employment in the administration of, or in connection with, any

program or activity funded under this Agreement.

As a condition to the award of financial assistance under this program, CONTRACTOR assures,

with respect to operation of this WIA funded program or activity and all agreements or

arrangements to carry out this program or activity, that it will comply fully with all

nondiscrimination and equal opportunity statutes and regulations including, but not limited to,

the following: Section 188 of the Workforce Investment Act of 1988; Title VI and VII of the

Civil Rights Act of 1964, as amended; Americans with Disabilities Act of 1990; Section 504 of

the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; Age

Discrimination Act of 1975, as amended; California Fair Employment and Housing Act,

Government Code Sections 12900 et seq.; California Labor Code Sections 1101, 1102, and

1102.1; and with all applicable requirements imposed by or pursuant to regulations

implementing those laws.

CONTRACTOR assures that it will comply fully with the nondiscrimination and equal

opportunity provisions of WIA and acknowledges that the federal, state, and County of Monterey

shall have the right to seek judicial enforcement of this nondiscrimination assurance.

ho

Applicant Name f Auth

ol.� ed Representative)

 K~e. Pre

Title of-Authorized Representative

Signature of Authorized Representative

AV~5/ /(/

Date

1 of I

 

 

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AGREEMENT NO. A-11808 - TURNI��+COUNTY OF MON'Y'EREY AGREEMENT FOR PROFESSIONAL SERVICES

MORE THAN $100,000)*

This Professional Services Agreement Agreement") is made by and between the County of Monterey, a

political subdivision of the State of California hereinafter County") and:

Turning Point of Central California, Inc.

hereinafter CONTRACTOR").

In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as

follows:

1. SERVICES TO BE PROVIDED. The County hereby engages CONTRACTOR to perform, and

CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of

this Agreement. The services are generally described as follows:

Provide core,. intensive, on-the-job training OJT) for disadvantaged adults. In addition to $365,925 to the

contractor, this agreement specifies that $80,325 be retained by the County for disbursement to employers

for OJT contracts.

2. PAYMENTS BY COUNTY. County shall pay the CONTRACTOR in accordance with the payment

provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement. The total amount

payable by County to CONTRACTOR under this Agreement shall not exceed the sum of $ 446,250

3. TERM OF AGREEMENT. The term of this Agreement is from July 1, 2010 to

June 30, 2011  unless sooner terminated pursuant to the terms of this Agreement. This

Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing

last, and CONTRACTOR may not commence work before County signs this Agreement.

4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated herein by

reference and constitute a part of this Agreement:

Exhibit A Scope of Services/Payment Provisions

Exhibit B Line Item Budget Exhibit F Lobbying Certification

Exhibit C Performance & Enrollment Goals Exhibit G Drug-Free Workplace Certification

Exhibit D Other Terms and Conditions Exhibit H Debarment Certification

Exhibit E WIA General Assurances Exhibit I Nondiscrimination Assurance

5. PERFORMANCE STANDARDS.

5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees, and

subcontractors performing services under this Agreement are specially trained, experienced, competent, and

appropriately licensed to perform the work and deliver the services required under this Agreement and are not

employees of the County, or immediate family of an employee of the County.

5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and

skillful manner and in compliance with all applicable laws and regulations. All work performed under this

Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in

accordance with such licensing requirements.

*Approved by County Board of Supervisors on July 27, 2010

PSA over $100,000, Revised 10/09/08 1 of 9 Project ID; Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��+5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary

to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR

shall not use County premises, property including equipment, instruments, or supplies) or personnel for any

purpose other than in the performance of its obligations under this Agreement.

6. PAYMENT CONDITIONS.

6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to

County. If not otherwise specified, the CONTRACTOR may submit such invoice periodically or at the

completion of services, but in any event, not later than 30 days after completion of services. The invoice shall

set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for

the amounts claimed, and such other information pertinent to the invoice as the County may require. The

Contract Administrator or his or her designee shall certify the invoice; either in the requested amount or in such

other amount as the County approves in conformity with this Agreement, and shall promptly submit such

invoice to the County Auditor-Controller for payment. The County Auditor-Controller shall pay the amount

certified within 30 days of receiving the certified invoice.

6.02. CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in this

Agreement.

7. TERMINATION.

7.01. During the term of this Agreement, the County may terminate the Agreement for any reason by

giving written notice of termination to the CONTRACTOR at least thirty 30) days prior to the effective date of

termination. Such notice shall set forth the effective date of termination. In the event of such termination, the

amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of

termination.

7.02. The County may cancel and terminate this Agreement for good cause effective immediately upon

written notice to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the

required services at the time and in the manner provided under this Agreement. If County terminates this

Agreement for good cause, the County may be relieved of the payment of any consideration to

CONTRACTOR, and the County may proceed with the work in any manner, which County deems proper. The

cost to the County shall be deducted from any sum due the CONTRACTOR under this Agreement.

8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the County, its

officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever

including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees)

occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services,

materials, or supplies it connection with the performance of this Agreement, and from any and all claims,

liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death

arising out of or connected with the CONTRACTOR's performance of this Agreement, unless such claims,

liabilities, or losses arise out of the sole negligence or willful misconduct of the County. CONTRACTOR's

performance" includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's

officers, employees, agents and subcontractors.

PSA over $100,000, Revised 10/09/08 2 of 9 Project ID: Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��+9.0 INSURANCE.

9.01 Evidence of Coverage:

Prior to commencement of this Agreement, the Contractor shall provide a Certificate of

Insurance" certifying that coverage as required herein has been obtained. Individual endorsements

executed by the insurance carrier shall accompany the certificate. In addition the Contractor upon

request shall provide a certified copy of the policy or policies.

This verification of coverage shall be sent to the County's, Contracts/Purchasing Department,

unless otherwise directed. The Contractor shall not receive a Notice to Proceed" with.the work

under this Agreement until it has obtained all insurance required and such, insurance has been

approved by the County. This approval of insurance shall neither relieve nor decrease the liability

of the Contractor.

9.02 Qualifying Insurers:

All coverage's, except surety, shall be issued by companies which hold a current policy holder's

alphabetic and financial size category rating of not less than A- VII, according to the current

Best's Key Rating Guide or a company of equal financial stability that is approved by the

County's Purchasing Manager.

9.03 Insurance Coverage Requirements:

Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall maintain in effect

throughout the term of this Agreement a policy or policies of insurance with the following

minimum limits of liability:

Commercial general liability insurance, including but not limited to premises and operations,

including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability,

Broadform Property Damage, Independent Contractors, Products and Completed Operations, with

a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per

occurrence.

 Exemption/Modification Justification attached; subject to approval).

Business automobile liability insurance, covering all motor vehicles, including owned, leased,

non-owned, and hired vehicles, used in providing services under this Agreement, with a combined

single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.

 Exemption/Modification Justification attached; subject to approval).

Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this

Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability

limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each

disease.

 Exemption/Modification Justification attached; subject to approval).

PSA over $100,000, Revised 10/09/08 3 of 9 Project ID: Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��+Professional liability insurance, if required for the professional services being provided, e.g.,

those persons authorized by a license to engage in a business or profession regulated by the

California Business and Professions Code), in the amount of not less than $1,000,000 per claim

and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in

the course of rendering professional services. If professional liability insurance is written on a

claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the

expiration or earlier termination of this Agreement, obtain extended reporting coverage tail

coverage") with the same liability limits. Any such tail coverage shall continue for at least three

years following the expiration or earlier termination of this Agreement.

 Exemption/Modification Justification attached; subject to approval).

9.04 Other Insurance Requirements.

All insurance required by this Agreement shall be with a company acceptable to the County and

issued and executed by an admitted insurer authorized to transact Insurance business in the State

of California. Unless otherwise specified by this Agreement, all such insurance shall be written on

an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the

coverage required herein shall continue in effect for a period of three years following the date

CONTRACTOR completes its performance of services under this Agreement.

Each liability policy shall provide that the County shall be given notice in writing at least thirty

days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non-

renewal thereof. Each policy shall provide coverage for Contractor and additional insureds with

respect to claims arising from each subcontractor, if any, performing work under this Agreement,

or be accompanied by a certificate of insurance from each subcontractor showing each

subcontractor has identical insurance coverage to the above requirements.

Commercial general liability and automobile liability policies shall provide an endorsement

naming the County of Monterey, its officers, agents, and employees as Additional Insureds with

respect, to liability arising out of the CONTRACTOR'S work, including ongoing and completed

operations, and shall further provide that such insurance is primary insurance to any insurance or

self-insurance maintained by the County and that, the insurance of the Additional Insureds shall

not be called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The

required endorsement form for Commercial General Liability Additional Insured is ISO Form CG

20 10 11-85 or CG 20 10. 10 01 in tandem with CG. 20 37 10 01 2000). The required

endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.

Prior to the execution of this Agreement by the County, CONTRACTOR shall file certificates of

insurance with the County's contract administrator and County's Contracts/Purchasing Division,

showing that the CONTRACTOR has in effect the insurance required by this Agreement. The

CONTRACTOR shall file a new or amended certificate of insurance within five calendar days

after any change is made in any insurance policy, which would alter the information on the

certificate then on file. Acceptance or approval of insurance shall in no way modify or change the

indemnification clause in this Agreement, which shall continue in full force and effect.

PSA over $100, 00,000, Revised 10/09/08 4 of 9 Project ID: Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��+CONTRACTOR shall at all times during the term of this Agreement maintain in force the

insurance coverage required under this Agreement and shall send, without demand by County,

annual certificates to County's Contract Administrator and County's Contracts/Purchasing

Division. If the certificate is not received by the expiration date, County shall notify

CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,

evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such

insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate

this Agreement immediately.

10. RECORDS AND CONFIDENTIALITY.

10.01 Confidentiality. CONTRACTOR and its officers, employees, agents, and subcontractors shall

comply with any and all federal, state, and local laws, which provide for the confidentiality of

records and other information. CONTRACTOR shall not disclose any confidential records or other

confidential information received from the County or prepared in connection with the performance

of this Agreement, unless County specifically permits CONTRACTOR to disclose such records or

information. CONTRACTOR shall promptly transmit to County any and all requests for

disclosure of any such confidential records or information. CONTRACTOR shall not use any

confidential information gained by CONTRACTOR in the performance of this Agreement except

for the sole purpose of carrying out CONTRACTOR's obligations under this Agreement.

10.02 County Records. When this Agreement expires or terminates, CONTRACTOR shall return to

County any County records which CONTRACTOR used or received from County to perform

services under this Agreement.

10.03 Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and

records that may be required by federal, state, and County rules and regulations related to services

performed under this Agreement. CONTRACTOR shall maintain such records for a period of at

least three years after receipt of final payment under this Agreement. If any litigation, claim,

negotiation, audit exception, or other action relating to this Agreement is pending at the end of the

three year period, then CONTRACTOR shall retain said records until such action is resolved.

10.04 Access to and Audit of Records. The County shall have the right to examine, monitor and audit

all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors

related to services provided under this Agreement. Pursuant to Government Code section 8546.7,

if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this

Agreement may be subject, at the request of the County or as part of any audit of the County, to

the examination and audit of the State Auditor pertaining to matters connected with the

performance of this Agreement for a period of three years after final payment under the

Agreement.

10.05 Royalties and Inventions. County shall have a royalty-free, exclusive and irrevocable license to

reproduce, publish, and use, and authorize others to do so, all original computer programs,

writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature

produced in the course of or under this Agreement. CONTRACTOR shall not publish any such

material without the prior written approval of County.

PSA over $100, 000, Revised 10/09/08 5 of 9 Project ID: Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��+11. NON-DISCRIMINATION, During the performance of this Agreement, CONTRACTOR, and its

subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,

sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age

over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of

services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and

applicants for employment and all persons receiving and requesting services are free of such discrimination.

CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all

federal, state, and local laws and regulations, which prohibit discrimination. The provision of services

primarily or exclusively to such target population as may be designated in this Agreement shall not be

deemed to be prohibited discrimination.

12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or

will be funded with monies received by the County pursuant to a contract with the state or federal

government in which the County is the grantee, CONTRACTOR will comply with all the provisions of said

contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said

provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County

will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.

13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this

Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as

an employee of the County. No offer or obligation of permanent employment with the County or particular

County department or agency is intended in any manner, and CONTRACTOR shall not become entitled by

virtue of this Agreement to receive from County any form of employee benefits including but not limited to

sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.

CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including

federal and state income taxes and social security, arising out of CONTRACTOR's performance of this

Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold County harmless

from any and all liability, which County may incur because of CONTRACTOR's failure to pay such taxes.

14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage

pre-paid mail to the County and CONTRACTOR'S contract administrators at the addresses listed below:

FOR COUNTY:

Loyanne Flinn, Acting WIB Executive Director

Name and Title

Monterey County Workforce Investment Board WIB)

730 La Guardia Street

Salinas, CA 93905

FOR CONTRACTOR:

J. Jeff Fly, CEO

Name and Title

Turning Point of Central California, Inc.

P.O. Box 7447

Visalia, CA 93920

Address

831) 759-6644

Address

Phone 559) 732-8086

Phone Phone

PSA over $100,000, Revised 10/09/08 6 of 9 Project ID: Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��+15. MISCELLANEOUS PROVISIONS.

15:01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to

acquire any interest during the term of this Agreement, which would directly or indirectly conflict in

any manner or to any degree with the full and complete performance of the professional services

required to be rendered under this Agreement.

15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed

by the County and the CONTRACTOR.

15.03 Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed

by the County and the CONTRACTOR. A waiver of any of the terms and conditions of this

Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.

15.04 Contractor. The term CONTRACTOR" as used in this Agreement includes CONTRACTOR's

officers, agents, and employees acting on CONTRACTOR's behalf in the performance of this

Agreement.

15.05 Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.

15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its

interest or obligations in this Agreement without the prior written consent of the County. None of the

services covered by this Agreement shall be subcontracted without the prior written approval of the

County. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the

performance of all requirements of this Agreement.

15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the

County and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be

binding upon and inure to the benefit of the parties and their respective successors, permitted

assigns, and heirs.

15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and

local laws and regulations in performing this Agreement.

15.09 Headings. The headings are for convenience only and shall not be used to interpret the terms of this

Agreement.

15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.

15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of

California.

15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR

expressly reserve the right to contract with other entities for the same or similar services.

PSA over $100,000, Revised 10/09/08 7 of 9 Project ID: Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��+15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has fully

participated in the review and revision of this Agreement and that any rule of construction to the

effect that ambiguities are to be resolved against the drafting party shall not apply in the

interpretation of this Agreement or any amendment to this Agreement.

15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be

deemed an original, but all of which together shall constitute one and the same Agreement.

15.15 Authority. Any individual executing this Agreement on behalf of the County or the

CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter

into this Agreement on behalf of such party and bind the party to the terms and conditions of this

Agreement.

15.16 Integration. This Agreement, including the exhibits, represent the entire Agreement between the

County and the CONTRACTOR with respect to the subject matter of this Agreement and shall

supersede all prior negotiations, representations, or agreements, either written or oral, between the

County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the

County signs the Agreement.

15.17 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the

provisions of this Agreement and the Provisions of any exhibit or other attachment to this

Agreement, the provisions of this Agreement shall prevail and control.

This space left blank intentionally

PSA over $100,000, Revised 10/09/08 8 of 9 Project ID: Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��                     +IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and

year written below.

By:

Date:

By:

Date:

COUNTY OF MONTEREY

Purchasing Manager

Department Head if applicable)

By:

CONTRACTOR

Turning Point of Central California, Inc.

Contractor's Business Name*

e

Chair, President, or

ice-President)*

By:

Date:

 Board of Supervisors if applicable).

Approved. as to Form'

By:

Date:

Approved

By:

 

Date:

Coun Counsel

iI 0

Fiscal Provisions2

A ditof

W 1174  0

W

Approved as to Liability Provisions3

By:

Date:

Risk Management

County Board of Supervisors' Agreement Number:

Date:

By:

Date:

Name and Title

*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full

legal name of the corporation shall be set forth: above together with the signatures of two specified officers. If

CONTRACTOR is a partnership, the name of the partnership shall be' set forth above together with the signature of a

partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an

individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement.

Approval by County Counsel is required

2Approval by Auditor-Controller is required

3Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9

C

Named itle

go

Signatur  f Sec   Asst. Secretary, CFO,

Treasureror Asst. Treasurer)*

PSA over $100,000, Revised 10/09/08 9 of 9 Project 1D: Turning Point WIA OJT Subcontract

PY 2010-11

 

 

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AGREEMENT NO. A-11808 - TURNI��

+EXHIBIT A

SCOPE OF SERVICES/PAYMENT PROVISIONS

PROGRAM DESIGN NARRATIVE

Turning Point of Central California, Inc. Turning Point) will execute a program specifically designed for adult offenders and ex-

offenders, which will place them in productive, work through on-the-job training OJT). Turning Point will focus on

comprehensive services to increase the employment, retention, earnings, and occupational skill attainment of Participants. Special

emphasis will be placed on job retention and placement in unsubsidized employment as the measure of success and a primary

outcome of the program.

Turning Point will be the lead agency on behalf of Participants for developing and contracting with receptive employers, and will

monitor all processes to ensure mutually beneficial working relationships. To ensure comprehensive services are available to meet

all training and support needs of Participants, the Agency will utilize its current linkages and collaborations with experienced

providers in the county, including the One-Stop Centers.

To implement the Workforce Investment Act Title I Adult Services program, Turning Point will draw on 35 years of experience in

successful Employment Programs for the court-involved population. The scope of services delivered will cover Core, Intensive and

Training Services.

CORE SERVICES

Self-Directed: Eligibility, outreach, intake and orientation; initial assessment; access to Ca1JOBS and Internet browsing;

employment statistics; resource room usage; information on the labor market, eligible training providers, One-Stop delivery system,

Unemployment Insurance benefits, partner and service information; and information and/or referrals for supportive services. Staff-

Assisted: Staff-Assisted Core Services include: job search and placement assistance; career counseling; follow-up services; job

referrals; job development and placement; workshops and job clubs.

INTENSIVE SERVICES

Comprehensive assessment; case management; individual employment plan development; job readiness/retention training; group

and individual counseling; career planning; short-term pre-vocational services; follow-up services and supportive services.

TRAINING SERVICES

Training services include OJT development; referral and placement in subsidized employment; employer agreement oversight;

records and financial management; worksite visits and evaluation; coordination of concurrent support services; placement in

unsubsidized employment; retention strategies.

EXTENT OF SERVICES

The Employment Program services will be made available to all individuals in Monterey County who are: 18 years of age or older;

have a conviction record and are economically disadvantaged; Eligible under WIA criteria and able to provide documentation of

such; court-supervised inmates; offenders and ex-offenders.

Service Sites:

Services and participant recruitment effort will be available at appropriate activity sites throughout Monterey County, including:

Turning Point Employment Program Office; Monterey County Reentry Center; Monterey County One-Stop Centers; Parole and

Probation Departments; Partner offices; facilities available through community-based organizations; OJT sites; public places where

people gather. Turning Point anticipates that central operations for the OJT program will take place at its own facility in Salinas,

with a staff of three: Employment Program Director/Case Manager; Employment Specialist; Eligibility Specialist.

As a partner, Turning Point will access facilities at all the One-Stop Centers, enhancing the delivery of Core and Intensive Services,

providing on-site orientations, and conducting intake and assessment for interested customers. Turning Point will assist the One-

Stop partner in coordinating services for the offender population. Turning Point will track the geographic areas of enrolled

participants to ensure that all geographic areas are being effectively served. Specific recruitment efforts will target underutilized

areas.

For participants with physical disabilities or other barriers to participating at our two facilities, Turning Point will coordinate

service delivery through use of one of the One-Stop Centers and other community partners.

Page 1 of 15

 

 

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AGREEMENT NO. A-11808 - TURNI��
+COLLABORATION AND INTEGRATION OF PARTNER SERVICES

Turning Point's primary mission is helping individuals achieve stability, self-sufficiency, training and ultimately long-term

placement in gainful employment. It will be our responsibility to coordinate and provide all resources to meet the special needs of

program Participants. To that end, Turning Point will collaborate with Monterey County organizations and service providers to

coordinate a complete range of services for the Title I Adult Program.

As the Lead Agency for extensive program activities since 1975, Turning Point has established that the collaborative agencies and

organizations they work with are experienced in providing the required services, knowledgeable in the needs of the target

population and in compliance with governmental regulations.

Central to Turning Point's effectiveness in managing services will be continued participation in the local Workforce Investment

system through electronic connectivity, coordinating all program linkages, referral procedures and data collection methods. The

Agency will continue to connect Participant activities with the One-Stop System, to allow access to system services.

The One-Stop Centers, Monterey County Probation Department, California Department of Corrections and Rehabilitation and the

Federal Bureau of Prisons are major agencies working with Turning Point. Turning Point's countywide network of government

and non-profit agencies also includes the following:

Emp. Dev. Dept. Project Literacy St. Vincent de Paul's

Office for Emp. Training Dorothy's Place Sunrise House

WIC Program Planned Parenthood Sun Street Center

Monterey County: Natividad Medical Ctr. Second Chance

Dept, of Socl. & Emp. Srvs. Women's Crisis Center Shelter Plus

Health Dept. Suicide Prevention Ctr. Shoreline Occupational Ctr.

Housing Authority Alcoholic's Anon. United Way of Monterey Co.

Food Bk. for Monterey Co. Narcotics Anon. Veterans Transition Ctr.

Comm. Human Svcs. Agcy. Dept, of Vocatl. Rehab. Door to Hope

Men's Altern. to Violence John XXIII AIDS Ministry 1-Help

Monterey County Jail Salvation Army Swinging Door

Productive working relationships with education and training resources are crucial to providing marketable skills to Turning Point's

clients. Participants will be referred for their assessed education and training needs to: One-Stop Career Centers for services

through Individual Training Account providers for cases where qualified Participants have not been able to find jobs); Regional

Occupational Programs ROP); Adult Schools; Center for Employment training; community colleges; CSU-Monterey Bay.

DEVELOPMENT OF ON-THE-JOB TRAINING CONTRACTS

Turning Point will utilize its effective working relationships with numerous public, private non-profit and private employers.

Turning Point's philosophy in training site and job opportunity development will be that of building productive relationships based

on trust and reliability. OJT sites will be developed with a focus on employers committed to hiring Participants following training.

The Agency will develop OJT services and enter into OJT contracts with each employer based on a template pre-approved by the

County of Monterey Workforce Investment Board.

Development of OJT contracts and other job placements will be implemented through dedicated staff, marketing, employer

education, and community activities.

One staff person will be dedicated to Job Development and employer education. All staff is well trained in this area, however, and

will provide assistance as needed for responsive customer service.

Staff will conduct employment recruitment contacting at least 100 employers monthly, prospecting for new employment and

training sites. Contacts will be tracked and follow-ups conducted to further develop employer interest.

Turning Point will conduct continuous active marketing to employers in and around Monterey County to promote awareness and

encourage use of the WIA OJT Programs. Promotion will stress professional satisfaction, monetary savings and community

awareness as three critical benefits to the employer.

Regular mail-out marketing campaigns will be conducted to target new businesses and expand the current employer base. Turning

Point's quarterly newsletter will continue to be distributed to numerous employers throughout the county.

Page 2 of 15

 

 

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AGREEMENT NO. A-11808 - TURNI��

+Staff will conduct preliminary worksite development: assess potential employer's needs and capabilities in working with OJT

program Participants; explain processes, staff monitoring and commitment of follow-up assistance. Staff will educate employers

regarding Work Opportunity Tax Credit benefits and process all required paperwork for them as an additional courtesy. Employers

will be provided with information relative to the offender population.

OJT contract development will emphasize hiring into unsubsidized employment with the same employer.

The Agency will participate in Monterey County job fairs and community forums to publicize the benefits of WIA activities.

Turning Point will continue membership in the following organizations for networking and professional development: National

Association of Workforce Development Professionals, Salinas and Monterey Chambers of Commerce, California Community

Corrections Coalition, Central Coast Human Resources Association, and the Salinas Valley Business Women's Network.

Turning Point will keep abreast of the local employers' needs through research, survey and networking, and apply this awareness to

OJT Development strategies. Turning Point will continue employer outreach and education efforts to replace stereotyped images

with examples of productive, responsible individuals who have been helped by WIA programs. Turning Point will not use

employers that abuse the program, do not treat participants fairly or do not follow the program regulations.

Types and Duration of OJT

Turning Point will assess potential OJT employment sites for job advancement opportunities, rate of pay, suitability to the

Participant's skills and career or educational goals, and likelihood of retention. Actual placement will be the culmination of staff-

assisted job development and the Participant's Individual Employment Plan. Turning Point will ensure, through aggressive

marketing and utilizing established employers, that at least 50% of the OJT wage set aside funds will be targeted to the WIB Policy

92005-8 established five 5) industry-specific clusters.

OJT agreements will be brokered with reputable employers at an average wage rate of $10.00 per hour, for a minimum of 160

hours but not to exceed WIA time limitations). The projected average length of training is 8 weeks. OJT's will target occupations

with Specific Vocational Preparation Code of 2 or greater minimum 30 days training).

Turning Point will target the WIB approved five 5) industry-specific clusters for Monterey County in developing OJT training

sites. The associated occupations of the selected clusters will meet an average entry-level wage of at least $10.00 per hour and

involve less than 6 months of training. At least fifty percent 50%) of OJT funds will be dedicated toward training in the targeted

occupations. The occupations will be targeted through specific Job Development as follows: Phone calls; mail outs; attendance at

job fairs; drop-in employer contacts; collaborations with community and partner agencies; attendance at Chamber of Commerce

events; employer education; membership in community clubs and/or presentations at such; current employer appreciation activities.

An internal self-audit tool will be utilized for monthly reviews to track OJT industry cluster compliance. Recruitment adjustments

will be made as/if necessary. Documentation of OJT development efforts will be kept in support of efforts to meet the WIB

industry-specific cluster policy and for self-analysis of Turning Point's policy plan.

To focus training services and career counseling, we will use the Monterey County Occupational Outlook Survey, O*NET, VOS,

labor market occupational surveys, and other information resources as is needed or beneficial. As the labor market varies

tremendously for the offender population, Turning Point will conduct regular local labor market surveys relative to realistic

employment opportunities for court-involved individuals.

Local labor market demands will be considered in assessment of overall OJT coordination, in order to coordinate needs of area

business and industry in placing potential long-term employees.

During the term of this contract, a maximum of three OJT contracts can be written for one employer without seeking prior approval

from WIB staff.

During the term of this contract, a maximum of two OJT contracts can be written for any WIA title I enrolled participant without

seeking prior approval from WIB staff. Should a third OJT contract be required, prior approval and a justification must be

submitted to WIB staff prior to implementation,

Target Enrollment Population

Turning Point will seek to enroll program Participants from the population of Monterey County, with the minimum age of 18.

Services will be targeted to WIA eligible, Monterey County Adults 18 years of age and older) who face multiple barriers to

employment, and are low income as defined by the WIB Policy #2009-01 150% LLSIL).

Page 3 of 15

 

 

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CHANGE-U012

SCOPE-U012

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AGREEMENT NO. A-11808 - TURNI��

+All Participants will be offenders and be included in one or more of the following categories per the percentages mandated by WIB

Policy 42005-4:

Homeless  5% Offenders  20%

Disabilities  16% TANF  12%

Veterans  10% Older Workers  5%

HS Dropout  20% Limited English  10%

At a minimum, services will be targeted to specific geographic regions of Monterey County per WIB Policy #2010-01, as identified

in the chart below.

Central  10% West  10%

South- 10%

North 10%

The Agency anticipates that the targeted population will have substantial barriers to employment. Such barriers will be similar to

those faced by Turning Point's current Employment Program Participants. These include: Felons; Federal Inmates; Parolees; Adult

and juvenile conviction records; Local gang and threat group affiliation; Lacking work history/skills; No employment experience;

No high school diploma; no verifiable GED; Drug and alcohol dependency; Homeless; Lack of drivers license; In need of

medical/dental care; owing back child support.

Turning Point Adult Employment Program will serve the hardest to serve individuals. While 100% of the individuals served will be

offenders," specific recruitment will be conducted to achieve the WIB Adult Service Strategy Goals as follows:

 HOMELESS  individuals will be recruited through conducting orientations at shelters, recovery programs, through

Parole and Probation groups, and other venues where homeless men and women gather. Flyers will be mailed out and

posted to/at churches, clinics, social service agencies, etc. to further target this population.

 OFFENDERS  will be recruited through State Parole, County Probation, Federal Probation, newspaper advertisements,

Police and Community Team PACT) Meetings, orientations at community agencies serving offenders, Monterey County

Jail, flyers, attendance at community forums, Churches and relationships with Social Service Agencies.

 DISABILITIES  recruitment for individuals with disabilities will be done with Department of Social Services,

Department of Vocational Rehabilitation, Employment Development Department and Recovery Centers.

 TANF  individuals in this category will be recruited through the Department of Social Services, shelters, and recovery

centers.

 VETERANS  will be recruited through the Veterans Transition Center of Monterey County and Employment

Development Department.

 OLDER WORKERS  individuals in this category will be recruited through Alliance on Aging and Employment

Development Department.

 HIGH SCHOOL DROPOUTS  will be recruited through Salinas Adult School and Employment Development

Department.

 LIMITED ENGLISH  individuals in this category will be recruited through Salinas Adult School, and CET.

Collaborations with Partner and Community agencies will also target the above specific group of individuals with significant

barriers to employment. An internal self-audit tool will be utilized for monthly tracking of enrollments adjusting recruitment as

necessary to achieve the adult service goals. Documentation of outreach and recruitment will be kept in support of efforts to

meet the W1B service strategy goals and for self-analysis of Turning Point's policy plan.

Rmmediation Strategy for Adult Barriers

Turning Point will apply a methodology of established success to facilitate remediation for adult offenders, and work to solve or

reduce their numerous barriers to employment.

The Agency will:

1. Demonstrate understanding that this population needs work for survival. Provide appropriate services and referrals to

address the basic presenting needs as quickly as possible If basic needs are not met, statistics show that this population

resorts to life choices that often involve crime.) Be aware of this target population's need for Level One Happiness"

instant gratification), and commence services promptly within two working days after an individual's initial inquiry.

Address literacy with existing program services and community resources.

2. Provide intense hand-holding" at the commencement of services, gradually assisting the individual in building a support

system and developing appropriate growth toward self-reliance. Build trust by saying what we do and doing what we

say."

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AGREEMENT NO. A-11808 - TURNI��+3. Maintain a friendly, respectful and positive environment for services that teaches and models pro-social/interpersonal

skills. Maintain a professional demeanor at all times, seeking all opportunities to model good work habits and reinforce

progress by participants.

4. Start the deprogramming process for the institutionalized individual by teaching decision-making skills, self-discipline,

initiative, how to cope with hostility and aggression, and developing self-esteem. Recognize the good in this population

and assist them to see this also. Foster the positive contributions that these individuals can make and provide positive

reinforcements for change.

5. Further support for the offender's behavior changes by working with the entire family whenever possible. Recognize and

address the cynicism and doubt that frequently undermine family support. Assist individuals in moving from the victim

role to taking responsibility for their actions.

6. Turning Point will implement specific activities to address barriers to employment as well as presenting issues that need

prompt resolution.

The Agency will:

1. Work closely with the Applicant's parole/probation officer, recovery sponsor and other social supports, etc. in providing

seamless services and support.

2. Partner with community recovery centers in support of Applicants' recovery.

3. Maintain and continue to develop partnerships with private and public Housing Advocacy entities to meet basic need for

housing.

4. Collaborate with community gang and victim awareness specialists in staff education and services.

5. Provide a flexible work schedule for those who need early morning, evening and/or weekend appointments.

6. Structure services for daily contact as long as necessary to aid the reintegration process.

7. Provide services packaged flexibly, creatively and attractively to hold the attention of an often skeptical, attention deficit

population.

PROGRAM FLOW

Pre-Enrollment Activities

Outreach / Recruitment

Turning Point will present orientations on the WIA program and its offerings to incoming program potential Applicants.

Orientations will be regularly scheduled with optional scheduling to respond to individual needs) and will describe WIA program

offerings, requirements and services, including One-Stop Career Center services.

Turning Point will conduct outreach and recruitment on a countywide basis. The agency will identify the population segment that

will benefit most from WIA intensive services. Outreach and recruitment will be implemented through the following activities:

Turning Point will work in partnership with and conduct orientations at all of the One-Stop Centers and service provider locations.

Turning Point will continue to implement an effective procedure for referrals from the Monterey County Probation Department,

Federal Probation Department, and the State Parole Office.

Staff will, provide regular outreach presentations at group facilities throughout the county, such as recovery centers; emergency

shelters, and churches.

Turning Point will participate in community-based events, with an informational booth where staff will provide materials and

promote the program.

The Agency will distribute flyers to public locations throughout the county grocery stores, libraries, and churches), as well as sites

frequented by the target population such as clinics, hospitals, or county facilities).

Turning Point will recruit through its current extensive outreach system, utilizing local newspapers, community organizations,

businesses, public agencies, military recruiting centers, and community-based informational and job fairs.

Turning Point will enlist the assistance of successful program Participants for recruitment and referrals.

In addition to the offender population, Turning Point will recruit individuals as identified in the WIB Adult Services Strategy.

Intake and Eligibility

Turning Point will conduct an initial Assessment to decide if WIA services will be suitable for the interested individual, based on

evaluation of skill levels, aptitudes, abilities, and supportive service needs. The Agency will ensure the use of objective evaluation

Page 5 of 15

 

 

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AGREEMENT NO. A-11808 - TURNI��+criteria to effect an impartial determination. Turning Point determines eligibility using the WIA Eligibility Technical Assistance

Guide TAG) in determining whether WIA is the most appropriate service for the interested individual.

Turning Point will ensure that recruited individuals will be assisted through the three initial phases of Intake before registration as a

Participant in the VOS case management system.

1. Eligibility documentation gathering: Turning Point's Eligibility Specialist will assist individuals through the intake and

eligibility process to promptly determine valid qualifications for WIA-funded services. The Eligibility Specialist will

assist individuals in accessing eligibility documentation as necessary. Turning Point will follow an established internal

Eligibility assurance method: The Eligibility Specialist collects and verifies all required documents from the Applicant.

The Program Director reviews the Eligibility documents and returns them to the Eligibility Specialist to start the

Applicant's file.

2. Provision of core service: At the time of eligibility and intake Applicants will be entered into the VOS shared Case

Management system collecting all personal data for the Common Intake. Initial identification of the employment and

training activities and services that would be appropriate for the individual will be made. Applicants will receive

orientation to our Resource Room computers and software, work space, directories for self-directed job search). Suitable

employment and training activity availability will be determined. Comprehensive program information will be provided.

Core Service provision will be documented in the Applicant's file.

3. Certication of eligibility: When all documents needed to substantiate WIA eligibility have been gathered, reviewed and

verified, and a core service provided, a decision of whether the program can benefit the individual will be determined, and

selection for participation will be made. Eligibility queries will be directed immediately to the appropriate Office for

Employment Training staff for direction. A file will be set up on each Applicant at the time Eligibility is determined.

WorkKeys� Assessments and Worldwide Interactive Network WIN) Training

1. WorkKeys� Assessment Process: Turning Point will administer the WorkKeys� testing for all OJT participants prior to

or within 30 days following the start of the OJT contract. Should extenuating circumstances arise where it is not feasible

to meet the 30 day timeframe, a written request for an extension will be submitted to the Monterey County WIB staff for

approval. Those who master these assessments will be eligible to receive a Career Readiness Certificate administered

through the Central Coast Career Readiness Consortium lead by the Monterey County Business Council MCBC).

Turning Point will work with the Central Coast Career Readiness Consortium to access their WorkKeys� assessment sites

for participant convenience.

2. Authorized WorkKeys� Locations: Turning Point will dedicate a minimum of one computer with Internet access for the

use of OJT participants to access WorkKeys�. Turning Point will provide training to all staff for proctoring WorkKeys�

assessments. WorkKeys� assessments may also be provided by appointment through other partners of the Central Coast

Career Readiness Consortium by contacting Samantha Harrison at SHarrisona-mcbe.biz.

3. Authorized WIN Training Locations: The Office for Employment Training OET) has contracted with WIN to provide

remediation training to individuals wishing to upgrade their skills. WIN is available at no costs to the customer. Turning

Point will refer participants to OET for WIN self-paced remediation training as suitable. WIN remedial training may also

be provided by appointment through other partners of the Central Coast Career Readiness Consortium by contacting

Samantha Harrison at SHarrison@mcbc.biz.

4. WorkKeys� Test Results: To ensure customer confidentiality, Turning Point will discuss WorkKeys� test results with

the participant only to determine if they have reached their desired score.

5. Use VOS to match O*NET job profiles using WorkKeys� scores: Turning Point will enter WorkKeys� assessment

scores into the Virtual One Stop VOS) case management system once they are received. VOS will be used to match

WorkKeys� assessment skill levels with Occupational Information Network O*NET) job profiles to help individuals

identify appropriate occupations and support transferable skills.

6. Fees: The cost for WorkKeys� assessments and certificates is built into Turning Point's supportive services line item

budget in Exhibit B.

7. Disbursement of Career Readiness Certificates: Certificates will be sent from ACT to MCBC once a week. MCBC in

turn, will sign and distribute the certificates to Turning Point to issue to the recipient(s).

8. Reporting to the WIB: Turning Point will provide WorkKeys� assessment performance updates to the WIB's Oversight

Committee and other subcommittees of the WIB, as requested.

Page 6 of 15

 

 

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AGREEMENT NO. A-11808 - TURNI��+Information and Referral:

Referral System for Ineligible Individuals

If Turning Point determines during Pre-enrolhnent activities that an individual does not meet program enrollment requirements or

is not eligible for WIA intensive services, he/she will be offered assistance in accessing organizations that are more appropriate or

continue to receive core services as appropriate. Turning Point will utilize a network of collaborative service providers, including

the One-Stop Centers. Referrals will also be made for those who through assessment have been determined to need specialized pre-

employment services not available through WIA programs.

Non-eligible individuals will not merely be given telephone numbers and sent on their way. Instead, an attentive transition process

will be started when Staff calls appropriate service partners, assessing the optimum match, and then hands off' the individual with

a commitment to continue referral support until suitable services are secured.

It is anticipated that a portion of Applicants otherwise eligible for WIA services will require resolutions to medical, psychological,

legal and other issues, prior to consideration for Intensive and OJT services. For these Applicants, Turning Point will make a

referral within its countywide alliances of professional entities. Turning Point will oversee this support service transition and

maintain contact with the Applicant and service provider with the goal of resumed services at the appropriate time.

Enrollment

When Turning Point has determined that an Applicant is WIA eligible and would benefit from OJT program services, the Agency

will enroll him/her into intensive services. Completed enrollment documents will be entered into the VOS electronic case

management system. The Participant is referred to the Case Manager upon Enrollment to start the Objective Assessment process.

IA PARTICIPANT ACTIVITIES

Objective Assessment

Assessment will start with the first contact an individual makes and continue throughout all service delivery to allow for

Participant's growth and changing needs. An Assessment Interview Statement of Understanding" will be used with the Applicant

before the Objective Assessment begins, to aid him/her in understanding the evaluation process and its importance in helping

secure and retain the right job. Turning Point will provide flexibility in completing the Objective Assessment service component, to

allow for workshops and other activities that will provide in-depth evaluation.

Turning Point's Case Manager will provide a comprehensive Objective Assessment for each Applicant, consisting of an

examination of the individual's capabilities, needs and vocational potential in order to develop a service strategy and employment

goal. Assessments will be client-centered and evaluate employment barriers, taking into account the Participant's family situation,

work history, education, occupational skills, interests and aptitudes including those for nontraditional occupations). Also critical to

evaluation and planning will be assessing attitude towards work, motivation, behavior patterns affecting employment potential,

financial resources and needs, and need for Supportive Services. Recognizing the influences and experience of most offenders, the

Agency will also closely observe Applicants' social and interpersonal skills as indicators of how well they can communicate and

work with others.

Pre-assessments from Monterey County Reentry Center's Case Managers and probation/parole officers will be factored into the

Objective Assessment. Applicants will have signed a Release of Confidential Statements before this information is acquired.)

These will supply vital background information and conviction records relevant to their employability potential but not always

readily provided by offenders). As most of Turning Point's Applicants have drug and alcohol abuse histories, collaboratives and

partnerships with community-based organizations treating these individuals will provide additional expert assessment regarding job

readiness and potential barriers to employment.

Because most Applicants will have virtually no work history and multiple barriers, the majority of them will enter into a more in-

depth assessment with the Employment Specialist for extended evaluation of aptitudes and interests, work habits and skills).

Continued assessment structured to best meet the objectives will be conducted both individually and in a group setting. Turning

Point will enlist the assistance of the employer community to support assessments by evaluating the viability of the Applicant's

employment goals providing important feedback and career counsel.

Staff will be scheduled for and take part in Assessment Training opportunities on a regular basis or as they become available in the

local area. Staff will regularly attend Labor Market informational trainings and seek out such information through employer

interviews and on-line to aid the assessment process.

Page 7 of 15

 

 

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SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11808 - TURNI��+Case Management

Case Management will commence when assessment reflects that the individual is unable to obtain and retain employment through

Core Services, and will continue throughout all service delivery, including follow-up. The Case Manager will prepare and

coordinate comprehensive employment plans for Participants to ensure access to the necessary training and supportive services, use

of computer-based technologies, and job and career counseling during program participation and after job placement. The Case

Manager will be specifically trained and assigned to manage individuals throughout their service, and will lead the staff in a client-

oriented, team approach for the most inclusive and supportive mentoring of individuals with multiple barriers.

Turning Point will conduct weekly Case Management meetings to review each Participant's case. Evaluation findings will be

documented in case notes and a consensus reached in service delivery strategy for the upcoming week. Turning Point holds the

attitude that case management is an integral part of jab retention, vital to a trusting and responsible relationship with the Participant

that enables staff to provide optimum support throughout the reintegration process.

The Case Manager will prepare an internal report, documenting biweekly meetings with each Participant, that structures client

services and support in addition to the Individual Employment Plan. The Case Manager will conduct bi-weekly meetings with each

Participant where Marketable Work Habits Training continues. This vital training for Turning Point's Participants will teach them

how to keep a job" and how to advance on the job." Experience has shown us that such instruction is best delivered not only

while the Participant is in training, but throughout follow-up, when the concepts are more meaningful in real working

environments.

Turning Point will also ensure that the full range of Core and Intensive Services are available to Participants as part of their Case

Management plan. Collaboratives and Turning Point's wide range of community linkages will be utilized to support Participants'

objectives. Counseling, intervention activities and collaboration with partner agencies such as the One-Stop Career Center will be

part of the matrix of services to ensure employment success.

Individual Employment Plan IEP)

The Case Manager will develop with the Participant an IEP outlining his or her employment goals and the services required to

realize those objectives. The results of the Objective Assessment and an overview of the Applicant's status will form the basis of

the IEP.

The IEP will include: Participant's employment goal(s); rationale for employment goal selection; barriers to employment;

counseling regarding non-traditional work; educational opportunities; labor market; self-sufficiency requirements; Participant's

objectives and any need for support services. Turning Point will use the IEP as a road map" guiding the Participant on the path to

self-reliance with clearly identified employment goals. The document will be signed and dated by the Case Manager and the

Participant.

The IEP will be reviewed by the Case Manager with the Participant no less than one time per month. It is a living" document and

can be changed as continued assessment reflects the need for such. All changes, review notes and progress in meeting the planned

objectives will be documented by the Case Manager in the IEP.

Supportive Services

Turning Point will provide information and referral for Participants needing Supportive Services, starting with self-directed Core

Services. Supportive Services include transportation, childcare, tools, food, clothing, and housing. Training for Participants in

finances and money management is integrated into the support service delivery system. Participants are taught how to plan for their

needs with their objective of self-sufficiency in mind.

Participants enrolled into Intensive Services who are in need of Supportive Services and unable to meet these needs through their

own resources, or those of other service providers, will be enrolled into the Supportive Service" activities. These services will be

provided by Turning Point only for necessities required for individuals to participate in Title I activities.

Employability Workshops

Employability Workshops will be provided to program Participants concurrent with Core, Intensive and Training services.

Counseling both group and individual) and workshops will focus on:

Life Skills: soft skill development; cognitive skills for behavior change; emotional and physical wellness; substance abuse; anger

management; relationships; self-sufficiency; goal setting; financial planning; transportation; housing. Pre-employment Skills:

gathering information; identification of skills; portfolio" development; applications; resumes; interviewing; job search; phone

Page 8 of 15

 

 

BIB]

 

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AMOUNT-U012

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$18,750-U012

PERIOD-U012

OF-U012

JULY-U012

1,-U012

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THROUGH-U012

JULY-U012

31,-U012

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C.-U012

AUTHORIZE-U012

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SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

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HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

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DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11808 - TURNI��+etiquette; writing and basic office machine skills; employer expectations; job retention. Marketable Work Habits: grooming;

reliability; punctuality and attendance; effective communications; conflict resolution; teamwork, problem solving, ethics; career

advancement.

Participant Referral To Job Site

Once a suitable training site is identified, Turning Point staff will schedule an interview between the employer and the Participant.

Individuals will be coached with a review of their workshop training, and well-researched information on the prospective training

site; they will also be assisted with interview clothes, transportation, etc. as needed.

Before the meeting, Turning Point will provide need to know" information to the employer, addressing the individual's record,

conditions of court supervision, and EEP information. Directly following the interview, Turning Point staff will conduct an

interview with both parties. An OJT Agreement is developed with the employer following a successful interview. A negative

interview is analyzed and factored into employer compatibility and the Participant's ongoing assessment.

Turning Point will screen OJT sites relative to Participant's parole conditions to avoid compromising the parole or the worksite.

Turning Point will also seek local business OJT sites based on advanced knowledge of their stated restrictions for hiring ex-

offenders. Turning Point will not broker OJT's with employers who have exhibited a previous pattern of failing to provide agreed

upon training obligations or fail to provide the OJT Participant with benefits equal to other employees doing the same kind of work

for the same length of time.

PARTICIPANT ON-THE-JOB TRAINING

Based on the Individual Employment Plans, Turning Point will immediately seek OJT opportunities with local employers for

program Participants. Turning Point will enter into an OJT Agreement template pre-approved by the County of Monterey WIB)

with the employer who will provide training.

OJT's will be developed only for Participants who have received at least one Core Service and whose assessment projects that the

individual cannot secure employment without training.

The OJT employer will provide occupational training to the WIA Participant in exchange for the reimbursement of up to 50% of

the wage rate to compensate for the employer's extraordinary costs.

An OJT Agreement will be limited to the period of time required for a Participant to become proficient in the training occupation.

This will be calculated based on the skill requirements of the occupation, academic and occupational skill level of the Participant,

prior work experience and the Participant's IEP.

Turning Point will broker OJT with employers in the public, private non-profit, or private sector, identifying and targeting

employers committed to hiring Participant following training.

OJT training will take place in local industries such as: business services; health and human services; hospitality and food services;

retail and sales; construction; transportation; maintenance; metal fabrication and repair; machine work; and others to include all of

the WEB established Industry-Specific Clusters.

Staff will seek Participant training opportunities in industries that project faster than average job growth rates and provide an

environment and wages that meet Participant's living and financial needs.

Worksite Visits

Turning Point staff will visit Participants' worksites monthly and conduct evaluations. Evaluation forms will have been provided to

the employer at the outset of the training. Employers will be trained in use of evaluations in support of skill and work habit

development and job retention. The evaluation allows the employer to rate the trainee, and covers work maturity and habits such as

punctuality; attendance; attitude; appearance; interpersonal relations; and task completion.

The evaluation will be reviewed with the employer and the Participant. Areas of concern will be addressed immediately and a plan

for improvement developed, drawing on all suitable resources. Staff, employer and the Participant will all review, sign and date the

evaluation, for retention in the Participant's file.

These evaluations will be conducted with care and attention; they will start most of Turning Point's Participants documented

credibility in the world of work. Many will be used in interviews, as prior Participants seek career advancement, to evidence that

they have truly changed behaviors.

Page 9 of 15

 

 

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AMOUNT-U012

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$18,750-U012

PERIOD-U012

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JULY-U012

1,-U012

2010-U012

THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

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UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11808 - TURNI��+OJT Training Outlines will be reviewed at the worksite visits also, and used as a monitoring tool to assure employer compliance

with the Agreement and assess skill development. As with the evaluations, should there be any areas of concern, corrective

arrangements will be developed and carried out.

Counseling

Counseling will begin at the commencement of staff-directed Core Services. Counseling services will be delivered both

individually and in group activities. Individual Employment Plan counseling will be provided on a regularly scheduled basis as

soon as the plan is developed and continued until the completion of each objective.

Comprehensive Career Counseling will be provided for each Participant during services and continue in the follow-up period.

Career counseling will be provided by Turning Point staff, with input from the employer community. Participants will also attend

community job fairs and utilize technology-based data. Turning Point's specific tools to aid in career counseling will include the

PAR Self-Directed Search a guide to educational and vocational planning), the TABE Tests of Adult Basic Education),

Occupational Exploration Guide a guide to career, learning and lifestyle options); a values and communications assessment; a

variety of on-line assessment tools such as the O*NET and VOS.

Workplace culture, ethics and attitude counseling will be integrated into all of Turning Point services. High standards of work

habits, communications and respect will be modeled by all staff members. This will be a significant influence on Participants; most

of our clients' vision of a place of work is based on institutional and on the streets" work experiences.)

It is anticipated that many program Participants will require professional counseling for serious issues such as mental health,

cognitive problems, domestic violence, drug and alcohol dependency, reintegration and violent crimes backgrounds. Turning Point

will utilize linkages and collaborations with local services for individual counseling.

PLACEMENT IN UNSUBSIDIZED EMPLOYMENT:

Hiring of a program Participant into long-term unsubsidized employment will be the goal of all program components. To this end,

Turning Point will strive to foster Participant success from intake/eligibility through assessment/counseling and throughout the

training period. Turning Point plans a placement rate of 77% or higher.

Turning Point's placements into unsubsidized employment will do so following an OJT opportunity

Turning Point has a well-developed job development system and all staff are committed to job development and retention. The Job

Placement Coordinator will research and develop opportunities for program Participants that provide skill development in

employment areas projected to have a faster than average growth rate and that will lead to self-sufficiency.

Specific steps Turning Point will take to support placement are as follows;

1. Staff will develop each OJT with complete honesty, providing all need-to-know criminal history and related information to

the employer. This will establish a foundation of trust in the working relationship.

2. Staff will provide immediate and ongoing education and support to the employer regarding the special issues of the

offender and addict population.

3. Staff will seek out work environments supportive of the offender's recovery.

4. OJT's will be developed specifically for each individual and focused on. making a good job match taking into account the

goal of long-term placement.

5. Staff will continually seek out new employers through cold calls, qualified referral contacts and networking.

JOB RETENTION:

The Agency's foundation for helping Participants retain their jobs will begin with Core Services, and continue throughout Intensive

Services, Training, and Follow-Up. Turning Point will continue to implement an established strategy for retention.

Because the court-involved population is at considerable risk of returning to old behaviors, Turning Point will facilitate the

development of Participant support networks with the agency's collaboratives and linkages. Turning Point's staff will educate each

employer on the Participant's risk factors such as substance abuse, institutionalized behavior, etc.) to afford prompt intervention

with counseling and related services. For those Participants at greatest risk, referrals to community counseling and recovery

programs will be provided and monitored.

Turning Point will monitor each Participant closely throughout program services and for a minimum of twelve months after job

placement. All contacts will be documented in the Participant's file and reviewed regularly at full case conference to assess for

maximum support.

Page 10 of 15

 

 

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AGREEMENT NO. A-11808 - TURNI��+Turning Point will enlist successful program graduates and the employer community in mentorship activities. To support long-term

employment, we will focus on OJT opportunities in supportive environments with high potential for job satisfaction, skills

development, wage increase and industry growth.

Follow-up Services

Follow-up Services will start after exit and will be conducted at a minimum of, 19` quarter; 2d quarter; Std quarter and 4th quarter.

Follow-ups will be conducted using the WIA format, documented and filed in the Participant's file and entered in the Virtual One-

Stop System.

Contacts will not be limited, however, to the WIA-mandated schedule and will be conducted as an individual's needs indicate.

Turning Point will follow up through: phone contacts; work site visits; mail correspondence; employer and support system contacts;

retention strategies. Pay stubs will be collected for review of EDD wage-based reports.

The Agency will continue to be available to all individuals following placement in all unsubsidized employment. Placed adults will

be encouraged to maintain regular office contacts, and form support groups. Training graduates and their employers will be invited

to follow-up recognition and awards celebrations organized by Turning Point. Community links already in place will continue.

Should reemployment become necessary, Turning Point will offer a full array of employment services.

For ongoing program development, focus groups of active Participants and graduates will be held under the Agency's auspices to

gather realistic responses and recommendations for program improvement.

MONITORING:

Program Monitoring

To ensure that program objectives and performance measures are fulfilled, Turning Point will continuously monitor activities and

results through a system of data management, and ongoing staff review. All staff will be briefed in compliance and implementation

of WIA contract components so that they will be considered de facto monitors," and will be able to identify and report any issues

affecting program effectiveness.

Weekly staff meetings will be conducted to review performance, outcomes and status of objectives. Program structure is adjusted

immediately to correct any ineffectiveness.

At the commencement of Program Services a master file will be prepared for each Participant. This file will serve as a conduit to

hold all Participant paperwork, track progress, and assure contract compliance. All staff will be cross-trained to audit the entire file

or take responsibility for additional portions of upkeep as needed.

Monitoring will be supported by regular review and audit of Participant's file which will include: case notes; IEP; OJT Agreement

and all related paperwork such as Obligation of Funds; Monthly Report of Expenditures and Needs-Based Payments; Case

Management forms such as monthly evaluations and bi-weekly follow-ups. Each active file will be audited at least monthly for

contract compliance and client services. Any internal file audit findings will be corrected immediately.

The Employment Program Director will review every newly completed file and every exited file, conducting a comprehensive audit

of Program compliance factors.

Turning Point will utilize a well-developed internal system to monitor all program activities. This covers: Client and Employer

Information; Exit and Follow-Up Tracking; Obligation of Funds Activity; Participant Activity Tracking. The Agency has an

established professional MIS system for ready entry, calculation and access of statistical data. Reports will be updated weekly and

distributed to all staff and reviewed at weekly staff meetings.

Turning Point will use internal tracking statistics to verify all Performance Reports provided by the Monterey County Workforce

Investment Act Services MIS Department. If any discrepancies are noted Turning Point will immediately notify staff in the MIS

department and work cooperatively for resolution to maintain program effectiveness.

Each inquiry for program information is documented to include the outcome of the inquiry. This information is maintained in an

Excel database to track information and referrals on inquiries.

Page 11 of 15

 

 

BIB]

 

40388-U01

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SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11808 - TURNI��+Fiscal Monitoring

Turning Point's Chief Operating Officer at the Administrative Office in Visalia), Deputy Regional Director and Employment

Program Director will develop the annual budget in accordance with Program Customer Objectives and Performance Measures of

the WIA contract.

The Chief Financial Officer provides all above entities with a monthly Operating Statement and Expenditure Report. These are

reviewed monthly to assure program monetary goals are in accordance with objectives and performance measures. Should any

discrepancies be reflected they will be investigated and remedied without delay. As an additional fiscal monitoring tool Turning

Point has implemented an on-site program expenditure tracking form for all operating expenses, which is updated weekly.

Support Service expenditures will be closely monitored and tracked by the Case Manager. The Case Manager will update this

Report twice a month and provide all staff with a copy for review and adjustment if necessary. Participant Support Service needs

that cannot be met through any other means will be purchased with WIA money which is accounted for in the budget) and

documented in financial records.

All support services and program operation purchases must be pre-approved by the Employment Program Director or, if over $500,

by the Deputy Regional Director and, if over $1,000, by the Chief Operating Officer. Receipts must reflect approval before being

forwarded to the fiscal department.

Turning Point will continue to implement employer reimbursements with procedures that track the obligation of funds and accuracy

in reporting and calculation. Turning Point will monitor employer reimbursements through:

1. Instructing employers in use of Participant Time Sheets.

2. Pickup of Participant Time Sheets for timely submittal.

3. Case Manager verification of employer calculation for reimbursement.

4. Completion of County of Monterey Office for Employment Training Monthly Report of Expenditures for OJT Contracts"

form.

5. Calculation of the balance of hours and money obligated to each OJT employer.

6. Time Sheet and Expenditure Report verified and approved by the Employment Program Director.

7. Completed forms processed and distributed; information updated in Obligation of Funds Tracking form.

ADDITIONAL SERVICES:

Turning Point will offer residential substance abuse treatment, housing, food, daily supervision and a variety of other support

services for State Parolees and Federal Probationers at its residential facility across the street from the Employment Program office.

Turning Point's mission is to provide a program and services to ex-offenders, which assists them in restoring their dignity through

work, economic self-sufficiency and social responsibility. According to experts in the field, The cycle of returning to prison can

be broken only if several conditions are met. The parolees must be free of substance and alcohol abuse. They must have permanent

housing and social support. And they need steady employment.

Turning Point will ensure that Title I Adult Program Services are available to eligible men and women in our community. We

believe they have the right to receive the knowledge, skills, direction and support essential to gaining meaningful employment,

self-sufficiency, and a place in society.

As the Lead agency, Turning Point will work assiduously to oversee and coordinate the activities of all partners, and foster an

environment of mutual support in meeting program objectives. With a knowledgeable staff and sound record of contract

fulfillment, we will continue to build our experience and refine internal procedures developed for compliance with WIA law, as

well as work toward continuous improvement in our Employment Program services.

2. PROGRAM OBJECTIVES NARRATIVE

Enrollment Goals / Total Exit Adult Performance Goals

 We will enroll 60 individuals into Intensive services, All of these enrollees will be in need of job training services.

 At least 46 participants 76% of all enrollments) will enter unsubsidized employment with their training employer, or another

employer.

 At least 46 participants 76% of all enrollments) will still be working at the third quarter after exit follow-up.

 All individuals that retain their employment during the follow-up period will realize an adult earning gain of at least $3,500,

and a much higher quality of life.

Page 12 of 15

 

 

BIB]

 

40388-U01

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LI21329-U03

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AS89584-U03

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$881,250-U012

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1,-U012

2010-U012

THROUGH-U012

JULY-U012

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C.-U012

AUTHORIZE-U012

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OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

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EMPLOYMENT-U012

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HIS-U012

DESIGNEE,-U012

TO-U012

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UP-U012

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THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

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OF-U012

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AGREEMENT NO. A-11808 - TURNI��+Turning Point's Enrollment Goals and Performance Measures are projected in the Program Operating Plan attached. The Agency

plans to enroll participants from Monterey County in the WIA program beginning July 1, 2010 and continuing through March 31,

2011. Enrollment is projected as follows:

July  September 2010: 19 participants October  December 2010: 37 participants

January March 2011: 60 participants April June 2011: 60_ participants

We project 100% enrollment for each quarter in each program activity.

Methodology to Achieve Enrollment Goals

The total number of persons served from the targeted groups across the County will be 60. All of these individuals will be in need

of job training services.

Enrollment goals will be achieved through Turning Point's extensive Outreach and Recruitment plan detailed in the Program

Design Narrative # 1). Applicants will be referred primarily by the California State Parole Department and the Monterey County

Probation Department. Some referrals will be from the Federal Probation Department. Enrollment goals will also be met by

countywide recruitment through publicity, such as advertising in local newspapers, liaison with community-based organizations,

job fairs and events, and presentations promoting program benefits.

Orientation will clarify that men and women in the program will be valued as individuals from the outset. Both Turning Point's

and participants' commitments will be clearly defined, and the profound benefits of finding sound, lasting employment emphasized.

Turning Point's methodology takes into account the effects of institutional environments that have in many cases shaped the

behavior and outlook of the individuals we seek to serve. For over three decades, the Agency has developed a highly effective

approach for engaging men and wdlnen with serious attitude issues such as distrust, manipulation, a profound sense of defeat,

instability, ignorance and fear. Every aspect of outreach and recruitment will communicate that Turning Point can be trusted to

help and provide an array of practical solutions in a consistent, professional manner.

Turning Point staff is knowledgeable in working with the target population, and cognizant of the need for patience and consistency,

at the same time challenging clients to grow in responsibility and self-discipline. The Agency will foster a partnership approach

with clients to increase self-esteem and a sense of ownership in keeping the job that they worked to get."

As part of Turning Point's methodology for achieving the final exit performance goals, all participants will enroll in all Intensive

Services components. The target population will have extensive needs in every Intensive Service category, and the Agency's 33

years of experience in Employment Programs has seen the highest results achieved through a total immersion" approach.

Attentive Case Management will determine the actual extent of participation for each individual.

No enrollments will be carried in from prior contract year.

Performance objectives for program elements in Intensive Services and methodology to accomplish are as follows:

1. 60 participants 100 percent) will be availed of case management services. Method: A Case Manager will be assigned to

every participant who will plan and guide services/needs and document the progress of each participant in their individual

case file.

2. 60 participants 100 percent) will have a comprehensive assessment. Method: Assessments will utilize Partner and

Program-administered assessments as described in the Program Narrative section. These assessments will be documented

in their case services file.

3. 60 participants 100 percent) will have an Individual Employment Plan developed. Method: The plan will be based on

assessment results and mutually agreed upon by client and staff Staff will update and document objectives and outcomes.

4. 60 participants 100 percent) will participate in group counseling. Method: Regularly scheduled individual and group

sessions will be conducted and attendance documented for each session.

5. No work/entry employment experience will be offered.

6. 60 participants 100 percent) will participate in individual and career planning. Method: Staff will conduct regularly

scheduled counseling sessions and document these in the case file, noting areas of progress toward goals and problem

resolutions.

7. No short-term pre-vocational services will be offered.

8. No internships will be offered.

9. 60 participants 100 percent) will be enrolled in OJT). Method: Job placement and retention are primary objectives of

the program. This includes helping clients complete OJT and continue to work for the same employer. Central to a

successful retention strategy is knowing what the participant can do and what the employer needs. Thorough assessment

of our clients and employer screening will be the foundation for a good match from the beginning. Turning Point's staff

Page 13 of 15

 

 

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THROUGH-U012

JULY-U012

31,-U012

2010;-U012

C.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11808 - TURNI��+will educate each employer on the participant's risk factors such as substance abuse, institutionalized behavior) to afford

prompt intervention with counseling and related services, thereby minimizing the possibility of termination.

WIB Training and Meeting Attendance

Turning Point agrees to participate in all training programs offered and coordinated by the Monterey County WIB and its staff.

These trainings and events include, but are not limited to, adult program elements identified in the WIA, enhancing team building

and coordination between partner agencies, reporting monthly subcontract performance updates to the WIB's Oversight Committee

and other subcommittees of the WIB as appropriate, Virtual One Stop VOS) system training and program upgrades, fiscal

operations, working with hard to serve clients and any other pertinent training offerings as deemed appropriate by WIB staff that

are designed to improve administrative and/or programmatic services.

Total Exits and Performance Measures

1. 46 participants 76 percent of 60) will enter unsubsidized employment. Method: Job retention strategies and inclusive

Case Management will support long-term employment.

2. 14 participants 24 percent of 60) will have other types of exits. Method: Other exits will be documented and tracked.

Whenever possible, other exits will be guided toward a positive employment outcome or other training opportunity.

3. 46 participants 76 percent of 60) will enter unsubsidized employment following OJT. Method: Through comprehensive

case management and placement activities, Program staff will document the attainment of unsubsidized employment for

participants completing OJT.

4. 46 participants 76 percent of 60) that are employed in the first quarter after exit will realize an adult earning gain of

$3,500 or more. Method: Effective job development will result in permanent employment with pay rates that support

self-sufficiency.

5. 46 participants 76 percent of 60) will be employed in the first quarter after the exit quarter. Method: Program staff will

maintain contact with participants and/or employees to track the job retention status of each participant. Services will be

provided as needed to promote job retention.

Methodology to Accomplish Performance Goals

Job retention will be a primary objective of our program. This includes helping clients complete OJT and continue to work for the

same employer. Central to a successful retention strategy is knowing what the participant can do and what the employer needs.

Thorough assessment of our clients and employer screening will be the foundation for a good match from the beginning. Turning

Point's staff will educate each employer on the participant's risk factors such as substance abuse, institutionalized behavior) to

afford prompt intervention with counseling and related services, thereby minimizing the possibility of termination.

Close liaison with area business and industry will help us train specifically for local labor market needs. The Agency will seek

advice from the local Workforce Investment Board and the private sector to tailor pre-employment services so our clients will. be

working toward realistic goals.

To ensure job retention objectives are met, Turning Point will monitor the participant closely throughout program services and for

a minimum of twelve months after job placement. Turning Point will refer participants to support networks with many community

agencies and organizations, provide for professional counseling, and enlist mentors from successful program graduates. To support

long-term employment, Turning Point will focus on OJT opportunities with high potential for job satisfaction, skills development,

wage increase and industry growth.

Individuals who have graduated" to long-term employment will be encouraged to make regular office contacts and form support

groups. They will continue to be supported by Turning Point services and be recognized for their accomplishments.

WIA PARTICIPANT EXIT STRATEGY BASED ON THE ADULT COMMON PERFORMANCE MEASURES:

Turning Point shall develop a WIA participant exit strategy to successfully achieve the Common Performance Measure outcomes

for adult programs. Specific definitions of the Common Performance Measures are defined in the Training and Employment

Guidance Letter TEGL) 17-05, dated Feb. 17, 2006. The Department of Labor DOL) Common Performance Measures described

in the TEGL 17-05 reflect the agreed upon measures for the federal employment and training programs, including programs

administered by DOL and the Department of Education.

Prior to the exit of all WIA adult participants, Turning Point will consider the following:

a. Determine if the participant needs additional planned services", prior to exit.

Page 14 of I5

 

 

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AUTHORIZE-U012

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DEPARTMENT-U012

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EMPLOYMENT-U012

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DESIGNEE,-U012

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3)-U012

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TO-U012

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10%),-U012

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AGREEMENT NO. A-11808 - TURNI��+b. Consider the effect the exit will have on Monterey County's overall Common Performance Measure outcomes

including: Entered Employment, Employment Retention and Average Earnings.

c. Develop a post exit strategy to increase retention

The following Adult Common Measures include both Adult and Dislocated Worker participants:

a. Entered Employment

Of those who are not employed at the date of participation:

Number of adult participants who are employed in the first quarter after exit quarter

Number of adult participants who exit during the quarter

b. Employment Retention

Of those who are employed in the first quarter after exit:

Number of adult participants who are employed in both the second and third quarters after exit quarter

Number of adult participants who exit during the quarter

c. Average Earnings

Of those adult participants who are employed in the first, second, and third quarters after the exit quarter:

Total earnings in the second plus total earnings in the third quarters after the exit quarter

Number of adult participants who exit during the quarter

Payment Provisions

Turning Point will be paid on a cost reimbursement basis within the limits of the approved line item budget on Exhibit B.

Page 15 of 15

 

 

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AGREEMENT NO. A-11808 - TURNI��+MONTEREY COUNTY

WORKFORCE INVESTMENT BOARD

AGENCY: TURNING POINT OF CENTRAL CALIFORNIA, INC

ADULT SUBCONTRACT

Effective Date: July 1, 2010

Contractor must ensure that planned expenditures prorated to and within this budget are in accordance

with reasonable and recognized methods of allocating costs.)

ITEMIZED BUDGET CATEGORIES

EXHIBIT B

LINE ITEM BUDGET

2010-11

   a200.0.15  a200.0.04 TOTAL  Quarterly Plan 

  CORE SERVICE  INTENSIVE BUDGET 9130110 12/31/10  3131111 6130111

8500

8500

8500 STAFF SALARIES AND BENEFITS

SERVICES AND SUPPLIES

Building Rent $

 

$ 103,527.00

 

12,630.00 $

 

$ 131,761.98

 

16,074.00 $ 235,288.98

 

$ 28,704.00 $ 58,822.25

 

$ 7,176.00 $ 117,644.49

 

$ 14,352.00 $

 

$ 176,466.74

 

21,528.00 $ 235,288.98

 

$ 28,704.00

85x0 Building Maintenance and Repair $ 1,551.00 $ 1,974.00 $ 3,525.00 $ 881.25 $ 1,762.50 $ 2,643.75 $ 3,525.00

5500 Janitorial $ 352.00 $ 448.00 $ 800.00 $ 200.00 $ 400.00 $ 600.00 $ 800.00

8500 Utilities $ 1,320.00 $ 1,680.00 $ 3,000.00 $ 750.00 $ 1,500.00 $ 2,250.00 $ 3,000.00

8500 Postage and Shipping $ 132.00 $ 168.00 $ 300.00 $ 75.00 $ 150.00 $ 225.00 $ 300.00

8500 Office Supplies $ Z046-00 $ 2,604.00 $ 4,650.00 $ 1,162.50 $ 2,325.00 $ 3,487.50 $ 4,650.00

8500 Computers/Hardware/Peripherals $ 2,068.00 $ 2,632.00 $ 4,700.00 $ 1,175.00 $ 2,350.00 $ 3,525.00 $ 4,700.00

8500 Equipment Maintenance $ 2,068.00 $ 2,632.00 $ 4,700.00 $ 1,175.00 $ 2,350.00 $ 3,525.00 $ 4,700.00

8500 Equipment Lease/Rental $ 1,672.00 $ 2,128.00 $ 3,800.00 $ 950.00 $ 1,900.00 $ 2,850.00 $ 3,800.00

8500 Communications/lnternet $ 1,716.00 $ 2,184.00 $ 3,900.00 $ 975.00 $ 1,950.00 $ 2,925.00 $ 3,900.00

8500 Insurance $ 746.00 $ 949.00 $ 1,695.00 $ 423.75 $ 847.50 $ 1,271.25 $ 1,695.00

8500 Employee Travel $ 484.00 $ 616.00 $ 1,100.00 $ 275.00 $ 550.00 $ 825.00 $ 1,100.00

8500 Employee Training $ 2,090.00 $ 2,660.00 $ 4,750.00 $ 1,187.50 $ 2,375.00 $ 3,562.50 $ 4,750.00

8500 Outreach/Prinfing $ 880.00 $ 1,120.00 $ 2,000.00 $ 500.00 $ 1,000.00 $ 1,500.00 $ 2,000.00

8500 Other Professional Services Audit $ 88.00 $ 112.00 $ 200.00 $ 50.00 $ 100.00 $ 150.00 $ 200.00

8500 TOTAL SERVICES AND SUPPLIES $ 29,843.00 $ 37,981.00 $ 67,824.00 $ 16,956.00 $ 33,912.00 $ 50,868.00 $ 67,824.00

CENTRAL OPERATING EXPENSE INDIRECT) $ 15,757.00 $ 20,055.02 $ 36,812.02 $ 8,953.01 $ 17,906.01 $ 26,859.02 $ 35,812.02

PROFIT $  Is  $  $  Is  $  $

Total Core Budget $ 149,127.00   

Total Intensive Budget $ 189,798.00   

TOTAL SUPPORTIVE SERVICES $ 27,000.00 $ 6,750.00 $ 13,500.00 $ 20,250.00 $ 27,000.00

TOTAL CONTRACT BUDGET $ 365,925.00 $ 91,481.25 $ 182,962.50 $ 274,443.75 $ 365,925.00

80,325.00

446,250.00

20,081.25

111,562.50

40,162.50

223,125.00

60,243.75

334,687.50

80,325.00

446,250.00

 

 

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AGREEMENT NO. A-11808 - TURNI��+XI= C

MONT LY PERFORMANCE AND E NROL 1 MRNT GOALS

2010-11

Adult Program Operating Plan

Cumulative Monthly Performance and Enrollment Goals

Service Provider: Turning Point of Central California

MON RENDING 7/31/2010 S/3112010 9/3012010 10/31/2010 11130)2010 12/31/2010 1/31/2011 2/2812011 3/31/2011 450/2011 5/31/2011 613012011

L Total Enrollment in Core WIA Services 6 12 19 25 31 37 43 50 60 60 60 60

IL Total Enrollment in Intensive WIA Services Sum of ILA.+ILB) 6 12 19 25 31 37 43 50 60 60 60 60

A. New Enrollments in Intensive Services

 

 

B. Enrollments Carried in from Prior Contract Year

B 6

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C. Program Elements Intensive Services 6 12 19 25 31 37 43 50 60 60 60 60

1) Case Mangement for Participants 6 12 19 25 31 37 43 50 60 60 60 60

2) Comprehensive Assessment 6 12 19 25 31 37 43 50 60 60 60 60

3) Development of Individual Employment Plan 6 12 19 25 31 37 43 50 60 60 60 60

4) Group Counseling 6 12 19 25 31 37 43 50 60 60 60 60

5) Work/Entry Employment Experience L 5tn

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7) Short Term Pre-Vocational Services yEeZ' r k 15 N n u r r s 1y~~ w  a r~ 3 y~ N

8) Interships Private Sector Work Experience)

 

D. Total Enrollment in Individual Training Accounts ITA)

1) New Enrollment in ITA

 

2) 1717A Enrollments Carried in from Prior Contract Year r

 

 

 

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E. Total Enrollment in On-eke-Job Training OJT) 6 12 19 25 31 37 43 50 60 60 60 60

1) New Enrollments in OJT 6 12 19 25 31 37 43 50 60 60 60 60

2) OJT Enrollments Carried in from Prior Contract Year r  x F x 1 a 3,~3'  x x t  s   4' r i

1�1

o

0 s

I L Total Exits Sum of!ILA.+]ILB) 0 0 1 1 1 18 l8 18 38 38

 

38 60

A. Entered Unsubsidized Empoyment of Total Exits 0 0 1 1 1 14 14 14 29 29 29 46

1) Entered Unsubsidized Empoyment Following Training 0 0 1 1 1 9 9 9 29 29 29 46

B. All Other Exits 0 0 0 0 0 4 4 4 9 9 9 14

IV. Total Current Enrollment 11- III) 6 12 18 24 30 19 25 32 22 1 22 22 0

 

 

BIB]

 

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$18,750-U012

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CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11808 - TURNI��+EXHIBIT D

OTHER TERMS AND CONDITIONS

The following applies to all programs and/or projects funded under the Workforce Investment Act W.I.A.) conducted by

Turning Point of Central California, Inc. hereinafter referred to as CONTRACTOR. The County of Monterey Board

of Supervisors, acting as the Local Workforce Investment Area LWIA), is hereinafter referred to as County" or Workforce

Investment Board WIB).

5. ADDITIONAL PERFORMANCE STANDARDS

5.04. The CONTRACTOR shall comply with all the Special Provisions/Conditions and Assurances of this Contract; the

requirements of W.I.A. and the regulations promulgated under W.I.A.; all applicable terms and conditions imposed

and required by any grant between the County and the State of California State); and any subsequent revisions

and/or modifications of it; any administrative and/or statutory requirements imposed by the State, although the

State is not a direct party to this Contract.

5.05. In the event there is a conflict between the provisions of this Contract, the provisions of the W.I.A Plan, including

the attachments hereto and the documents incorporated therein as presently worded or as amended in the future, the

parties hereto agree that the provisions of said plan as defined by County within the context of the 5-year LWIA

Job Training Plan shall prevail.

5.06. The CONTRACTOR, commencing as of the date of execution of this Contract by both parties, shall perform all

the functions set forth in the Description of Program. Adequate performance under this Contract is essential and

the CONTRACTOR shall measure its performance results against goals and performance standards provided by

this Contract. Measured performance below goals standards will constitute noncompliance with the terms of this

Contract.

5,07, CORRECTIVE ACTION PLAN: It is the responsibility of the CONTRACTOR to bring to the attention of the

County areas of performance which are below goals and standards and, with respect to each such area, prepare a

corrective action plan or a statement justifying modification of operational plans. In addition, upon receipt of any

monitoring report or other communication identifying areas of concern, a corrective action plan must be submitted

to the County within the time frame identified in the report. A corrective action plan shall consist of the following:

a) Specific Actions to be taken

b) The objective of each action

c) Completion dates

d) Person(s) responsible

e) Result to be accomplished.

The CONTRACTOR shall submit all corrective plans to WIB staff for written approval, If approved, the

CONTRACTOR shall keep the County aware on a continued basis of the results of the corrective action plan. The

County reserves the right to require modifications to the corrective action plan, satisfactory to the County, in the

event of failure by the CONTRACTOR to achieve the specified results.

6. PAYMENT/REIMBURSEMENTS/ADJUSTMENTS CONDITIONS-Additional Provisions

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AGREEMENT NO. A-11808 - TURNI��+6.03. CONTRACTOR shall maintain a financial management system that complies with Monterey County WIB adopted

standards and as directed by the State of California. Fiscal accounts will be maintained in a manner sufficient to

permit reports required by the WIB or the State of California to be prepared.

6.04. PAYMENT ADJUSTMENTS: If any funds are expended by the CONTRACTOR in violation of the terms of this

Contract including all applicable statutes, regulations, guidelines, WIB Bulletins), the County may deduct the

amount of such unauthorized or illegal expenditures from payments otherwise payable to CONTRACTOR in order

to recover any amount expended for unauthorized purposes in the current or immediate preceding fiscal year. No

such action taken by County shall entitle the CONTRACTOR to reduce program operations or salaries, wages,

fringe benefits, or services for any program participant. Any such reduction in expenditures may be deemed

sufficient cause for termination of this Contract. Within thirty 30) days of request by County, CONTRACTOR shall

reimburse County for any payments made for expenditures, which are in violation of this Contract.

6.05. PAYMENT OF AUTHORIZED EXPENDITURES: Subject to receipt of funds from State, County agrees to

reimburse CONTRACTOR for expenditures authorized in the program budget. Financial reports and invoices are

due to the fiscal department of the Office for Employment Training OET) by the 15`x' working day of each month

and shall include all obligations, expenditures and accruals incurred during the previous month, unless otherwise

specified by the WIB. OET shall pay the certified invoice within 30 days of receiving the certified invoice.

Financial information reported on claims must be directly linked to records maintained by the CONTRACTOR

which support actual delivery of services as outlined in the existing contract between the subagent and the LWIA.

The LWLA shall be the sole judge of what constitutes adequate supporting documentation.

6.06. FISCAL RESPONSIBILITIES

6.06.01. No cost shall be allowed under this Contract which is not specifically identified in CONTRACTOR

approved budget or schedule of payment. CONTRACTOR shall not transfer funds between cost categories

or adjust designated total budget" line items without prior written approval by authorized WIB staff

applicable to cost reimbursement contracts only). Invoices for reimbursement submitted by

CONTRACTOR that include designated total line item expenditures above the total budget for that

designated line item will not be paid until the cost overrun is reconciled. Budget line items noted in italics

are not subject to reconciliation if variance occurs except the total budget for the italicized category. All

limitations on expenditures specified in Federal and State fiscal requirements shall apply to this Contract.

6.06.02. CONTRACTOR shall not charge nor receive compensation under this Contract for any services or

expenses unless said services or expenses are directly and exclusively related to the purpose of this

Contract. In addition, payment may not be received by CONTRACTOR from any other source for said

services or expenses. Moreover, funds shall not be allowed for cost incurred before or after the effective

dates of this Contract. Funds shall not be based as security or payment for obligations nor as loans for

activities of other funded programs.

6.06.03. CONTRACTOR shall have adequate administrative and accounting controls, personnel standards,

evaluation procedures and other policies to promote the program's effective use of funds provided under

this Contract.

6,06.04. CONTRACTOR shall submit to the WIB all required reports on a timely basis as delineated by the WIB.

Original OJT contracts copies will not be accepted) must be submitted to the WIB no later than 3 days

after the contract start date. Participant enrollment data not on file with the WIB at the time of OJT

contract submittal will result in a negative evaluation. All such evaluations will be provided to the WIB as

part of their Oversight and Evaluation responsibilities.

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AGREEMENT NO. A-11808 - TURNI��+6.06.05. CONTRACTOR must submit to the WIB deobligations for OJT contracts ending prior to the scheduled

contract end date. These deobligations must be submitted no later than 15 working days following the OJT

contract earlier ending date,

6,07. Notwithstanding any other provisions of this Contract, County may elect not to make a particular payment on

account of this Contract if:

a) MISREPRESENTATION: CONTRACTOR, with or without knowledge, shall have made any

misrepresentation of a substantial and material nature with respect to any information furnished to County.

b) LITIGATION: There is then pending litigation with respect to the performance by CONTRACTOR of any of

its duties or obligations hereunder which may jeopardize or adversely affect carrying out the project, including

any court action or proceeding involving the Federal Bankruptcy Act.

c) DEFAULT: CONTRACTOR is in default under any provision of this Contract.

6.07. PROGRAM INCOME/UNEXPENDED FUNDS.

6.08.01. Public or private non-profit CONTRACTOR revenues received in excess of costs which have been

properly earned) and which are received in addition to payments made by County to CONTRACTOR

are to be treated as program income. Accordingly, these funds may be retained by the service provider to

underwrite additional training or training related services pursuant to the project or program that

generated them, consistent with the purposes of W.I.A, When CONTRACTOR ultimately discontinues

the provision of all W.I.A. training and/or services described in this Contract, program income remaining

shall be returned to the County.

6.08.02. Return of Unexpended Funds. CONTRACTOR agrees that either upon completion or termination of this

Contract, any unexpended and/or unauthorized funds received shall be promptly returned to County.

6.09. DISALLOWED COSTS: The CONTRACTOR has full responsibility to ensure the proper expenditure of W.I.A.

funds paid to it under its Contract with County. Any funds expended by CONTRACTOR under a Contract from the

County, which are later determined not to have been allowable, must be immediately refunded to the County.

6.09.01. CONTRACTOR shall be notified of all final determinations made by the LWIA regarding audit reports,

independent monitoring reports, and LWIA administrative findings by a final determination letter.

6.09.02. CONTRACTOR may appeal or seek a legal determination with regard to any such disallowance. During

the pending of any such appeal or legal action, CONTRACTOR must deposit funds in the total amount

disallowed in an interest bearing escrow account or provide the County with acceptable security for such

funds. At the conclusion of the appeal, the interest earned shall be divided proportionately with the

deposited funds according to the ruling on the deposited funds.

6.09.03. If CONTRACTOR fails to refund any disallowed cost and further fails to place the funds in an escrow

account or to provide adequate security therefore within 30 days, County may, at its sole discretion,

terminate any and all Contracts with CONTRACTOR effective immediately thereon.

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AGREEMENT NO. A-11808 - TURNI��+6.10. STAFF SALARY LIMITATIONS

6.10.01, Personnel whose time is charged to the Program Budget under this Contract or.subcontract shall be paid

on a pro-rata basis commensurate with the percentage of time devoted to the program, Personnel costs

including salary shall be reasonable, Employees of CONTRACTOR shall be compensated under this

Contract only for work performed under the terms of this Contract.

6.10.02. County shall not pay, and CONTRACTOR shall not request payment for any accrued employee fringe

benefits including vacation and sick time), which were not accrued by CONTRACTOR employees

during the term of this Contract.

6.11. PER DIEM AND TRAVEL: Mileage payments when permitted should be made at the agency rate per mile, but the

rate cannot exceed the amount allowed by the County of Monterey.

6.12. SUSPENSION OR REDUCTION OF FUNDING: County may suspend payments to CONTRACTOR prior to

termination in whole or in part for cause. Cause shall include the following:

a) Failure to comply in any respect with either the terms and/or conditions of this Contract, or

b) Submission to County of reports that are incorrect or incomplete in any substantial and material respect, or

c) Termination or suspension by the State of the grant to the County.

6.12.01. County may withhold payment of any unearned portion. of the grant if CONTRACTOR is unable or

unwilling to accept any additional conditions that may be required by law, by executive order, by

regulation, or by other policy announced by State at any time. Upon suspension of funds, CONTRACTOR

agrees not to expend any funds related to or connected with any area of conflict concerning which County

has determined that suspension of funds is necessary.

6.12.02. Failure of the CONTRACTOR to satisfy administrative standards and/or performance goals may result in

the immediate reduction of service levels to applicants and/or enrollees by the County. Such reduction will

be accompanied by a proportionate decrease in obligated contract funds.

7. ADDITIONAL TERMINATION CONDITIONS

7.02.0 1.This Contract may be terminated immediately in whole or in part for cause, which shall include, but is not

limited to the

a) Suspension or termination by State of California of the grant to County under which this Contract is

made, or

b) Improper use of funds furnished under this Contract.

7.03, The CONTRACTOR shall have the right of appeal in the event of termination for cause only. Regular appeal

procedures for resolving disputes may be utilized, except that if CONTRACTOR has failed to submit its appeal

within fifteen 15) days from the date of termination notice, CONTRACTOR shall have no right to appeal. In any

case, where County has made a determination of the amount due to CONTRACTOR, County shall pay to the

CONTRACTOR the following:

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AGREEMENT NO. A-11808 - TURNI��+a) If there is no right of appeal hereunder or if no timely appeal has been taken, the amount determined by

County, or

b) If an appeal has been taken, the amount finally determined by such appeal.

10. RECORDS AND CONFIDENTIALITY  Additional Provisions

10.04.01. The expenditure of W.I.A. funds is subject to independent audit under the Single Audit Act of 1984 and

the Single Audit Act Amendments of 1996. CONTRACTOR must furnish the Monterey County Office for

Employment Training OET) with an audit report within thirty 30) days of the completion of the audit but

not more than nine 9) months after the end of the audit period.

10.04.02. Audit requirements are stipulated by the Office of Management and Budget OMB) Circular A- 133.

10.04.02.01. As a condition of receiving W.I.A. funds, the independent auditor or monitor of the LWIA,

the Employment Development Department EDD) auditors, investigators, monitors, and their

representatives, shall at all times during the period that the grant is in force and for a period of

four years thereafter, have access to all related records and fmancial statements and to

individuals with knowledge of the records and financial statements as may be necessary to

ensure compliance to the W.I.A. law, regulations, and directives.

10.04.02.02. Each LWIA will conduct and ensure that their subrecipients, expending a combined total of

$300,000 or more in federal funds in fiscal years ending on or before December 31, 2003, or

$500,000 or more of federal funds in fiscal years ending after December 31, 2003, conducts

an audit in accordance with Section 184 of W.I.A., Title 20 CFR Section 667.200, Title 29

CFR Part 95 or 97 as applicable), and Title 31 USC Chapter 75.

10.04.02.03. All documents, records, work papers, etc. associated with the audit shall be retained for a

minimum of three 3) years after the issuance of the audit report. If, prior to the expiration of

the three year time period, any audit resolution, litigation, or claim is instituted involving the

grant covered by the records, the CONTRACTOR shall retain the documentation beyond the

period until the audit findings, litigation, or claim has been finally resolved and written

notification is received from the Director of the Employment Development Department

regarding destruction.

10.04.03. Board Minutes. CONTRACTOR shall have available for W.I.A. review copies to all Board or Council

minutes in which the W.I.A. program is discussed.

10.04.04. Public Statements/Press Releases, Prior to release, CONTRACTOR shall submit any press release or

statement to the public related to this Contract to WIB for review and approval.

10.04,05. CONTRACTOR shall submit to County all required reports on a timely basis as delineated by County.

CONTRACTOR shall submit written monthly status reports covering such items as progress of work

being performed, milestones attained., resources expended, problems encountered and corrective action

taken or other reports determined to be necessary by the WIB, These reports are due to the WIB by the

15th working day of each month, CONTRACTOR also shall submit on a timely basis all required

contract supplemental documents.

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EXCEED-U012

TEN-U012

PERCENT-U012

10%),-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11808 - TURNI�� +10.04.06. CONTRACTOR shall make available to the County, upon request, a complete and detailed record or cost

allocation of any expenses that are in whole or part supported with program funds. This detailed account

shall include percentages and total contributions from both W.I.A. and non-W.I.A. sources. Shared

expenses may include, but are not necessarily limited to the following; staff salaries, facilities, equipment,

etc.

11. NON-DISCRIMINATION/AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY  Additional

Provisions

11.01. CONTRACTOR will take affirmative action to ensure that applicants and employees are treated during

employment or services without regard to their race, color, religion, sex, citizenship, national origin, handicap, age,

political affiliation or beliefs, Such action shall include, but not be limited to, the following:

11.02. Recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation,

demotion or transfer, job assignments, working conditions, hiring, training, and selection for training

including apprenticeship, and all terms and conditions of employment.

11.03. CONTRACTOR will comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment

Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in the Department

of Labor regulations, 41 CFR 60, 29 CFR 97.36 i) 1-13), 29 CFR 37.20 a) 1), and other pertinent Federal, State

and local Equal Employment Opportunity and Affirmative Action regulations, guidelines and policies pertaining to

W.I.A. participants and CONTRACTOR staff.

11.04. CONTRACTOR will be governed by W.I.A. procedures relating to complaints alleging violations of the Act,

regulations, grant, other Contracts under the Act including terms and conditions of employment. Participants will be

notified in writing, upon enrollment into employment or training, of the W.I.A. Complaint Procedures including

notification of their right to file a complaint and instructions on how to do so. Complaint Procedures include: 1) the

right to file a complaint, 2) the opportunity to resolve complaints informally 3) written notice of hearings, and 4) a

final decision within sixty 60) days of the date of filing.

11.05. PERSONNEL PROCEDURES: CONTRACTOR shall ensure equal employment opportunity based on objective

personnel policies and practices for recruitment, selection, promotion, classification, compensation, performance

evaluation, and employee-management relations.

13. ADDITIONAL INDEPENDENT CONTRACTOR CONDITIONS

1.3.01. CONTRACTOR is not in a Local Workforce Investment Area contractual relationship with the State and therefore

shall be governed in the operation of the program by this Contract.

14. ADDITIONAL NOTICE CONDITIONS

14.01. Notice shall be effective on the date personal service is effected or the date of the signature of the return receipt.

15. ADDITIONAL GENERAL REQUIREMENTS

15.01.01. Conflict of Interest. CONTRACTOR shall not pay compensation in any form to a person employed by

County within the preceding two years, if such person in any way participated in any action or decision

which affected the economic interest of CONTRACTOR or the action or decision was one which

affected the CONTRACTOR's interest as a member of the public or a significant segment of the public,

Page 6 of 9

 

 

BIB]

 

40388-U01

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AGREEMENT NO. A-11808 - TURNI��!+or as a member of an industry, profession or occupation to no greater extent than any other member of

the public, industry, profession or occupation.

15.02.01. Amendment to Contract. This Contract contains the full and complete understanding between the parties

subject to any applicable laws, rules, and regulations. County may issue administrative directives and/or

unilateral Contract amendments concerning interpretations of federal rules and regulations, directives

received from State and/or requests from the Board of Supervisors that may require changes in

procedures by CONTRACTOR. CONTRACTOR shall be deemed responsible for complying with such

administrative directives and/or amendments only after being formally notified in writing of the

appropriate action necessary. CONTRACTOR may initiate requests for Contract amendments, including

budget line-item amendments, only once per fiscal quarter. All requests for Contract amendment must

provide a detailed justification for such an amendment.

15.13.01. Civil Code Section 1654. It is agreed and understood by the parties hereto that this Contract has been

arrived at through negotiation and that neither party is to be deemed the party which prepared this

Contract within the meaning of Civil Code Section 1654.

15.15.01. Authority to Bind Contractor. Prior to the execution of this Contract, CONTRACTOR shall furnish

County in writing, a list of persons authorized to execute on behalf of CONTRACTOR: Contracts,

modifications to Contracts, invoices or other documents as may be required by County. The above list

should include signatures of all authorized individuals and be certified by CONTRACTOR governing

body. In the event authority is delegated to a position e.g., President, Vice President, Treasurer), rather

than to an individual, the list of positions so authorized shall be furnished including signatures of present

position holders.

15.18. CONTRACTOR will assure that all customers first register through the Virtual One Stop Case Management System:

httR://www.onestopmo-nterey.org/

15.19. CONTRACTOR will assure that customers utilize the Virtual One Stop Case Management System for the provision

of core services.

15.20. Customer follow-up services must be performed no later than 30 days and 90 days after services are rendered.

15.21. Customers accessing OJT or Classroom Training funds administered by the WIB must first receive at least one Core

Service and Intensive Service and must meet one of the following WIB established priorities:

15.21.01. Those who are most able to benefit and whose services will result in the biggest return on investment.

This included individuals who are currently receiving-some kind of public assistance, including, but not

limited to cash aid and unemployment insurance.

15.21.02. Those who are currently underemployed, as defined by working part or full time, but unable to earn self-

sufficiency wages.

15.22. Customers shall not be liable for outstanding charges as a result of registration or enrollment in a training program

or training activity provided under this Contract.

15.23. County Contract Administrator. The Executive Director of the Workforce Investment Board or his designee is

authorized and directed, for and on behalf of County, to administer this Contract and all related matters in

connection herewith and his or her decision shall be final.

Page 7 of 9

 

 

BIB]

 

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AGREEMENT NO. A-11808 - TURNI��"+15.24, Referrals from Fee Service Agencies. CONTRACTOR shall not accept referrals for participant positions funded

under this Contract from any agency which charges a fee to either the individual being referred or the employing

agency for the services rendered. Charges incurred in violation of this clause shall be the sole responsibility of the

CONTRACTOR, and shall not be charged to either this Contract or the participant employee under this agreement.

15.25. Property. Title to non-expendable property with a unit value in excess of $1,000.00 acquired with program funds

and with a life expectancy of one year or more in accordance with approved budgets, vests in the County subject to

use for program purposes by the CONTRACTOR during the term of the use, accountability, maintenance,

protection and preservation of such property insurance to cover the loss or theft of said equipment is due at W.B

within 30 days of execution of this Contract. Upon completion of program, all such property shall be transferred to

the possession of the County in accordance with the instruction of County.

15.25.01. CONTRACTOR shall obtain advance written approval of County for purchase of any non-expendable

equipment having a unit purchase price of $1,000.00 or more, and use expectancy in excess of one year.

15.25.02 All capital equipment shall be properly identified by serial number and inventoried by CONTRACTOR.

This inventory shall be submitted to County and updated by CONTRACTOR as purchases are made.

15.26. Maintenance of Effort, The CONTRACTOR shall comply with the following maintenance of effort requirements:

b)

a) Participant positions funded through this Contract are in addition to those that would otherwise be financed by

CONTRACTOR without assistance under W.I.A.

Positions requested shall: I) result in an increase in employment opportunities over those that would otherwise

be available; 2) not result in the displacement of currently employed workers, including partial displacement

such as a reduction in hours of non-overtime work, wages or employment benefits; 3) not impair existing

contracts for service or result in a substitution of Federal funds for other funds in connection with work that

would otherwise be performed; substitute public service and/or work experience positions for existing jobs.

c) CONTRACTOR will not terminate, lay off or reduce the working hours of an employee for the purpose of

hiring an individual with funds available under W.T.A.

d) CONTRACTOR will not hire any person under W.I.A. when any other person is on lay-off for the same or

substantially equivalent job.

15.27.1. Other Program Obligations. As a condition to the award of financial assistance under Title I of W,I,A. from the

Department of Labor, the CONTRACTOR assures, with respect to operation of the W.I.A.-funded program or

activity and all Contracts or arrangements to carry out the W.I.A. funded program or activity, that it will comply

fully with the WIA Section 188 nondiscrimination and equal opportunity provisions of the Workforce Investment

Act of 1998 W.I.A.), including the Nontraditional Employment for Women Act of 1991; Title VI of the Civil

Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination

Act of 1975, as amended; title IX of the Education Amendments of 1972, as amended; and with all applicable

requirements imposed by, or pursuant to regulations implementing those laws, including but not limited to 29 CFR

part 34. The United States has the right to seek judicial enforcement of this assurance.

The LWIA, State of California, and the Department of Labor shall have unlimited rights to any data first produced

or delivered under the Contract Contracts which involve the use/development of computer programs/applications,

or the maintenance of databases or other computer data processing program, including the inputting of data):

Page 8 of 9

 

 

BIB]

 

40388-U01

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AGREEMENT NO. A-11808 - TURNI��#+The LWIA, State of California, and the Department of Labor reserve a royalty-free, nonexclusive, and irrevocable

license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:

a) The copyright or patent in any work developed under a grant or Contract; and

b) Any rights of copyright or patent to which a grantee or CONTRACTOR purchases ownership with grant

support.

15.28. Debarment. This contract is subject to immediate termination if CONTRACTOR is identified on any debarment list

issued by the Workforce Investment Division of the State of California.

Page 9 of 9

 

 

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AGREEMENT NO. A-11808 - TURNI��$+EXHIBIT E

GENERAL ASSURANCES AND CERTIFICATIONS

WORKFORCE INVESTMENT ACT WIA)

GENERAL ASSURANCES

1. Contractor assures and certifies that:

a. It will fully comply with the requirements of the Workforce Investment Act W.I.A.), Public Law 105-220, hereafter

referred to as the Act, and with the regulations promulgated thereunder; and

b. It will fully comply with applicable OMB Circulars, as those circulars relate to functions such as the utilization of

funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act.

c. It will fully comply with the provisions of Public Law 107-288, Jobs for Veterans Act, as the law applies to

Department of Labor DOL) job training programs,

2. The Contractor further assures and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it

shall fully comply with them.

3. In addition to the requirements of I and 2 above and consistent with the regulations issued pursuant to the Act, the Contractor

makes the following assurances and certifications:

a. If it is a corporation, it is registered with the Secretary of State of the State of California.

b. It possesses legal authority to apply for the grant: that a resolution, motion or similar action has been duly adopted or

passed as an official act of the Contractor's.governing body, authorizing the filing of the application, including all

understanding and assurances contained therein, and directing and authorizing the person identified as the official

representative of the Contractor to act in connection with the application and to provide such additional information

as may be required.

c. It will comply with Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d) and, in accordance with Title VI of

that Act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from

participation in, be denied the benefits of, or be" otherwise subjected to discrimination under any program or activity

for which the Contractor receives federal financial assistance; and will immediately take any measures necessary to

effectuate this agreement.

Further, it will comply with Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d) prohibiting employment

discrimination where 1) the primary purpose of a grant or agreement is to provide employment or 2)

discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting

from the grant-aided activity.

d. It will comply with the Americans with Disabilities Act of 1990 ADA) insofar as Contractor is required to comply

with said Act.

e. It will comply with WIA Section 188 that ensures non-discrimination and equal opportunity for various categories

of persons, including persons with disabilities, who apply for and participate in programs and activities operated by

recipients of WIA Title I financial assistance.

f. It will comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity," as

amended by Executive Order 11375 of October 13, 1967, and as supplemented in the Department of Labor

regulations, 41 CFR 60, 29 CFR 97.36 i) 1-13). The Executive Order 11246, as amended prohibits employment

discrimination on the basis of sex, race, color, religion, and national origin by federally assisted contractors and

subcontractors. The Contractor will take affirmative action to ensure that applicants and employees are treated

during employment without regard to their race, color, religion, sex or national origin.

g. It will comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination

against qualified individuals with disabilities.

Page 1 of 3

 

 

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SERVICES,-U012

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HIS-U012

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SIGN-U012

UP-U012

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THREE-U012

3)-U012

AMENDMENTS-U012

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AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

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SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

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AGREEMENT NO. A-11808 - TURNI��%+h. It will comply with the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of

age.

i. It will comply with Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on

the basis of sex in educational programs.

J.

Under penalty of perjury under the laws of the State of California that it will comply with the requirements of the

Drug-Free Workplace Act of 1990 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 employees for violations;

2.) Establish a Drug-Free Awareness Program as required to inform employees about the dangers of drug abuse in

the workplace; the person's or organization's policy of maintaining a drug-free workplace; any available

counseling, rehabilitation and employee assistance programs; and penalties that may be imposed upon

employment for drug abuse violations;

3.) Every employee who works on this agreement will receive a copy of the agency's drug-free policy statement,

and agree to abide by the terms of the agency's statement as a condition of employment on the agreement.

k. It will comply with the provisions of the Hatch Act which limits the political activity of certain State and local

government employees.

1. It will comply with the requirement that no program under the Act shall involve political activities.

in. It will establish safeguards to prohibit employees from using their positions for private gain for themselves or others,

particularly those with whom they have family, business or other ties.

n. It will give the State, federal and local administrators, through any authorized representative the access to and the

right to examine all records, books, papers, or documents related to the grant.

0. It does not provide for the advancement or aid to any religious sect, church or 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 whatsoever, as specified by Article XVI, Section 5, of the Constitution,

regarding separation of church and state.

p.

q.

Appropriate standards for health and safety in work and training situations will be maintained.

Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the

geographical region and the proficiency of the participant.

r, Training will not be for any occupation which requires less than two weeks of pre employment training, unless

immediate employment opportunities are available in that occupation.

s. Training and related services will, to the extent practicable be consistent with every individual's capabilities and lead

to employment opportunities which will enable participants to increase their income and become economically self

sufficient.

t. Institutional skill training and training on the job shall only be for occupations in which the Secretary or the Local

Workforce Investment Board LWIB) has determined that there is a reasonable expectation for employment.

U. WIA funds will, to the extent practicable, be used to supplement rather than supplant the level of funds that would

otherwise be available for the planning and administration of programs under the eligible Contractor's grant.

v. It will submit reports as required by the Secretary and/or Governor and will maintain records to provide access to

them as necessary for review to assure that funds are being expended in accordance with the purposes and

provisions of the Act, including maintenance of records to assist in determining the extent to which the program

meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful

employment opportunities.

Page 2 of 3

 

 

BIB]

 

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AGREEMENT NO. A-11808 - TURNI��&+w. Financial records, supporting documents, statistical records, and all other records pertinent to a grant shall be

retained for the period of four years; however, participant's participation records will be retained for five years.

Payroll records will be retained for seven years.

X. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility

of individual participants.

Y. Individuals receiving training on the job shall be compensated by the employer at such rates, including periodic

increases, as may be deemed reasonable under regulations prescribed by the Secretary or Governor, but in no event

at a rate which is less than the highest of. 1) the minimum wage rate specified in Section 6(a)(1) of the Fair Labor

Standards Act of 1938; 2) the State or local minimum wage for the most nearly comparable covered employment;

3) the prevailing rates of pay for persons employed in similar occupations by the same employer; 4) the minimum

entrance rate for the inexperienced workers in the same occupation in the establishment or, if the occupation is new

to the establishment the prevailing entrance rate for the occupation among other establishments in the community or

area or any minimum rate required by an applicable collective bargaining agreement; 5) for participants on

Federally funded or assisted construction projects, the prevailing rate established by the Secretary or Governor, in

accordance with the Davis-Bacon Act, as amended, when such rates are required by the federal statute under which

the assistance was provided.

Z, It will comply with the labor standard requirements set out in the Act.

aa. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913.

bb. For grants, sub grants, contracts, and subcontracts in excess of $100,000 or where the contracting officer has

determined that orders under an indefinite quantity contract or subcontract in any year will exceed $100,000, or if a

facility to be used has been the subject of a conviction under the Clean Air Act 42 U.S.C. 1857C8(c)(1)] or the

Federal Water Pollution control Act 33 U.S.C. 1319(C)] and is listed by the Environmental Protection Agency

EPA) or is not otherwise exempt, the Contractor assures that: 1) no facility to be utilized in the performance of the

proposed grant has been listed on the EPA list of Violating Facilities; 2) it will notify the Governor, prior to award,

of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection

Agency, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of

Violating Facilities; and 3) it will include substantially this assurance, including this third part, in every nonexempt

sub grant, contract, or subcontract.

cc. Programs of institutionalized skills training shall be designed for occupations in which skill shortages exist,

dd. Appropriate arrangements will be made to promote maximum feasible use of apprenticeship and other on-the-job

training opportunities available under Section 1787 of Title 38, United States Code.

ee. It shall take appropriate steps to provide for the increased participation of qualified disabled and Vietnam era

veterans in job training opportunities supported under this Act. Such steps shall include employment, training,

supportive services, technical assistance and training, support for community based veterans program, and

maintenance and expansion of private sector veterans employment and training and such other programs as are

necessary to serve the unique readjustment rehabilitation and employment needs of veterans.

ff. Each eligible Contractor shall, in a continuing and timely basis, provide information on job vacancies and training

opportunities funded under the Act to State and other local veteran employment representatives and to other veteran

organizations for the purpose of disseminating information to eligible veterans.

99.

It will establish such standards and procedures as are necessary to ensure against program abuses including, but not

limited to, nepotism; conflicts of interest; the charging of fees in connection with participation in the program;

excessive or unreasonable legal fees; the improper commingling of funds under the Act with funds received from

other sources; the failure to keep and maintain sufficient auditable or otherwise adequate records; kick backs;

political patronage; child labor laws; the use of funds for political, religious, anti-religious, unionization, or

anti-unionization activities; the use of funds for lobbying, local, state or federal legislators, and the use of funds for

activities which are not- directly related to the proper operation of the program.

Page 3 of 3

 

 

BIB]

 

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AGREEMENT NO. A-11808 - TURNI��'+EXHIBIT F

CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or employee of

an agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,

and the extension, continuation, renewal, amendment, or modification of any Federal contract,

grant, loan, or cooperative agreement.

2) If any funds other than Federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the

undersigned shall complete and submit Standard Form-LLL Disclosure Form to Report

Lobbying, in accordance with its instructions.

3) The undersigned shall require that the language of this certification be included in the

award documents for all subawards at all tiers including subcontracts, subgrants and contracts

under grants, loans, and cooperative agreements) and that all subrecipients shall certify and

disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for making

or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who

fails to file the required certification shall be subject to a civil penalty of not less than $10,000

and not more than $100,000 for each such failure.

P EL

Applicant Name of Authori Representative)

Title of Authorized Representative

Z(--/ p

Signat e of ith iz d resentative Date

1 of 1

 

 

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AGREEMENT NO. A-11808 - TURNI��(+EXHIBIT G

DRUG-FREE WORKPLACE CERTIFCATION

COMPANY/ORGANIZATION NAME: Turning Point of Central California, Inc.

The Contractor or grant recipient named above hereby certifies compliance with Government

Code Section 8355 in matters relating to providing a drug-free workplace. The above named

contractor will:

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 employees for violations, as required by Government Code Section

8355(a).

2. Establish a Drug-Free Awareness Program. as required by Government Code Section

8355(b), to inform employees about all of the following:

a) The dangers of drub abuse in the workplace.

b) The person's or organization's policy of maintaining a drug-free workplace.

c) An available counseling, rehabilitation and employee assistance programs, and

d) Penalties that may be imposed upon employees for drug abuse violations.

Provide as required by Government Code Section 8355(c) that every employee who works on the proposed contract

or grant:

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 statement as a condition of

employment on the contract or grant.

CERTIFICATION

I, the official named. below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient

to the above described certification. I am fully aware that this certification executed on the date and in the county

below, is made under penalty of perjury under the laws of the State of California.

OFFICIAL'S NAME: print)

ATE EXECUTED:

G  2- / w./b

CONTRACTOR SIGNATURE:

OFFICIAL'S TITLE:

EXECUTED IN THE COUNTY OF MONTEREY

1 of 1

 

 

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AGREEMENT NO. A-11808 - TURNI��)+EXHIBIT H

CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

This certification is required by the regulations implementing Executive Order 12549,

Debarment and Suspension, 29 CFR Part 98, Section 98.510.

BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS WHICH ARE AN

INTEGRAL PART OF THE CERTIFICATION)

1. The prospective recipient of Federal assistance funds certifies, by submission of this

proposal or contract, that neither it nor its principals are presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

participation in this transaction by any Federal department or agency.

2. Where the prospective recipient of Federal assistance funds is unable to certify to any of

the statements in this certification, such prospective participant shall attach an

explanation to this proposal or contract.

JCS l- 1

Applicant Name of Authorized Representative)

Title of Authorized Representative

Sig ture or,Au iz epresentative

Cobzl /,o

Date

1 of 2

 

 

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AGREEMENT NO. A-11808 - TURNI��*+INSTRUCTIONS FOR CERTIFICATION

By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the

certification set out below.

The certification in this clause is material representation of fact upon which reliance was placed when this

transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds

knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,

the Department of Labor DOL) pursue available remedies, including suspension and/or debarment.

The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom

this proposal is submitted if at any time the prospective recipient of Federal assistance funds learn that its

certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms covered transaction," debarred," suspended," ineligible," lower tier covered transaction,"

participant," person primary covered transaction," principal," proposal," and voluntarily excluded," as used in

this clause, have the meanings out in the Definitions and Coverage sections of rules implementing Executive Order

12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those

regulations.

The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed

covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person

who is debarred suspended, declared ineligible, or voluntarily excluded from participation in this covered

transaction, unless authorized by

DOL.

The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include

the clause titled, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower

Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for

lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier

covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,

unless it know that the certification is erroneous. A participant may decide the method and frequency by which it

determines the eligibility its principals. Each participant may, but is not required to, check the List of Parties

Excluded From Procurement or Non-procurement Programs.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to

render in good faith the certification required by this clause. The knowledge and information of a participant is not

required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction

knowing enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or

voluntary excluded fro participation in this transaction, in addition to other remedies available to the Federal

Government, the DOL may pursue available remedies, including suspension and/or debarment.

2of2

 

 

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AGREEMENT NO. A-11808 - TURNI��++EXHIBIT I

NONDISCRIMINATION ASSURANCE

During the performance of this Agreement CONTRACTOR agrees as follows:

CONTRACTOR shall not discriminate on the ground of race, color, religion, sex, national

origin, age, disability, political affiliation or belief, and for participants only, citizenship or

participation in programs or activities funded under this Agreement, in admission or access to,

opportunity or treatment in, or employment in the administration of, or in connection with, any

program or activity funded under this Agreement.

As a condition to the award of financial assistance under this program, CONTRACTOR assures,

with respect to operation of this WIA funded program or activity and all agreements or

arrangements to carry out this program or activity, that it will comply fully with all

nondiscrimination and equal opportunity statutes and regulations including, but not limited to,

the following: Section 188 of the Workforce Investment Act of 1988; Title VI and VII of the

Civil Rights Act of 1964, as amended; Americans with Disabilities Act of 1990; Section 504 of

the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; Age

Discrimination Act of 1975, as amended; California Fair Employment and Housing Act,

Government Code Sections 12900 et seq.; California Labor Code Sections 1101, 1102, and

1102.1; and with all applicable requirements imposed by or pursuant to regulations

implementing those laws.

CONTRACTOR assures that it will comply fully with the nondiscrimination and equal

opportunity provisions of WIA and acknowledges that the federal, state, and County of Monterey

shall have the right to seek judicial enforcement of this nondiscrimination assurance.

 

Applicant Name of Authorized epresentative)

Title of Authorized Representative

6'--2 l--/CO

Signat e of  iz resentative Date

1 of 1

 

 

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