File #: 10-891    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 Youth Follow-up subcontract with Unity Care a.Approve the extension of the Workforce Investment Act (WIA) Title I Youth Follow-up subcontract with Unity Care
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Agreement No. A-11804 - Unity Care Group, Inc.

 

 

 

 

 

 

COMPLETED BOARD ORDER�"��48

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No: A  11804

a. Approve the extension of the Workforce Investment Act WIA)

Title I Youth Follow-up subcontract with Unity Care Group in the

amount of $105,000 for the period of July 1, 2010 to June 30,

2011; and

b. 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 Youth Follow-up

subcontract with Unity Care Group in the amount of $105,000 for the period of July 1, 2010

to June 30, 2011; and

b. 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

Byi /~

Deputy

 

 

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SIGNED BOARD REPORTX��"��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 Youth Follow-

up subcontract with Unity Care Group in the amount of $105,000 for the period of July

1, 2010 to June 30, 2011; and

b. 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 Youth Follow-up

subcontract with Unity Care Group in the amount of $105,000 for the period of July 1, 2010

to June 30, 2011; and

b. 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 Unity Care's Follow-up subcontract for one-year

beginning July 1, 2010 through June 30, 2011. The subcontract provides an extension of up to

two years beyond the initial one-year contract period pending acceptable contract performance.

This recommendation requests approval to extend Unity Care's Youth Follow-up subcontract for

a third and final year starting July 1, 2010.

DISCUSSION:

The County approved the issuance of a Request for Proposals RFP) #10120 for follow up

services in the amount $100,000 for a one-year contract period, with a set-aside amount of

$20,000 for participant supportive services, beginning July 1, 2008. The RFP specified that

contracts may be extended on an annual basis for no more than two 2) subsequent years, based

upon the contractor meeting the state and local performance goals, adherence to current WIA

legislation and local policies, and upon the availability of WIA funds.

Unity Care was initially awarded a contract for WIA Title I Youth Follow-up program services

by the WIB and Board of Supervisors on June 24, 2008. Unity Care is approaching the end of its

second yearly contract period. Performance has been routinely reviewed and monitoring reports

have found Unity Care to be in compliance in accordance with their contract terms and WIA

regulations. The WIB is recommending a third and final one-year extension in the amount of

$105,000 to provide follow-up services to 70 economically disadvantaged youth, which will

expire June 30, 2011. The terms and conditions of Unity Care's subcontract extension is

consistent with the initial RFP. The amount recommended represents a 12.5% reduction from

Unity Care's original contract amount of $120,000, previously awarded in program year 2008-

09, based on a reduced amount of funds available.

The Office for Employment Training OET) is responsible for referring exited youth from their

program to Unity Care Group for the purpose of providing statutory follow-up services over a

12-month period. A follow-up contact is a check to determine a client's employment and

educational status after exiting the WIA program. Individuals may be re-evaluated after the client

 

 

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SIGNED BOARD REPORTX��"��leaves the program for performance measurement data collection. Follow-up contact may also

be used to determine the quality of a placement and/or service provider's overall program, to

monitor customer satisfaction and to obtain information on clients that may be used to measure

performance outcomes.

If OET is unable to refer 70 youth to Unity Care Group for follow-up services, the WIB has

authorized renegotiation of the agreement with Unity Care Group to reflect the reduced service

level.

In addition, Unity Care Group will reserve WIA Title I funds for the purpose of providing

supportive services to the youth they serve during the follow-up 12-month period. Unity Care

Group will be authorized to provide supportive services, not to exceed $250 per youth, during

the 12-month follow-up period. For eligible youth who qualify for supportive services to meet

their planned employment or educational goals, Unity Care Group will provide the youth with

assistance related to transportation bus passes), school books, uniforms, and work clothes. Unity

Care Group will also refer youth to other public assistance services, alternative housing options,

financial aide resources related to education scholarships and grants) and other resources for

which they qualify.

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.

 

Loy e Flinn Mfiott Robinson

Actii 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-11804 - UNITY��"COUNTY OF MON'i 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:

Unity Care Group, 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 follow-up services for up to 70 Monterey County Office for Employment Training OET)

Workforce Investment Act WIA) exited youth ages 14-21.

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 $ 105,000

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: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��"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: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��"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: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��"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, 000, Revised 10/09/08 4 of 9 Project ID: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��"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 10/09108 5 of 9 Project ID: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��"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:

Andre' Chapman, President & CEO

Name and Title

237 Race Street

San Jose, CA 95126

Address

831) 759-6644

Address

Phone 408) 971-9822

Phone Phone

PSA over $100,000, Revised 10/09/08

6 of 9 Project ID: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��"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: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��"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: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��                     "IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and

year written below.

By:

Date:

By:

Date:

By:

Date:

Unity Cared Troup; Inc.

 

CONTRACTOR

COUNTY OF MONTEREY

Department Head if applicable)

Date: U6IL4IId

ntractor's Bu%ness Name*

ANDRZ C, M>  coo

Name and Title

Signature of Sec$et sst`9ecretary, CFO,

Treasurer or Ass reasurer)*

 rc.sMY BoYi-e, C o

Name and Title

b611411 P

Approved as to Liability Provisions3

County Board of Supervisors' Agreement Number:

*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

AApproval by Auditor-Controller is required

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

PSA over $100, 000, Revised 10/09/08 9 of 9 Project ID: Unity Care WIA Youth Followup

Subcontract PY 2010-11

 

 

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AGREEMENT NO. A-11804 - UNITY��

"EXHIBIT A

SCOPE OF SERVICES/PAYMENT PROVISIONS

1. Program Narrative:

The Mission of Unity Care's RISE Program REACHING INDEPENDENCE through SUSTAINABLE

EMPLOYMENT/EDUCATION) is to help disadvantaged and/or at-risk youth ages 14 and over in succeeding in

work and school settings by encouraging and enhancing their job readiness and educational/career development

skills. The RISE program is designed to track youth/young adults as they progress in their educational and career

development while offering guidance in both one-on-one and group settings.

a) Follow-up Program and Services:

Coordination of WIA eligible youth exited and referred by the Monterey County Office for Employment

Trainin  On behalf of the youth referred to Unity Care for follow-up services, RISE will coordinate with the

Monterey County Office for Employment Training OET) through ongoing communication between staff, OET and

Unity Care shall be required to meet monthly to discuss client referrals, performance results, and supportive

services to enhance common performance measure outcomes. Particularly for youth who are often very mobile,

this is crucial for staff to be able to contact them several months later.) At the monthly WIB Youth Council

meeting, Unity Care shall report on the status of coordinated efforts and WIA eligible youth referred to Unity Care

by OET for follow-up services.

OET shall refer WIA eligible youth participants to Unity Care's follow-up program by sending Unity Care the youth's

name and last four numbers of their social security number, followed by mailing the signed waiver of said youth to

Unity Care.

Upon referral from OET, Unity Care will access the youth's case file through the Virtual One Stop System VOS)

to review the case notes, verify the appropriate WIA common measure outcomes to track, and any other pertinent

information that is relevant and necessary to effectively engage youth to successfully achieve their WIA

performance goals. This information will be considered at the time of the initial assessment that is conducted with

each youth. Unity Care shall assume that no more than $250 was expended on supportive services for all WIA

Title I eligible youth who exit OET's WIA Title I youth program and are referred to Unity Care for follow-up services,

as needed.

1)

Continuous programmatic and fiscal monitoring to ensure that program objectives are satisfied:

The quality of UCG services are monitored and quickly adjusted to fit the needs of our community partners,

donors, board members, staff, youth and their families. Unity Care has an internal tracking system, which is

used for each WIA eligible youth exited and referred by OET for follow-up services. Unity Care's

Compliance Officer works with administration, department heads, directors, program managers, facility

managers, direct care staff, contract providers and community partners to improve and measure targeted

outcomes. Quality improvement is concentrated in a variety of areas such as: education, permanence, safety,

recidivism and child and family well-being, etc. Each program uses multiple mechanisms to measure outcomes,

some of these are pre-and post-tests, school based progress reports, questionnaires, observation of therapeutic

staff, exit survey's, etc. Case reviews are performed weekly by the treatment team and/or monthly as required

by the youth and families needs. This system tracks when follow-up reports are due; demographic

information on each youth served through follow-up; documents the services provided; and, the supportive

services balance for each youth.

In addition, Unity Care's supportive services policy addresses the required fiscal monitoring and

processes related to supportive services. At each workshop, participants are provided an opportunity to

provide feedback by completing a workshop evaluation and which Unity Care may utilize to make

changes accordingly. In addition, youth will be asked to complete two program evaluations during the

course of their 12-month 4-quarter) follow-up program for feedback about the general program and

services received. Unity Care has also created a flow sheet to identify and track the appropriate WIA

common measures as well as a goal setting sheet for each youth to use throughout the course of their

follow-up program. These documents are kept in each paper-based chart for easy referral and reference by

Unity Care's program staff.

2) Length of service: Length of service: In accordance with the Workforce Investment Act WIA), follow-up

services will be provided to eligible WIA participants for not less than 12-months 4-quarters) after the

Page 1 of 6

 

 

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AGREEMENT NO. A-11804 - UNITY��
"completion of their active participation in the WIA youth program. If follow up services are needed

beyond the 12-month follow-up period four quarters after exit), Unity Care will request prior approval

from the Local Workforce investment Board LWIB) to provide follow-up services for an extended period of 3

months

3)

Individualized Case Management:

Each WIA youth participant enrolled in Unity Care's follow-up program will be assigned an Academic and

Career Advisor who will provide assistance, guidance and individual case management services to youth,

in order to ensure each has access to all needed services, as deemed appropriate and necessary. Unity

Care's program staff will conduct individual assessments with each youth contacted in order to determine

the appropriate services suitable, based on their areas of interest, skill levels, aptitudes, abilities, and

supportive services needs.

Unity Care staff will remain in regular contact with the program participants to assist in areas such as:

1) Addressing the individual's personal barriers such as, transportation, housing),

2) Support their educational goals assistance with college applications, referrals to vocational programs),

3) Offer opportunities to explore career interests introducing individuals to various careers) and

4) Develop employment skills counseling regarding the workplace, contact with the employers, regular

contact with the individual in order to reinforce and stabilize the work situation)

As suitable based on individual needs, Unity Care's program staff are equipped to integrate life skills

training into their interactions with youth, such as: decision-making, self-discipline, initiative, how to cope

with frustration, and developing self-esteem. Unity Care program staff will make every effort to contact

and maintain communication with each youth participant in order to successfully engage the youth and

gather the needed information.

4) Tracking & Reporting:

In accordance with the WIA federal regulations, Unity Care will track the progress of each youth including

work and school status) in a narrative form and on quarterly follow-up reports, which are documented in

the Virtual One Stop VOS) case management system.

a. Narrative information will be documented in VOS case notes. Hard copies will be printed out and

retained in paper-based case files.

b. A hard copy of the completed VOS follow-up report Q1, Q2, Q3, and Q4) will be printed out by Unity

Care and retained in paper-based case files.

5) Job Searchlretention information and assistance:

Program staff will assess the youth's short-term and long-term goals as it relates to their

career/education. Identifying goals is often an arduous task for many youth/young adults, as many times it

is something that has not been considered as of yet. Program staff will help to guide the youth by

offering realistic options and alternatives to help the youth progress towards their ultimate career goals,

with an emphasis on education, job advancement, as applicable. Many youth today are more interested in

immediate gratification rather than working towards a goal. Part of Unity Care's role as a program, is to

introduce the intrinsic benefits of the workplace, regardless of whether there is an obvious connection to a

long-term career goal, as we believe that every job helps one to be better prepared for the next.

6) Educational information and assistance:.

Preparation for post-secondary or vocational educational opportunities will be offered in various ways

such as: individualized educational guidance, information & referral, and visiting post-

secondary/vocational institutions to provide exposure to such educational opportunities to the individuals.

7) Certificates & Credentials: Effective July 1, 2006, Unity Care must use the definition of a certificate as

described in the US Department of Labor DOL) Training and Employment Guidance Letter TEGL 17-05

dated February 17, 2006. The use of the definition certificate" is applicable for older youth participants

who began receiving services on or after July 1, 2006. Participants who received training services prior to

July 1, 2006 are covered under the previous performance standards and reporting requirements. Please

note the term credential" applies to the current WIA statutory adult, dislocated worker and older youth

measures only. A certificate is awarded in recognition of an individual's attainment of measurable technical

or occupational skills necessary to gain employment or advance within an occupation. These technical or

occupational skills are based on standards developed or endorsed by employers. Certificates awarded by

workforce investment boards or awarded in recognition of the attainment of only generic pre-employment or

Page 2 of 6

 

 

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AGREEMENT NO. A-11804 - UNITY��

"8)

work readiness skills are not included in this definition. It is recommended that Unity Care follow the WIB's

WIA Youth Certificate and Credential policy regarding the requirements and awarding institutions. The

attainment of a recognized credential applies to current WIA adult, dislocated worker and older youth and

relates to the achievement of educational skills, which may include attainment of a secondary school

diploma or its recognized equivalent, or occupational skills, by participants who enter unsubsidized

employment.

Referral to community resources: With several years of experience providing youth services within

Monterey County, Unity Care has developed an extensive Community Resource List, which keeps

growing as we learn about new resources in our community. RISE staff will continue to utilize the

Monterey County One Stop Career Centers to conduct meetings with youth at the Salinas, Seaside and

King City office locations. In addition, we recognize that other agencies/programs in the community have

expertise and additional services outside of those Unity Care offers, which could benefit the youth served,

and, therefore, we welcome collaboration with other organizations/programs. Thus far, Unity Care has

worked closely with or referred youth to other agencies such as: Monterey County's Office for

Employment Training OET), Local Educational Agencies Local Adult Schools, Hartnell, MPC, Heald

College, Salinas Beauty College, CET, Job Corps, California Conservation Corps), Housing Agencies

Housing Advocacy Council, Shelter Outreach Plus, Community Solutions, Community Human Services),

Monterey County's Independent Living Program ILP), Monterey County's Behavioral Health's AVANZA

program, Medical options Medi-Cal, Clinica de Salud), Sexual assault recovery Monterey Rape Crisis

Center, YWCA, Women's Crisis Center), Offender services Turning Point), as well as many support

groups in the area.

Due to the fact that Unity Care's follow-up services start after the youth participant exits the WIA active"

youth program, many of the youth referred have either moved out of the area or no longer reside in

Monterey County. Unity Care will research and find appropriate community resources, to fit the needs of

the youth within their new place of residence. These resources may include educational resources, job

information, support groups, and community resources such as housing or local financial assistance for

youth outside of Monterey County and sometimes outside of California.

9) Adult mentoring:

Youth will form a relationship with Unity Care staff, which will act as mentors to personally support and

encourage youth in employment and education achievement. Mentors meet regularly with each youth and

are available at additional times via phone or email.

b) Innovative strategies to serve youth:

Unity Care currently offers a wide-variety of services accessible to the many youth we serve no matter within

which program they are enrolled. Our services are designed to operate within the most relevant and meaningful

cultural, gender-sensitive, and age-appropriate context for the families we serve. UCG services are delivered in

partnership with our youth and families in response to the cultural concerns of racial and ethnic minority groups,

including their languages, histories, traditions, beliefs, and values. In addition, enrollment in RISE offers youth

access to entertaining group activities such as a summer BBQ) so that participants can participate in fun

activities allowing them to interact socially with peers as well as improve their self-esteem and self-

confidence.

 Foster Youth: Unity Care has been serving foster youth since it's inception and currently serves foster

and former foster youth in several counties through a variety of methods including: emergency

shelter, residential care, wraparound services for families impacted by a youth involved in foster

care, transitional and permanent housing for former foster youth, Independent Living Program

services, and Therapeutic Behavioral services with one-on-one behavioral intervention. Through Unity

Care's follow-up program, we encourage eligible foster youth to participate in the Monterey County

Independent Living Program ILP), offered through the Department of Social and Employment

Services, to learn about life skills that youth need to enhance their pro social/interpersonal skills. In

addition, Unity Care provides counseling and guidance to prepare emancipated foster youth for their

transition into adulthood to include transitional housing, compiling personal documentation and

providing referrals to valuable resources available to foster and former foster youth. For example, in

2006, Unity Care's RISE program coordinated with the CHAFEE Educational Training Voucher ETV)

bus, which travels all over the state, to stop in Salinas, to allow local foster youth, and former foster

youth to access its computerized information regarding not only the CHAFEE grant, but many other

educational scholarships available to foster/former foster youth. In addition, we have connected

Page 3 of 6

 

 

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AGREEMENT NO. A-11804 - UNITY��

"foster youth with the local ILP program, transitional housing, assisted with navigating Medi-Cal

access, and helped filling out financial aid forms FAFSA).

 Homeless: As a board member of the Coalition of Homeless Service Providers, Unity Care had

collaborated with and has direct access to information from other membership agencies that provide

various homeless services throughout Monterey County. Unity Care also operates transitional and

permanent housing programs for homeless and former foster youth in Monterey and Santa Clara

Counties. The RISE program utilizes these resources with the follow-up youth to inform family

members of transitional housing programs for which they might qualify for when housing situations

appear unstable. Unity Care also provides individual assistance to youth who need help accessing

homeless services.

 PreanantlParentinsi: In the past, Unity Care's RISE program provided assistance to pregnant and

parenting youth providing access to information and resources on donations of baby cribs, financial

assistance with child care needs, referral to community resources for child care options, referral to

parenting classes, referral to community-based program which offers free car seats for active

participants, referral to transitional housing specifically for pregnant/parenting youth, counseling

regarding Family Medical Leave Act FMLA), as well as one's employee rights regarding the FMLA.

 Substance Abuse: Program staff have also referred youth to support groups AA, NA) or substance

use programs residential or outpatient) within the community in order to further assist the youth who

struggle with their own sobriety/recovery. At the same time, staff are honest with the youth about their

viability to enter the workforce if they cannot pass a drug test, as many employers, even for entry-level

employment, are requiring drug-screenings prior to hiring.

 Offender: Unity Care is experienced in serving probation youth. We have collaborated with Turning

Point as well as partnered with Probation Officers. In addition, we attempt to educate the youth about

the consequences of their choices, at our career options" workshops, guest speakers specifically

addressed criminal backgrounds and how that impacts one's opportunities within a chosen career field.

 Limited English: RISE program staff is bi-cultural and bi-lingual in order to best serve all referred

youth/family's language needs appropriately.

 Basic Skills Deficient: Unity Care encourages academic learning and offers resources to youth

who are struggling in school as well as referring them to other resources such as: Disabled Student

Programs at Community Colleges, tutoring, online tutoring, study skills education).

 Poor Work History: Unity Care's RISE program educates and counsels youth on employability and

work expectations on the job. This may include, but is not limited to, covering topics such as

completing job applications, resume writing, job search, workplace etiquette and expectations,

workplace harassment, employee's rights and what to do when you've been terminated from a job.

 Disability: In the past, Unity Care's RISE program has assisted youth-who have various types of

disabilities to include psychiatric disability, physical disability, developmental disability and learning

disability. Staff has actively referred youth to appropriate resources in the community such as the

Department of Behavioral Health, Center for Independent Living, Regional Center, Easter Seals, Medi-

Cal, SSI, the Employment Development Department, State Disability, and/or support groups for youth

and/or family members) in the community related to their disability or the struggles surrounding them.

 Low Income: As a majority of Unity Care's service population fits into this category, we have a vast

experience working with low-income individuals. For eligible youth who qualify for WIA supportive

services to meet their planned employment or educational goals, Unity Care will provide the youth with

assistance related to transportation bus passes), school books, uniforms, work clothes, etc. Unity Care

will also refer youth to other public assistance services, alternative housing options, financial aide

resources related to education FAFSA, scholarships/grants) and other resources for which they qualify.

 Adult mentoring: Youth form relationships with Unity Care staff who act as mentors to personally

support and encourage youth in employment and education achievement. Mentors meet regularly

with each youth and will be available at after hours via phone or email.

c) Relationship with local employers that will facilitate the resolution of issues youth may face in securing

and retaining employment:

The RISE Program will continue to develop relationships with employers to find suitable employment

opportunities for youth. Relationships will be developed with employers who are committed to provide

unsubsidized employment opportunities to youth to develop their career interests and work skills. Program staff

will also attend job and career fairs to gain information about the current job market, trends, and

requirements for the purpose of educating and collaborating resources with supervisors hiring youth.

d) Describe how the proposed follow-up program replicates effective strategies and best practices:

Page 4 of 6

 

 

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AGREEMENT NO. A-11804 - UNITY��"Anchored in WIB workforce development activities in Monterey County, Unity Care provides follow-up services

and support designed to promote the long-term success of each youth completing the local work development

program. Utilizing WIA common measures, Unity Care's follow-up program replicates the effective strategies

and best practices that work to build youths' self-esteem and self confidence; develop positive relationships;

gain knowledge of essential job readiness skills; increase decision making skills; and support youth as they

gain a sense of personal autonomy and responsibility for themselves

e) Required WIB Training and Meeting Attendance:

Unity Care agrees to participate in all training programs offered and coordinated by the Monterey County

Workforce Investment Board WIB) and its staff. These trainings and events include, but are not limited to, the

9 youth program elements identified in the WIA, enhancing team building and coordination between partners,

annual youth conferences, WIB Youth Council meetings, Virtual One Stop system training and program

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

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

f) Additional services provided:

g)

In addition to the follow-up services, Unity Care's RISE program will include at least one of the following components:

 Leadership Development Component Identify individuals most in need of leaderships services

 Exposure to postsecondary educational opportunities

 Community and service learning opportunities

 Peer-centered activities

 Organizational and team work training, including team leadership training

 Training in decision-making, including determining priorities

 Life skills training, including work behavior training, budgeting, etc.

 Positive social behaviors anger management, violence prevention, self-esteem, etc.)

Service to the four 4) specific geographic regions within Monterey County:

The RISE office is located in Salinas. RISE staff will continue to utilize the Monterey County One Stop Career

Centers to conduct meetings with youth at the Salinas, Seaside and King City office locations in order to

provide a continuum of services, and to be able to meet with the youth in locations that are convenient for

them. In addition to the One Stop locations, for youth living in areas such as South County or Watsonville,

staff will meet with them in public facilities such as libraries and schools, which are more convenient for the

youth. In addition, youth participant caseloads will be divided amongst the program staff based on the

geographic location of each youth within the county; that way, Unity Care's program staff can provide a

comprehensive and integrated service approach to serving more youth by managing their time efficiently and

becoming more familiar with community resources offered in designated county areas.

h) Specific population served:

The RISE program will provide follow-up in-school and out-of-school services to youth ages 14 and over who

have multiple barriers to succeeding in the school or work setting including: substance use issues, offenders,

limited English, basic skills deficient, poor work history, low income, low academic performance, homelessness,

and/or history of involvement in the foster care system.

i) Specific Follow-up Services to be Provided:

Upon referral from OET, follow-up services shall be provided to 70 economically disadvantaged youth ages 14

21 following their exit from OET's youth program. This includes carry-over youth enrollments that exit after

June 30, 2010, from OET's WIA Title I youth program. The follow-up services are to be provided for

duration of at least four 4) quarters after participation after youth program exit). Unity Care shall not provide

follow-up services to youth beyond the 12-month 4-quarter) follow-up period without prior approval from the

Monterey County WIB. The number of youth referred and the timing of all youth referrals to Unity Care will

be coordinated and determined by OET. OET and Unity Care shall be required to meet monthly to discuss

client referrals, performance results to enhance the WIA youth program outcomes.

Describe the quality of the overall follow-up service design and delivery plan:

Follow-up services provided to WIA eligible youth exited and referred by OET will include the following:

 Regular monthly throughout the 4 quarters) documented contact with each youth,

 Assistance in addressing work-related problems that may arise,

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DIRECTOR-U012

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OF-U012

SOCIAL-U012

&-U012

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TO-U012

SIGN-U012

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3)-U012

AMENDMENTS-U012

TO-U012

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AMENDMENTS-U012

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TEN-U012

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AGREEMENT NO. A-11804 - UNITY��"j)

 Tracking the progress of youth in employment and education;

 Providing assistance in securing better paying jobs, career development and further education; and

 Providing adult mentoring services/relationships.

WIA Participant Exit Strategy Based on the Youth Common Performance Measures:

Unity Care shall develop a WIA participant exit strategy to successfully achieve the Common Performance

Measure outcomes for youth programs. Specific definitions of the Common Performance Measures are

defined in the Training and Employment Guidance Letter TEGL) 17-05, dated Feb. 17, 2006. Specific

reporting changes for the Youth Literacy and Numeracy Gains Measures are defined in the TEGL 17-05,

Change 1, dated August 13, 2007.

All youth program providers are accountable for three Common Performance Measures for all youth ages 14-21.

Upon exit of all WIA youth participants referred by OET, Unity Care will ensure the following is accomplished:

1. Placement in Employment or Education:

Percentage of youth participants who are in employment, the military, or enrolled in post-secondary

education, and/or advanced training/occupational skills training, during the 1st Quarter after exit. Exclusions:

Youth in post-secondary education, employment or in the military at the date of participation.

2. Attainment of a Degree or Certificate:

Percentage of youth participants who were enrolled in education during active program who attain a

diploma, GED, or certificate, by the end of the 3rd Quarter after exit. Exclusions: Youth not enrolled in

education at the date of participation or at any point during the program.

k) Supportive Services:

A budget of $17,500 is reserved for Unity Care for supportive services allowable under WIA regulations and in

conformance with the OET supportive services policy in regards to funding limitations. Unity Care shall be

responsible for the determination and distribution of supportive services to participants on their caseload who

are receiving follow-up services. Unity Care must document the proposed supportive service, assure the

resource is appropriate, cost effective, timely, and that the expenditures do not exceed $250 per participant

during the follow-up period. Should a supportive services cost be recommended to exceed the $250 limit per

participant, Unity Care must submit a request to WIB staff for consideration and approval. All approvals must

be provided in writing and documented in each participant's case file. Additionally, Unity Care must assure that

the total supportive service cost per participant does not exceed the $2,000, WIB policy allowable limit.

It is recommended that Unity Care follow OET's supportive services policy regarding funding limitations to

ensure that all program operators maintain a level of consistency when it concerns the amount of supportive

services deemed appropriate and necessary to the degree that funds are available within Unity Care's existing

supportive services line item budget. Unity Care must be sure that all supportive services reimbursements are

justified, documented and related to a distinct need or barrier to successfully participate in employment and/or

education related services. Original itemized receipts will be retained within Unity Care's accounting

department located at their San Jose office, while copies will be maintained in each youth participant's program

chart. An original form of all claims, requests, and other supporting documents will be retained in each program

participant's case file.

I) Payment Provisions:

Unity Care will be paid on a cost reimbursement basis within the limits of the approved line item budget on

Exhibit B. If OET is unable to refer 70 exited youth for follow-up services this agreement will be renegotiated

and brought to the Monterey County Youth Council and full board WIB for consideration and approval to reflect

the reduced level of service. All pro-rated rental costs to operate WIA Title I youth follow-up programs and

services, will be paid for by Unity Care.

Page 6 of 6

 

 

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AGREEMENT NO. A-11804 - UNITY��"EXHIBIT B

LINE ITEM BUDGET

2010-11

MONTEREY COUNTY

WORKFORCE INVESTMENT BOARO

AGENCY: Unity Care Group, Inc.

YOUTH 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

 *30 % minimum TOTAL Quarterly Plan

 In School Out of School BUDGET 9130110 12/31110 3131111 6130111

 

 

8500 STAFF SALARIES AND BENEFITS

 

less supportive services set-aside)

le  

$ 73,000.00

5 18,250.00

$ 36,500.00

5 54,750.00

$ 73,000.00

8500 SERVICES AND SUPPLIES    $  $  $  $

8500 Building Rent   $ 3,550.00 $ 887.50 $ 1,775.00 $ 2,662.50 $ 3,660.00

8500 Building Maintenance and Repair    $  $  $  $

8500 Janitorial   $  $  $  $  $

8500 Utiites   $ 1,025.00 $ 256.25 $ 512.50 $ 768.75 $ 1,025.00

8500 Postage and Shipping   $ 200.00 $ 50.00 $ 100.00 $ 150.00 $ 200.00

8500 Office Supplies   $ 575.00 $ 143.75 $ 287.50 $ 431.25 $ 675.00

8500 Computers/HardwarelPerlpherals   $  $  $  $  $

8500 Equipment Maintenance   $  $  $  $  $

8500 Equipment Lease/Rental   $ 750.00 $ 187.50 $ 375.00 $ 562.50 $ 750.00

8500 Communications/Mtemet   $ 400.00 $ 100.00 $ 200.00 $ 300.00 $ 400.00

8500 Insurance   $  $  $  $  $

8500 Employee Travel   $ 900.00 $ 225.00 $ 450.00 $ 675.00 $ 900.00

8500 Employee Training   $ 600.00 $ 125.00 $ 250.00 $ 375.00 $ 500.00

8500 OutreachiPrintng    $  $  $  $

8500 Other Professional Services-Audit   $  $  $  $  $

8500 TOTAL SERVICES AND SUPPLIES is  $  $ 80,900.00 $ 20,225.00 $ 40,450.00 $ 60,675.00 $ 80,900.00

CENTRAL OPERATING EXPENSE INDIRECT)  $ 6,600.00 Is 1,650.00 $ 3,300.00 $ 4,950.00 $ 6,600.00

PROFIT  $     $

WORK EXP. WAGES AND BENEFITS  is    $

CHECK CHARGE  $6.26 PER CHECK  $     $

TOTAL SUPPORTIVE SERVICES SET-ASIDE

I

17,500.00 $

4,375.00 $

8,750.00 $ 13,125.00 $

17,500.00

ITOTAL CONTRACT BUDGET is $ $ 105,000.00 11 $ 26,250.00 $ 52,500.00 $ 78,750.00 $ 105,000.00

Unity Care will be required to track the 30% minimum youth expenditure requirement for out-of-school youth, but will not be mandated to expend the minimum amount due to the fact that all Unity Care's enrollments are

based on WIA Title I eligible youth who are exited and referred by OET to Unity Care for follow-up youth services.

 

 

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AGREEMENT NO. A-11804 - UNITY��"EOmBIT C

MONTHLY PERFORMANCE AND ENROLLMENT GOALS

2010-11

Youth Exit Program Operating Plan

Eligible WIA Title I Youth Exited and Referred by OET

Service Provider: Unity Care Group, Inc.

 

MONTH ENDING

7/3112010

8/31/2010

9/30/2010

10/31/2010

11/30/2010

12/3112010   3131/2011 4130/2011 5/31/2011 6130/2011

1. Total Enrollment in WIA Youth Services Sum of IA. + I.B.            70

 

A. Cumulative New Exited Enrollments, referred byOET

0

0

10

18

26

34 42 

58

66

70

70

B. Enrollments Carried In from Prior Contract Year 74 74 74 74 22 22   14 14 0 0

C. Total Enrolled You th Ages 14-16, exits referred by OET

D. Program Elements    

a i      

1) Tutoring           

2) Alternative Secondary School           

3) Work Experience Sum of 3a + 3b)           

a) New Work Experience Enrollments           

b) Work Experience Carried in from Prior Contract Year           

4) Occupational Skill Training Sum of 4a + 4b + 4c)           

a) Individual Training Accounts ITA)           

b) On-the-Job Training OJT)           

c) Other Skill Training           

5) Leadership Development           

6) Supportive Services           

7) AduitMentoring           

8) Comprehensive Guidance and Counseling           

9) Follow-up 74 74 84 92 48 56 64 64 72 80 70 70

10) Summer Employment           

II. Total Exits and Performance Measures Sum of II.A. + II.B. + II.C.)           

A. Placement in Employment          

B. Placement In Education           

1. Attainment of a Degree or Certificate           

C. Other Exits 0 0 0 52 0 0 8 0 0 14 0 0

Ill. Total Current Enrollment I  II) 74 74 84 92 48 56 64 64 72 80 70 70

 

 

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AGREEMENT NO. A-11804 - UNITY��"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

Unity Care Group, 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

Page 1 of 9

 

 

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AGREEMENT NO. A-11804 - UNITY��"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 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

 

 

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AGREEMENT NO. A-11804 - UNITY��"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

 

 

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AGREEMENT NO. A-11804 - UNITY��"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

 

 

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AGREEMENT NO. A-11804 - UNITY��"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.

Page 5 of 9

 

 

BIB]

 

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AGREEMENT NO. A-11804 - UNITY��"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

 

 

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AGREEMENT-U02

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AGREEMENT NO. A-11804 - UNITY��"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.or

al

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

 

 

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AGREEMENT NO. A-11804 - UNITY��"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 Prow-am 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

 

 

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PERCENT-U012

10%),-U012

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SIGNIFICANTLY-U012

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SCOPE-U012

OF-U012

WORK.-U012

 

 

AGREEMENT NO. A-11804 - UNITY��"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-11804 - UNITY��"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) I-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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AGREEMENT NO. A-11804 - UNITY��"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.

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 detennining 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-11804 - UNITY��"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)(l) 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.

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

 

 

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AGREEMENT NO. A-11804 - UNITY��"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.

Z OQC

Applicant Name of Authorized Representative)

c

Title of Authorize ftresentative

4t-III o

Date

1 of 1

 

 

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AGREEMENT NO. A-11804 - UNITY��"EXHIBIT G

DRUG-FREE WORKPLACE CERTIFCATION

COMPANY/ORGANIZATION NAME: Unity Care Group, 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

1, 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: pr

DATE EXECUTE

6~%-I1t

OFFICIAL'S TITLE:

EXECUTED IN THE COUNTY OF MONTEREY

1 of I

 

 

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AGREEMENT NO. A-11804 - UNITY�� "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.

An- 0, n

Applicant Name of Authorized Representative)

epresentati

o l'7

Date

1 of2

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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AGREEMENT NO. A-11804 - UNITY��!"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

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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AGREEMENT NO. A-11804 - UNITY��""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)

Signature of Authorized Representative

4k-i'lO

Date

1 of 1

 

 

BIB]

 

40388-U01

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