EXHIBIT 10.12
Agreement No. 00-H164 by and between the
City of Hawthorne and
iNetVersity
dated April 20, 2000
AGREEMENT NO. 00-H164
THIS AGREEMENT is made and entered into this 1st day of July, 2000,
by and between the CITY OF HAWTHORNE, a municipal corporation, hereinafter
referred to as "City" and I-NETVERSITY, hereinafter referred to as "Vendor."
WHEREAS, on July 12, 1983, City entered into Joint Powers Agreement
No. 83-100 along with several other cities for the purpose of providing for
the delivery of employment training services to participants of the South Bay
Service Delivery Area (SBSDA); and
WHEREAS, the City has entered into agreements with several California
Workforce Investment Areas for the purpose of providing for the delivery of
employment training services under the Federal Workforce Investment Act of
1998 (WIA), Welfare-to-Work and other eligible grant participants; and
WHEREAS, pursuant to said Agreements, City is receiving and will be
receiving federal funds from the Family Economic Security Act, as amended, and
the Workforce Investment Act and its implementing regulations for the purpose
of providing training to eligible participants; and
WHEREAS, on MARCH 5, 1996, the City of Inglewood and vendor entered
into Agreement No. 96-67 to provide Classroom Training Individual Referral
services under the Job Training Partnership Act (JTPA); and
WHEREAS, vendor proposes to renew, with no changes, existing
Agreement No. 96-67, which expired on June 30, 2000; and
WHEREAS, vendor has submitted a successful proposal and other
documentation showing its business operations; and
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WHEREAS, the City of Hawthorne is the Administrative Entity for the
South Bay Workforce Investment Area; and
WHEREAS, vendor represents itself as being qualified and capable of
providing said services in accordance with all the rules and regulations
developed to implement said statutes and in accordance with the terms and
conditions of this agreement;
NOW, THEREFORE, in consideration of these recitals and the mutual
obligations provided herein, the parties hereto agree as follows: premises the
parties hereto agree as follows:
-- VENDOR REQUIREMENTS/RESPONSIBILITIES
Vendor shall be required to provide classroom training in accordance
with Classroom Training Individual Referral (CTIR) contract requirements and
as set forth in the Exhibits which are listed below, attached hereto and
incorporated herein by this reference:
Exhibit "A" - Program Outline
Exhibit "B" - Completion Competencies
Exhibit "C" - Vendor Required Documents
Exhibit "D" - Program Plan and Performance Standards
Exhibit "E" - Statement of Business Ownership for Vendors
Exhibit "F" - Debarment and Suspension Certificate
Exhibit "G" - Lobbying Certification
Exhibit "H" - Non-Discrimination Clause
Further Responsibilities
Vendor shall:
Provide services funded under this agreement only to
individuals determined eligible under WIA guidelines
as designated by the South Bay Workforce Investment
Area and City.
Provide facilities which are adequate to fulfill the
requirements of this contract.
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Provide documents as set forth in Exhibit "C," before this
contract can be implemented.
Provide services as described in Program Plan, Exhibit "D."
Reports and Records
Vendor agrees to provide reports, books, records and data
related to program activities funded by this
Agreement, in addition to those expressly required by
other provisions of this Agreement, as may be
requested by the City, its agents or designees. Upon
written request, attendance records shall be
submitted to case manger(s), or other responsible
party(s) on a monthly basis, and/or every two (2)
weeks if participant is receiving needs-based, or
needs-related payments.
Retention of Records
Vendor agrees to retain all records pertinent to all grants, funds or
agreements under the Workforce Investment Act, including financial,
statistical, property, and participant records and supporting documentation
for a period of three years from the date of submission to the State of the
final expenditure report for the program year's allotment. Records for
non-expendable property shall be retained for a period of three years after
final disposition of the property. Records described herein shall be retained
beyond the prescribed period if any litigation or audit is begun or if a claim
is instituted involving the grant or agreement covered by the records. In
these instances, Vendor will retain the records until the litigation, audit,
or claim has been finally resolved. Records must be retained locally to be
accessible to the City, the South Bay Workforce Investment Area, its agents or
designees.
Inspection
Such records, reports, books, financial statements, and other
documents required herein shall be opened to inspection by and permitted
access to City, the South Bay Workforce Investment Area, its designees or
agents, the State, independent auditor(s), and/or the United States Department
of Labor, or designees of any of these agencies at any time during Vendor's
normal business hours.
Report Reconciliation
Vendor shall reconcile monthly MIS participant rosters within ten
(10) business days from the last day of the prior month to verify enrollments,
completions, and terminations. Referring entity/case manager shall be notified
in writing of any required adjustments.
Vendor Cooperation
Vendor shall fully cooperate with authorized representatives of the
South Bay Workforce Investment Area, its designees or agents, the City, State
and Federal governments including independent auditors, seeking to interview
any program participant or staff member of Vendor,
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or to evaluate, inspect and/or monitor those facilities and operations of
Vendor that are directly involved in the implementation of programs funded
through this Agreement.
Performance Review
Vendor performance will be reviewed quarterly by assigned staff or
committees and will be based on program performance as detailed in Exhibit "D."
Monitoring
Monitoring of activities funded through this Agreement, including
unscheduled site visits, will be conducted throughout the contract period to
assure program quality. The Vendor agrees to be responsible for the internal
monitoring of all activities encompassed by this Agreement.
-- CONFIDENTIALITY REQUIREMENTS
Contractor shall maintain the confidentiality of any information
regarding Participants, and the immediate family of any
applicant of Participant that identifies or may be used to
identify them and which may be obtained through application
forms, interviews, tests, reports from the public agencies,
counselors, or any other source. The Contractor shall not
divulge such information without the permission of the
Participant, except for disclosures required by court process,
order, or decree, and except that information which is
necessary for purposes related to the performance or
evaluation of the Agreement may be divulged to parties having
responsibilities under the Agreement for monitoring or
evaluating vendor performance and services. These discourses
are limited to governmental authorities and to the extent
necessary for the proper administration of the program.
Confidentiality of State/County Records
Confidential information pertains to any data that identifies an
individual, or an employing unit. Confidential information is not open to the
public and requires special precautions to protect it from loss, unauthorized
use, access, disclosure, modification, and destruction. The sources of
information may include, but are not limited to, Employment Development
Department, the California Department of Social Services, the California
Department of Education, the County Welfare Department(s), Directors of Child
Support, the Office of the District Attorney, the California Department of
Mental Health, the California Office of Community Colleges and the Department
of Alcohol and Drug Programs. The Contractor agrees to:
Keep all information furnished by State/County agencies
strictly confidential, and make the information
available to its own employees only on a
"need-to-know" basis, as specifically authorized in
this Agreement. Instruct all employees with
State/County information access regarding the
confidentiality of this information and of the
penalties for unauthorized use or disclosure found in
Section 1798.55 of the Civil Code; Section 502
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of the Penal Code; Section 2111 of the Unemployment
Insurance Code; Section 10850 of the Welfare and
Institutions Code and other applicable local, State
and federal laws.
Store and process information electronically, in a manner that
renders it unretrievable by unauthorized computer,
remote terminal, or other means. State/County
confidential information should be returned promptly
and/or, all copies/derivations should be destroyed
when no longer in use. An approved method of
confidential information destruction should be used:
shredding, burning, or certified/witnessed
destruction. Magnetic media are to be demagnetized,
or returned to appropriate agency. In no event shall
said information be disclosed to any individual
outside of the Contractor staff, and/or their
employees.
-- CERTIFICATION REGARDING CHILD SUPPORT
COMPLIANCE PROGRAM
Contractor, by signing this Agreement, hereby certifies compliance
with the Child Support Compliance Act of the State of California, as
implemented by the Employment Development Department. Contractor assures that
to the best of its knowledge, it is fully complying with the earnings
assignment orders of all employees, and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department. Contractor recognizes and acknowledges the importance
of child and family support obligations and shall fully comply with applicable
state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with Section
5200) Part 5 of Division 9 of the Family Code. Contractor's failure to comply
with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and the Contractor may be
ineligible for award of future Agreements if City determines that any of the
following has occurred: (1) False certification, or (2) Violation of the
certification by failing to carry out the requirements as noted above.
-- COMPLAINT RESOLUTION PROCEDURES
South Bay Workforce Investment Area establishes Complaint Resolution
Procedures under the Job Training Partnership Act (JTPA)
pursuant to Title 20 CFR, Section 627.504 and Section 144 and
the Workforce Investment Act (WIA) as amended.
Contractor shall comply with the South Bay Workforce
Investment Area WIA Complaint Resolution Procedures,
and any changes incorporated therein during the term
of this Agreement, in the resolution of complaints
alleging a violation of the WIA, the WIA regulations,
the grant or any other Agreements under the Act.
South Bay Workforce Investment Area shall furnish a
copy of its procedures to Contractor upon execution
of this Agreement.
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Contractor shall provide to each eligible participant and
staff a copy and/or summary of the South Bay
Workforce Investment Area WIA Complaint Resolution
Procedures during orientation. In the event that
Contractor subcontracts with another party for the
provisions of training or job development services to
a participant, the subcontractor shall require that
the participant receive access to WIA grievance
procedures at each tier of service. Contractor shall
maintain written documentation that each WIA staff
person and participant has received information
regarding the South Bay Workforce Investment Area WIA
Complaint Resolution Procedures.
Contractor WIA Participant Complaint Resolution Procedures
Contractor (with the exception of those providing Classroom
Training exclusively) shall develop and maintain
procedures for the resolution of complaints involving
the terms and conditions of participant employment.
Classroom Training contractors shall provide WIA
participants with copies of the South Bay Workforce
Investment Area grievance procedures and shall
instruct participants that they have the option of
filing complaints directly with the South Bay
Workforce Investment Area.
Contractor shall provide each participant with a copy of its
internal WIA participant complaint resolution
procedures upon enrollment into the program or during
orientation. In the event that Contractor
subcontracts with another party for the provisions of
training or job development services to a
participant, the subcontractor shall require that the
participant receive access to WIA grievance
procedures at each tier of service. Contractor shall
maintain written documentation that each WIA staff
person and participant has received information
regarding the South Bay Workforce Investment Area
Complaint Resolution Procedures.
Contractor shall not discriminate or retaliate against any person, or
deny to any person a benefit to which that person is entitled
under the provisions of the WIA Act or WIA Regulations because
such person has filed a complaint, has instituted or caused to
be instituted any proceeding under or related to the Act, has
testified or is about to testify in any such proceeding or
investigation, or has provided information as assisted in any
investigation.
Contractor shall permit the Directorate of Civil Rights (or a
representative) access to its premises, participants,
employees, books, and papers should the need arise during a
complaint investigation.
-- COMPENSATION
The parties agree that this shall be a tuition reimbursement contract.
Compensation for the services covered by this Agreement shall
be at a rate less than or equal to the published tuition rate
of Vendor, and shall be disbursed in accordance with tuition
reimbursement and refund policies agreed to by Vendor. City
shall be reimbursed
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any amount of Pell or other Education Assistance payments
made to Vendor for training costs on behalf of WIA
participants or, if needed, City may negotiate the use of
the Pell grant to meet the supportive service(s) needs of
participant(s). Fifty percent (50%) of tuition is paid upon
verification that participant has completed one-half of
total training hours as stipulated herein. The remaining 50%
payment is made upon verification of completion of training,
or on a prorata basis in accordance with vendor's tuition
refund policy. The City shall be entitled to the same refund
policy and procedures as applied to all other students. City
shall process the billing as received and issue payment
therefore as soon as reasonably practicable and in the
ordinary course of City business. Compensation shall be made
as stipulated herein and in accordance with South Bay
Workforce Investment Area/WIA directives, and tuition
reimbursement procedures.
Upon enrollment, vendor shall submit to South Bay Workforce Investment
Area, a voucher with an original copy of the referring
training voucher, and a copy, signed by vendor and
participant, of the school's Enrollment Agreement Form for the
participant. Payment equal to 50% of all costs of tuition,
books, supplies, and registration fees as stipulated herein
shall be made to vendor per participant upon verification that
participant has completed 50% of total training hours as
evidenced by time sheets, attendance records signed by the
participant, or by any other process determined by South Bay
Workforce Investment Area. The balance of payable costs shall
be reimbursed to Vendor upon verification of completion of
training, or on a prorate basis per training hour completed
for those participants who do not complete training. South Bay
Workforce Investment Area must verify receipt of participant's
WIA Registration Form and WIA Enrollment Form prior to all
payments.
(1) MICROSOFT CERTIFIED SYSTEMS ENGINEERING (700 HOURS). In no
case can the total amount of expenditure by City under this
agreement exceed the sum of $10,900.00 for tuition, books and
registration fees per participant trained in the
training-related occupations of Microsoft Certified Systems
Engineering in accordance with Exhibits "A" and "B."
C. (2) MICROSOFT CERTIFIED PRODUCT SPECIALIST - NT (400 HOURS). In no
case can the total amount of expenditure by City under this agreement exceed the
sum of $5,500.00 for tuition, books and registration fees per participant
trained in the training-related occupations of Microsoft Certified Product
Specialist-NT in accordance with Exhibits "A" and "B."
C. (3) MICROSOFT CERTIFIED PRODUCT SPECIALIST-WEB (396 HOURS). In no
case can the total amount of expenditure by City under this agreement exceed the
sum of $5,500.00 for tuition, books and registration fees per participant
trained in the training-related occupations of Microsoft Certified Product
Specialist-Web, in accordance with Exhibits "A" and "B."
The City reserves the right to withhold or refuse payment for the late
forms, including invoices, required from the Vendor and/or
referring entity(s). City/South Bay Workforce Investment Area
reserves the right to withhold or refuse payment for any
portion of service(s) or consideration not rendered by Vendor.
No payment
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will be received by any participant as stipulated herein. In
accordance with Vendor's tuition refund policies, applicable
State tuition refund requirements, and/or as mutually agreed
and stipulated herein, the payable costs shall be reimbursed
to vendor upon verification of completion of training or on
a prorata basis per training hour completed for those
participants who do not complete the training. In every
case, the more restrictive of these provisions shall prevail.
City also reserves the right to make compensation payments to vendor at
any time during the Agreement period. City reserves the right,
in order to comply with Federal or State expenditure
guidelines, to make compensation payments to vendor for
services obligated to be performed, but not yet completed.
The sum(s) agreed to in Section V.C shall include all costs associated
with training and placement services which are to be provided
under this agreement. Increase in training costs are permitted
once within a twelve month period providing established South
Bay Workforce Investment Area criteria is met. Exception to
this policy will only occur when Vendor provides an itemized
summary in writing identifying the source(s) for the increase,
and includes acceptable supportive documentation for
evaluation and approval by South Bay Workforce Investment
Board (SBWIB). Vendor shall make no additional claims for
costs, charges, or fees, nor shall Vendor receive additional
payment or any form of reimbursement from the City, south Bay
Workforce Investment Area, individual participants or any
other party, other than as specifically detailed in this
Agreement.
-- TERM OF AGREEMENT
Vendor shall commence performance under the terms of this agreement as
of the date of the City's notice to proceed. Unless sooner terminated as
provided herein, this agreement shall expire on June 30, 2002. However, Vendor
may continue to perform, complete and be compensated for services rendered after
June 30, 2002 for those activities covered by this Agreement and begun prior to
said expiration date.
-- MODIFICATIONS
This contract fully expresses the agreement of the parties. Any
modification or amendment of the terms or conditions of this contract must be by
means of a separate written document approved by the City. No oral conversation
between any officer or employee of the parties shall modify this contract in any
way.
-- DISPUTES AND BREACH
Disputes
Any dispute between City and vendor arising from this contract shall be
reviewable in accordance with procedures set forth in 20 CFR subpart E and EDD
procedures for JTPA grievances, Title 22 CAC Section 4501-1 et seq.
Breach
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In the event any party fails to perform, in whole or in part, any
promise, covenant, or agreement herein, or should any representation made by it
be untrue, any aggrieved party may avail itself of all rights and remedies, at
law or equity, in the courts of law. Said rights and remedies are cumulative of
those provided for herein with respect to termination, if any, except that in no
event shall any party recover more than once, suffer a penalty or forfeiture, or
be unjustly compensated.
-- TERMINATION AND SUSPENSION OF FUNDING
Suspension
It is mutually understood and agreed that failure to comply
with any provisions of this contract, its Exhibits
and Attachments is cause for suspension of payments
and/or referrals.
City may immediately suspend payments to Vendor prior to
termination of the Agreement in whole or in part for
the following cause(s):
Failure to comply in any material respect with
either the terms and/or conditions of this
Agreement.
Submittal or City and/or Administrative Entity of
reports which are incorrect or incomplete in
any substantial or material respect.
Termination or suspension of grant(s) to City from
the Federal or State Governments.
Failure of Vendor to accept and/or implement any
additional conditions that may be required
by law, by the Federal government, Executive
Order or by regulation of the State, or its
agencies responsible for the operation of
this program, or South Bay Workforce
Investment Area.
Upon suspension of funds, for whatever reason, Vendor agrees
not to expend any further funds related to the
performance of this Agreement without the express,
written consent of City.
Termination.
This Agreement may be terminated in whole or in part by City
for cause, which shall include:
Failure for any reason of the Vendor to fulfill in a
timely and proper manner any of the its
obligations under this Agreement.
Suspension or termination by the Department of Labor
or the State of the grant to City and/or
Administrative Entity under which this
Agreement is made.
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Improper use by Vendor of funds furnished under this
Agreement.
Failure to meet performance standards as stipulated
in Exhibit "D," attached.
This Agreement may be canceled by either party without cause
upon 30 days written notice prior to the effective
date of such termination, which shall be specified in
the notice.
Upon termination or cancellation of this Agreement, Vendor
shall be responsible for preparation of close out
reports and transmittal to City of all documents
which are in the possession of Vendor that relate to
the conduct of the program within the time and within
the manner prescribed by City. Final payment to
Vendor under this Agreement will be made only after
City has determined that Vendor has satisfactorily
completed said close-out procedures.
-- ASSIGNMENTS AND SUBCONTRACTS
Vendor shall neither assign this contract nor enter into any
subcontract for the performance of services required herein without securing the
prior consent of City.
-- INSURANCE
General Liability Insurance.
Vendor shall procure and maintain general liability insurance
protecting Vendor and City, its officers, employees, and agents against claims
arising from bodily injury or death to persons occurring on Vendor's business
premises or otherwise through Vendor's operation or performance under this
Agreement. Said insurance shall consist of combined single limit liability
coverage in an amount of $1,000,000 or equivalent coverage as approved by the
Chief Counsel of City.
Automobile Insurance
If a Vendor, in conducting activities under this agreement, uses motor
vehicles, the Vendor shall insure that the City, its officers, employees, and
agents are held harmless against claims arising from the ownership, maintenance
or use of said motor vehicles. In addition, Vendor shall provide insurance
through a commercial insurance company authorized to do business in the State of
California. The coverage shall be $1,000,000 combined single limit liability, or
such other equivalent coverage approved by the Chief Counsel for the City.
Workers' Compensation
Vendor shall provide workers' compensation insurance coverage and
benefits or, if applicable, other comparable insurance coverage such as medical
and accident insurance for those participants not qualifying as employed under
workers' compensation, as required by State or Federal law.
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Certificates of Insurance
Vendor shall furnish to City evidence of any insurance required by this
Agreement. A Certificate of Insurance from an insurer admitted to do business in
the State of California will be provided, indicating that the respective
policy(s) meets the following requirements:
The City, its officers, employees, and agents shall be named
as additional insured.
Insurance shall not be canceled or terminated without 30 days
written notice to City.
Insuranceshall be primary and any insurance held by City for
its own protection shall be excess and shall be
effective only upon exhaustion of Vendor's insurance.
Insuranceshall be maintained for the duration of the
Agreement, including any period extended beyond the
expiration date of this Agreement required to
complete performance as stipulated in Section III.
Self-Insurance.
Notwithstanding the insurance required above, the City, at its own
option, may accept as an equivalent for any such coverage, evidence of an
ongoing program of self-insurance together with excess coverage. Said
equivalent, in order to satisfy the requirements herein contained, shall be
subject to approval of the Chief Counsel of the City.
Insurance for Internships/Externships.
Vendor will be responsible for maintaining the appropriate insurance
coverage required above for participants during any internships/externships
required in the performance of this Agreement.
Fidelity Bond.
In the event City chooses to make payment required herein by this
Agreement by way of advancement as opposed to reimbursement, Contractor shall be
required to provide and maintain a blanket fidelity bond which shall apply to
the performance of any direct to, officer or agent of Contractor who signs or
authorizes signatures on checks or drafts or in any manner authorizes the
disbursement of project funds. Prior to the payment of program funds, by City,
Contractor shall furnish City a certificate of insurance from an insurer
admitted to do business in the State of California verifying the Contractor
carries such a bond. Said insurance certificate shall (1) name the City as
additional insured with a provision for direct payment to the City in the event
of loss and (2) provide that said bond shall not be canceled or terminated
without 30 days written notice to City. Contractor hereby assigns to City any
right it has to claim indemnification under such bond. The amount of the bond
shall be no less than $50,000 or the highest advance planned for the present
Agreement, whichever is higher.
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-- HOLD HARMLESS
Vendor agrees to indemnify, defend, save and hold harmless City, its
officers, employees, and agents against any and all costs, expenses, claims,
suits, and liability for bodily or personal injury to or death of any person and
for injury to or loss of any property, or for any indebtedness or obligations,
resulting therefrom or arising out of an in any way connected with the alleged
negligent or wrongful acts or omissions of Vendor, its officers, employees,
vendors, agents or representatives, in performing or failing to perform any
services required herein to be performed by Vendor or incurred by Vendor in
disbursing or using any WIA funds under this Agreement.
City, its officers, employees, and agents, by this Agreement shall not
assume any liability nor shall they be liable for the negligent or wrongful acts
or omissions or for any indebtedness or obligations of Vendor or any of its
officers, employees, vendors, agents or representatives thereof attributable to
the services required to be performed or caused by the disbursement and use of
WIA funds by Vendor under this Agreement.
-- OCCUPATIONAL SAFETY AND HEALTH ACT
Vendor agrees to provide all participants with safety and health
protection which shall be at least as effective as that which would be required
under the Occupational Safety Health Act of 1970 as amended if the participants
were employees of the Vendor. Vendor shall also comply with the provisions of
the California Occupational Safety and Health Act as amended.
-- FEDERAL, STATE AND LOCAL COMPLIANCE
Vendor shall comply with the Americans with Disabilities Act (ADA) of
1990; the California Public Records Act; applicable Drug Free Workplace
requirements; all other Federal, State and local laws, rules and regulations
applicable to the performance of this agreement; policies and operating
requirements of City and the South Bay Workforce Investment Area; applicable
sections of the South Bay Workforce Investment Area Operations Manual; as well
as applicable provisions and standards promulgated by the Department of Labor as
they apply to vendor.
If regulations are amended or revised, Vendor shall comply with them or
notify City within 30 days after promulgation of amendments or revisions that it
cannot so conform.
-- DRUG FREE WORKPLACE COMPLIANCE
Vendor shall comply with GOVERNMENT CODE Section 8355, in matters
relating to providing a drug-free workplace as follows:
Publish a statement notifying employees/participants that unlawful
manufacture, distribution, dispensation, possession, or use of
a controlled substance is prohibited and specifying actions to
be taken against employees/participants for violations, as
required by Government Code 8355(a).
Establisha Drug-Free Awareness Program as required by Government Code
Section 8355(b), to inform employees/participants about all of
the following:
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The dangers of drug abuse in the workplace;
The person's or vendor's policy of maintaining a drug-free
workplace;
Any available counseling, rehabilitation and
employee/participant assistance programs; and
Penalties that may be imposed upon employees/participants for
drug abuse violations.
Provide as required by Government Code Section 8355(c), that every
employee/participant who works on the proposed contract or
grant:
Will receive a copy of the vendor's drug-free policy
statement, and
Will agree to abide by the terms of the vendor's statement as
a condition of employment/training on the contract or
grant.
Vendor may be subject to suspension of payments or termination for
failure to carry out the requirements of GOVERNMENT CODE Section 8355(a) to (c).
-- FISCAL ACCOUNTABILITY
Vendor shall maintain a sound, auditable financial management system,
based upon generally accepted accounting principles (GAAP).
-- NOTICES
All notices to be given in accordance with this Agreement shall be
deemed served by (1) enclosing same in a sealed envelope addressed to the party
intended to receive the same at the address indicated herein and deposited
postage prepaid in the United States Postal Service, or by (2) personal service.
For these purposes, the addresses of the parties shall be as follows:
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City
----
City of Hawthorne
South Bay Workforce Investment Area
x/x Xxx Xxxxxxxxxx Xxxx.
Xxxxxxxxx, Xxxxxxxxxx 00000
Contact: Xxxxx Xxxxxxxx
Phone: 310/000-0000
FAX: 310/000-0000
VENDOR
I-Net Versity
00000 Xxxxxxx Xxx., Xxxxx 000
Xxxxxxxx, Xxxxxxxxxx 00000
Contact: X. Xxxxxxx
Office Phone: (000)000-0000
Fax Phone: (000) 000-0000
- AUDITS
Vendor shall adhere to applicable requirements of OMB Circular A-133.
- DEBARMENT AND SUSPENSION CERTIFICATION
In accordance with Executive Order 12549, Debarment and Suspension, 29
CFR Part 98, Section 98.510, Vendor shall complete a Debarment and Suspension
Certification and shall obtain Debarment and Suspension certifications as a
precondition for non-mandatory awards to subrecipients awarded procurement(s) in
excess of $25,000. Such certification assures that Federal funds are not
provided to parties that are "debarred, suspended, ineligible, or voluntarily
excluded" in the current FEDERAL LIST OF PARTIES EXCLUDED FROM PROCUREMENT OR
NON-PROCUREMENT PROGRAMS.
- NONEXPENDABLE PROPERTY
The City reserves the right to determine the final disposition of said
nonexpendable property. The property shall be used and maintained by the
Contractor as follows:
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1) Property shall be used solely in the performance of this Agreement.
2) No modifications shall be made to the property without the prior
written approval of the City.
The Contractor shall comply with the provisions of JTPA Directive
97-17, Property Management, on all non-expendable property received under the
Private Industry Council Aerospace Network (PAN) projects.
- ENTIRE AGREEMENT
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This Agreement, including all Exhibits, constitutes the entire
Agreement of the parties and supersedes any previous oral negotiations or
written expressions of intent between the parties.
IN WITNESS WHEREOF, the parties hereto have agreed on this date and
year first above written.
VENDOR
By:
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Signature:
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Name:
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Title:
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CITY OF HAWTHORNE
City Manager
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APPROVED BY:
City Attorney
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APPROVED AS TO FORM:
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Xxxx Xxxxx, Attorney-at-Law
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TABLE OF CONTENTS
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PAGE
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EXHIBITS
1. EXHIBIT "A" - PROGRAM OUTLINE
2. EXHIBIT "B" - COMPLETION COMPETENCIES
3. EXHIBIT "C" - VENDOR REQUIRED DOCUMENTS
4. EXHIBIT "D" - PROGRAM PLAN/PERFORMANCE STANDARDS
5. EXHIBIT "E" - STATEMENT OF BUSINESS OWNERSHIP
6. EXHIBIT "F" - DEBARMENT AND SUSPENSION CERTIFICATION
7. EXHIBIT "G" - LOBBYING CERTIFICATION
8. EXHIBIT "H" - NON-DISCRIMINATION CLAUSE
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EXHIBIT A
PROGRAM OUTLINE
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TITLE OF TRAINING PROGRAM: Microsoft Certified Systems Engineer (MCSE)
TYPE OF TRAINING: Classroom Training
BRIEF DESCRIPTION OF TRAINING TO BE PROVIDED: Vendor shall conduct
occupational skill training of MCSE in an institutional setting for JTPA
eligible participants. Vendor will ensure that individuals acquire the skills,
knowledge, and abilities necessary to perform a training related job as a
network administrator, computer technician for which demand exceeds supply.
PREVAILING AVERAGE ENTRY WAGE FOR OCCUPATION: $15.00/Hour
MAXIMUM TOTAL COST PER STUDENT: $10,900
------------------------------------------------------------------------------------------------
Cost Breakdown: License Fee $
------------------------------------------------------------------------------------------------
Tuition $10,825 Tools n/a $n/a
------------------------------------------------------------------------------------------------
Registration $75.00 Testing Fee (Identify) included $included
------------------------------------------------------------------------------------------------
Books included $
------------------------------------------------------------------------------------------------
Supplies & Materials included $
------------------------------------------------------------------------------------------------
Uniform(s) n/a Externships: Yes x No when applicable
------------------------------------------------------------------------------------------------
Physical Exams n/a No. of hours included with course 700/Hrs
------------------------------------------------------------------------------------------------
State Exams n/a No. of hours following completion n/a
of course
------------------------------------------------------------------------------------------------
COURSE SCHEDULE (INCLUDE CLASS TOTALS):
Day Class Hours: 9:00 a.m. to 5:00 p.m. Days of Instruction: M-F Total Course Hrs. 700 Total Wks. 20
Afternoon Class Hours: Days of Instruction: Total Course Hrs. Total Wks.
Evening Class Hours: 6:00 p.m. to 10:00 p.m. Days of Instruction: M-Th Total Course Hrs. 700 Total Wks 43
-------------------------------------------------------------------------------
EXHIBIT A (CONTINUED)
PROGRAM OUTLINE
-------------------------------------------------------------------------------
TRAINING-RELATED JOBS: DICTIONARY OF OCCUPATIONAL TITLES CODE
(DOT CODE):
1. Network Administrator 031.132-010
2. Software Programmer 031.132-010
3. Computer Technician 032.262-010
4. Product Specialist 031.262-014
5. Network IT Manager: 031.132-010
THE FOLLOWING ENROLLMENT INFORMATION WILL APPLY:
TARGETED GROUP: WIA Eligible Individuals
TYPE OF REFERRAL: Individual
TARGETED INDUSTRY: Information Technology
TARGETED OCCUPATION: Network Administration, Software
Programmer, Computer Tech., Product
Specialist
SELECTION CRITERIA: Worderlic Test, DOS Test, One-to-One
Interview
ENROLLMENT SCHEDULE: Every two weeks (approximately)
TRAINING SITE(S): Xxxxxxxx, XX (00000 Mariner Ave.,
Ste. 100, Torrance, CA 90503
Irvine, CA (00000 XxxXxxxxx Xxxx.,
Xxx. 000, Xxxxxx, XX 00000
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EXHIBIT A
PROGRAM OUTLINE
-------------------------------------------------------------------------------
TITLE OF TRAINING PROGRAM: Microsoft Certified Product Sp. (MCP) (NT)
TYPE OF TRAINING: Classroom Training
BRIEF DESCRIPTION OF TRAINING TO BE PROVIDED: Vendor shall conduct
occupational skill training of MCP (NT) in an institutional setting for JTPA
eligible participants. Vendor will ensure that individuals acquire the
skills, knowledge, and abilities necessary to perform a training related job
as a network administrator/technician for which demand exceeds supply.
PREVAILING AVERAGE ENTRY WAGE FOR OCCUPATION: $13.00/Hour
MAXIMUM TOTAL COST PER STUDENT: $5,500
-------------------------------------------------------------------------------------------
Cost Breakdown: License Fee $n/a
-------------------------------------------------------------------------------------------
Tuition $5,425 Tools $n/a
-------------------------------------------------------------------------------------------
Registration $75.00 Testing Fee (Identify) included $included
-------------------------------------------------------------------------------------------
Books $included $
-------------------------------------------------------------------------------------------
Supplies & Materials $included $
-------------------------------------------------------------------------------------------
Uniform(s) $n/a Externships: Yes No /x/
-------------------------------------------------------------------------------------------
Physical Exams $n/a No. of hours included with course 400/Hrs
-------------------------------------------------------------------------------------------
State Exams $n/a No. of hours following completion n/a
of course
-------------------------------------------------------------------------------------------
COURSE SCHEDULE (INCLUDE CLASS TOTALS):
Day Class Hours: 9:00 a.m. to 5:00 p.m. Days of Instruction: M-F Total Course Hrs. 400 Total Wks. 11.4
Afternoon Class Hours: Days of Instruction: Total Course Hrs. Total Wks.
Evening Class Hours: 6:00 p.m. to 10:00 p.m. Days of Instruction: M-Th Total Course Hrs. 400 Total Wks 25
-------------------------------------------------------------------------------
EXHIBIT A (CONTINUED)
PROGRAM OUTLINE
-------------------------------------------------------------------------------
TRAINING-RELATED JOBS: DICTIONARY OF OCCUPATIONAL TITLES CODE
(DOT CODE):
1. Network Administrator 031.132-010
2. Software Programmer 031.132-010
3. Computer Technician 032.262-010
4. Product Specialist 031.262-010
5. Network IT Manager: 031.132-010
THE FOLLOWING ENROLLMENT INFORMATION WILL APPLY:
TARGETED GROUP: WIA Eligible Individuals
TYPE OF REFERRAL: Individual
TARGETED INDUSTRY: Information Technology
TARGETED OCCUPATION: Network Administration, Software
Programmer, Computer Tech., Product
Specialist
SELECTION CRITERIA: Worderlic Test, DOS Test, One-to-One
Interview
ENROLLMENT SCHEDULE: Every two weeks (approximately)
TRAINING SITE(S): Xxxxxxxx, XX (00000 Mariner Ave.,
Ste. 100, Torrance, CA 90503
Irvine, CA (00000 XxxXxxxxx Xxxx.,
Xxx. 000, Xxxxxx, XX 00000
-------------------------------------------------------------------------------
EXHIBIT A
PROGRAM OUTLINE
-------------------------------------------------------------------------------
TITLE OF TRAINING PROGRAM: Microsoft Certified Product Sp. (WEB)
TYPE OF TRAINING: Classroom Training
BRIEF DESCRIPTION OF TRAINING TO BE PROVIDED: Vendor shall conduct
occupational skill training of MCP/WEB in an institutional setting for JTPA
eligible participants. Vendor will ensure that individuals acquire the
skills, knowledge, and abilities necessary to perform a training related job
as a computer technician, web page designer, network for which demand exceeds
supply.
PREVAILING AVERAGE ENTRY WAGE FOR OCCUPATION: $15.00/Hour
MAXIMUM TOTAL COST PER STUDENT: $5,500
---------------------------------------------------------------------------------------------------
Cost Breakdown: License Fee $n/a
---------------------------------------------------------------------------------------------------
Tuition $5,425 Tools $.n/a
---------------------------------------------------------------------------------------------------
Registration $75.00 Testing Fee (Identify) $included
(4 voucher max)
---------------------------------------------------------------------------------------------------
Books $included $
---------------------------------------------------------------------------------------------------
Supplies & Materials $included $
---------------------------------------------------------------------------------------------------
Uniform(s) $n/a Externships: Yes No /x/
---------------------------------------------------------------------------------------------------
Physical Exams $n/a No. of hours included with 396/Hrs
course
---------------------------------------------------------------------------------------------------
State Exams $n/a No. of hours following n/a
completion of course
---------------------------------------------------------------------------------------------------
COURSE SCHEDULE (INCLUDE CLASS TOTALS):
Day Class Hours: 9:00 a.m. to 5:00 p.m. Days of Instruction: M-F Total Course Hrs. 396 Total Wks. 11.3
Afternoon Class Hours: Days of Instruction: Total Course Hrs. Total Wks.
Evening Class Hours: 6:00 p.m. to 10:00 p.m. Days of Instruction: M-Th Total Course Hrs. 396 Total Wks 25
-------------------------------------------------------------------------------
EXHIBIT A (CONTINUED)
PROGRAM OUTLINE
-------------------------------------------------------------------------------
TRAINING-RELATED JOBS: DICTIONARY OF OCCUPATIONAL TITLES CODE
(DOT CODE):
1. Web Developer 030.162-010
2. Network Administrator 031.132-010
3. Web Page/Research & Dev. 030.162-010
4. Computer Technician 032.262-010
4. Web Editor 030.162-010
5. Network IT Manager: 031.132-010
THE FOLLOWING ENROLLMENT INFORMATION WILL APPLY:
TARGETED GROUP: WIA Eligible Individuals
TYPE OF REFERRAL: Individual
TARGETED INDUSTRY: Information Technology
TARGETED OCCUPATION: Network Administration, Software
Programmer, Computer Tech., Product
Specialist
SELECTION CRITERIA: Worderlic Test, DOS Test, One-to-One Interview
ENROLLMENT SCHEDULE: Every two weeks (approximately)
TRAINING SITE(S): Xxxxxxxx, XX (00000 Mariner Ave.,
Ste. 100, Torrance, CA 90503
Irvine, CA (00000 XxxXxxxxx Xxxx.,
Xxx. 000, Xxxxxx, XX 00000
--------------------------------------------------------------------------------
EXHIBIT B
COMPETENCIES
--------------------------------------------------------------------------------
TITLE OF TRAINING: Microsoft Certified Systems Engineer (MCSE)
VENDOR NAME: I-Net Versity
TRAINING LENGTH: 700/Hrs. 20/Wks. No. of Competencies: 7
PARTICIPANT IS ABLE TO:
-------------------------------------------------------------------------------
COMPETENCY MEASUREMENT MINIMUM SCORE
1. A+ Hardware Knowledge Hands-on/Review Instructor-approved
2. Networking Essentials Prometric Test 766
3. Administering Windows NT 4.0 Prometric Test 700
4. Core Technologies Prometric Test 727
5. Enterprise Technologies Prometric Test 560
6. TCP/IP on Windows NT 4.0 Prometric Test 733
7. NT Server 4.0 Prometric Test 733
8.
9.
10.
--------------------------------------------------------------------------------
EXHIBIT B
COMPETENCIES
--------------------------------------------------------------------------------
TITLE OF TRAINING: Microsoft Certified Systems Engineer (MCP) NT
VENDOR NAME: I-Net Versity
TRAINING LENGTH: 400/Hrs. 11/Wks. No. of Competencies: 4
PARTICIPANT IS ABLE TO:
--------------------------------------------------------------------------------
COMPETENCY MEASUREMENT MINIMUM SCORE
1. Know computer hardware Hands-on Instructor-approved
2. Administer Windows NT 4.0 Prometric Test 700
3. Core Technologies Prometric Test 727
4. Netware 5 Administration Prometric Test 700
5.
6.
7.
8.
9.
10.
--------------------------------------------------------------------------------
EXHIBIT B
COMPETENCIES
--------------------------------------------------------------------------------
TITLE OF TRAINING: Microsoft Certified Product Sp./WEB
VENDOR NAME: I-Net Versity
TRAINING LENGTH: 396/Hrs. 11/Wks. No. of Competencies: 7
PARTICIPANT IS ABLE TO:
--------------------------------------------------------------------------------
COMPETENCY MEASUREMENT MINIMUM SCORE
1. Basic Operating Systems Win/Dos Hands-on Instructor-approved
2. Networking Fundamentals Hands-on Instructor-approved
3. Administering Windows NT 4.0 Prometric Test 700
4. Core Technologies Prometric Test 727
5. Basic Internet Fundamentals/HTML Hands-on Instructor-approved
6. Web site Design Fundamentals Hands-on Instructor-approved
7. Web Graphics Hands-on Instructor-approved
8.
9.
10.
-------------------------------------------------------------------------------
EXHIBIT C
VENDOR'S REQUIRED DOCUMENTS
--------------------------------------------------------------------------------
Vendor agrees to provide South Bay Workforce Investment Area with
the following documents. Enrollments will be withheld pending receipt,
acceptance (and/or approval where indicated by asterisk) of these documents
by Administrative Entity, the Workforce Investment Board (WIB), its
Committees or WIB Counsel and/or City Legal Department when applicable.
ONE COPY OF EACH OF THE FOLLOWING AS NOTED: (south Bay Workforce Investment
Area will check N/A is not applicable.)
/X/ 1. Current Certification(s) by Council For Private Post-Secondary and
Vocational Education (BPPVEE): /X/ Facility /X/ Curriculum
/X/ Instructor In the event of any changes in facilities, curriculum,
and/or instructor(s), or if renewals are required, Vendor shall obtain
BPPVE certification for the changes and renewals and forward copies of
same to City.
2. Check type of organization:
Public / / Private for Profit / / Private Nonprofit / /
Corporation / / Partnership / / Proprietorship / /
Legal Status Documents:
/X/ Articles of Incorporation with State of California Certification
/X/ By-Laws of Corporation
/X/ Fictitious Name Statement
/X/ Business License
/X/ Non-profit status letter from IRS [i.e. 501(c)(3)] for non-profit
agencies (if applicable).
/X/ Other: VENDOR CERTIFICATION FORM(S)/RTVD APPLICATION
/X/ 3. Program Orientation Packet
/X/ 4. Grievance Procedures
/X/ 5. Vendor Policies, including, but not limited to absentee/lateness policy,
Holiday schedule, disciplinary procedures.
OTHER DOCUMENTS:
Administrative and fiscal information:
1. Completed South Bay Workforce Investment Area Authorized Signature
form
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EXHIBIT C
VENDOR'S REQUIRED DOCUMENTS
--------------------------------------------------------------------------------
listing names and signatures of those persons authorized to
execute Agreements, contracts, modifications, fiscal statements and
other documents for Vendor.
/X/ 2. Vendor shall complete 504 accessibility survey forms prior to written
authorization to enroll.
/X/ 3. Debarment and Suspension Certification (for contracts over $25,000)
/X/ 4. Lobbying Certification and Disclosure (for contracts in excess of
$100,000), if applicable.
/X/ 5. Other, specify: (1) STATEMENT OF BUSINESS OWNERSHIP, and
(2) NON-DISCRIMINATION CLAUSE STATEMENT
Require Insurance Certificates:
/X/ 1. General Liability Coverage with endorsements.*
/X/ 2. Automobile Liability Coverage with endorsements.*
N/A 3. Public Entity Evidence of Self-Insurance (if applicable)*
/X/ 4. Worker Compensation Coverage
Endorsements must name the City of HAWTHORNE, its officers,
employees, and agents as additional insured.
--------------------------------------------------------------------------------
EXHIBIT D
PROGRAM PLAN/PERFORMANCE STANDARDS
--------------------------------------------------------------------------------
Vendor Name: I-NET VERSITY
Course Title(s) covered by this Exhibit:
1) Microsoft Certified Systems Engineering
2) Microsoft Certified Product Specialist - NT
3) Microsoft Certified Product Specialist - Web
I. VENDOR RESPONSIBILITIES
A. Administer appropriate pre-tests where applicable.
B. Provide reason(s) for rejection of applicants first to
applicant, with a written summary of said reasons to
appropriate referring entity(s).
C. Insure that the number of participants in classroom training
does not exceed State requirements for training or maximum
room occupancy.
D. Provide program orientation to every participant enrolled,
with verification of such orientation signed by participant
and maintained in each participant's file. Orientation shall
include, but not be limited to: Student policies pertaining to
disciplinary procedures, grievance procedures, notice of
student rights, information on "how students are doing,"
holiday schedule and attendance requirements and procedures.
Vendor shall adhere to State required five (5) day
cancellation policy requirements.
E. Provide written grievance/complaint resolution and
nondiscrimination policies and procedures to applicants and
participant with explanation of process. In addition to
standard grievance/complaint resolution and non-discrimination
procedures, handicapped participants shall also receive
grievance/complaint resolution and non-discrimination policies
and procedures applicable to handicapped persons. A document
verifying receipt of these documents shall be signed and dated
and maintained in participant file.
F. Vendor shall maintain and make available participant daily
attendance records.
G. Vendor will provide participant with certificate of successful
completion and competency achievement and maintain copies of
completed and scored tests described in Exhibit "B" in
participant files.
H. Job Placement activities:
--------------------------------------------------------------------------------
EXHIBIT D
PROGRAM PLAN/PERFORMANCE STANDARDS
--------------------------------------------------------------------------------
1. Vendor shall provide placement services to WIA
participants that are comparable to services provided
to all other students of Vendor.
I. TERMINATION OTHER THAN PLACEMENT
1. Participant Decision: If a participant chooses to
drop out of the program an exit interview will be
held, if possible, to document reason. Vendor will
advise City/South Bay Workforce Investment Area and
appropriate referring entity(s) in writing within two
(2) business days of learning of participant's
decision.
2. Vendor Decision: If Vendor determines that a
participant can no longer benefit from the program,
the Vendor will:
(a) First notify appropriate referring entity(s)
(b) Conduct exit interview, providing
information to participant in accessing
other resources which may be available.
J. PARTICIPANT UNALLOWABLE ACTIVITIES AND COSTS: Vendor will
comply with the following guidelines per WIA Directive 86-6,
July 2, 1986, or compensation may be disallowed:
1. PUBLIC SERVICE EMPLOYMENT: No funds will be used
under this contract for public service employment,
subsidized employment with public and non-profit
employers providing public services.
2. SECTARIAN ACTIVITIES: The employment or training of
participants in sectarian activities is prohibited.
3. POLITICAL ACTIVITIES: No financial assistance may be
provided for any program which involves political
activities.
4. MAINTENANCE OF EFFORT:
(a) No currently employed worker shall be
displaced by any participant (including
partial displacement, such as a reduction in
hours of non-overtime work, wages or
employment benefits).
(b) No program shall impair existing contracts
for services or collective bargaining
agreements, except that no program under
this act which would be inconsistent with
the terms of a collective bargaining
agreement shall be undertaken without the
written concurrence of the labor
organization and employer concerned.
(c) No participant shall be employed or job
opening filled (1) when any other individual
is on layoff from the same or any
substantially equivalent job, or (2) when
the employer has terminated the
--------------------------------------------------------------------------------
EXHIBIT D
PROGRAM PLAN/PERFORMANCE STANDARDS
--------------------------------------------------------------------------------
employment with the intention of filling the
vacancy so created by hiring a participant
whose wages are subsidized under this
contract.
(d) No jobs shall be created in a promotional
line that will infringe in any way upon the
promotional opportunities of currently
employed individuals.
5. WIA funds received by agencies or individuals may not
be used to assist, promote, or deter unionization.
6. No funds provided under WIA may be used for
contributions on behalf of any participant to
retirement systems or plans.
7. No person or organization may charge an individual a
fee for the placement or referral of such individual
in or to a training program funded under this Act.
8. Xxxxx Xxxxx wages shall be paid to participants
employed as laborers or mechanics by vendors or
subcontractors, when working in construction which is
assisted under the Act and which is related to a
building used for WIA programs.
9. Funds provided under this Act shall only be used for
activities which are in addition to those which would
otherwise be available in the area in the absence of
such funds.
10. No funds may be used to assist in relocating
establishments, or parts thereof, from one area to
another unless such relocation will not result in an
increase in unemployment in the area of original
location or in any other area.
11. Funds provided under this Act shall not be used to
duplicate facilities or services available in the
area (with or without reimbursement) from Federal,
State, or local sources, unless it is demonstrated
that alternative services or facilities would be more
effective or more likely to achieve the service
delivery area's performance goals.
K. Vendors offering access to federal and/or state education
assistance grants shall provide City with a list of WIA
participants who are receiving financial aid through one or
more Educational Assistance Programs (including WIA
participants for whom ADA funds were received) and shall
reimburse the City for funds which were used to pay training
costs for participants who received financial aid after
training began.
--------------------------------------------------------------------------------
EXHIBIT D
PROGRAM PLAN/PERFORMANCE STANDARDS
--------------------------------------------------------------------------------
II. VENDOR PERFORMANCE
EVALUATION STANDARDS:
Vendors will be evaluated quarterly on all activities conducted under
this agreement from July 1st through June 30th. Activity(s) not
completed in the program year in which the enrollment occurred will be
carried over and evaluated in the following program year or the program
year in which the completion occurs. Evaluation of vendor performance
may include, but not be limited to the following:
1. Training-related placement rate at termination shall be:
Occupation Rate
---------- ----
1) Microsoft Certified Systems Engineering 70%
2) Microsoft Certified Product Specialist-NT 70%
3) Microsoft Certified Product Specialist-Web 70%
2. FOLLOW-UP ENTERED EMPLOYMENT RATE: The follow-up entered
employment rate is the total number of participants employed
at 91 days after termination into employment (which ahs
occurred within 90 days from completion of training) divided
by the total number of participants terminated at thirteen
weeks (91 days).
The follow-up training-related entered employment rate shall
be no less than: 70%
3. TOTAL WEEKLY EARNINGS AT FOLLOW-UP: Total weekly earnings for
all participants employed at 91 days after termination into
employment (which has occurred within 90 days from completion
of training) divided by the total number of participants
employed at thirteen weeks (91 days). Training-related wage
rates at placement and at 91 day follow-up shall be no less
than:
Occupation Minimum Average
---------- ------- -------
1) Microsoft Certified Systems Engineering $6.50 $7.00
2) Microsoft Certified Product Specialist-NT $6.50 $7.00
3) Microsoft Certified Product Specialist-Web $6.50 $7.00
4. CONTRACT COMPLIANCE CAPABILITY: Service Provider ability to
comply with contract requirements.
--------------------------------------------------------------------------------
EXHIBIT D
PROGRAM PLAN/PERFORMANCE STANDARDS
--------------------------------------------------------------------------------
5. CONTRACT ADMINISTRATION: Administration of Program, including
but not limited to:
a. Documentation
b. Participant Records
c. Prompt and accurate invoicing
d. Cooperation
6. VENDOR'S FISCAL ACCOUNTABILITY: Vendor shall be monitored for
compliance with financial management requirements to ensure
that WIA assets are safeguarded against loss from unauthorized
use or disposition. Furthermore, vendor shall be required to
comply with all applicable California State Tuition Refund
Policies.
III. UNDERSTANDINGS
A. Vendor understands that this Agreement is a tuition
reimbursement contract.
B. Vendor agrees that job placement for participants accepted
into training program shall be a primary responsibility of
Vendor, including job identification, job solicitation and job
development.
C. Vendor understands that once a participant is enrolled and
costs have been incurred, responsibility for participant's
training and placement is assumed.
D. Vendor understands that City, Administrative Entity, and its
agents are charged with tracking and reporting on compliance
and performance of all Agreements to the South Bay Workforce
Investment Area and/or designated committees. City,
Administrative Entity, and its agents are required to monitor
and provide evaluation information to appropriate persons and
committees. Such methods for evaluation may include surveys of
participants and employers.
E. Vendor understands that this program plan is subject to
modification in order to comply with required policies,
procedures and/or interpretation of state guidelines.
F. Vendor understands that on-site monitoring conducted by City,
Administrative Entity and/or its agents, shall include a
review of the financial assistance awards list to find WIA
enrollees and to identify possible WIA training fund
over-payments in order to recover funds from training
institution that received education assistance program funds
on behalf of WIA participants.
G. Vendor understands that all costs paid out for a participant
who is enrolled without written authorization from City prior
to enrollment shall be the sole responsibility of the Vendor.
In the event of any disallowed costs, the South Bay
--------------------------------------------------------------------------------
EXHIBIT D
PROGRAM PLAN/PERFORMANCE STANDARDS
--------------------------------------------------------------------------------
Workforce Investment Area will withhold amounts owed the
debtor for past services or other considerations already
provided in satisfaction of the debt owed or use any other
repayment method identified in the South Bay Workforce
Investment Area debt collection policy.
H. The conduct of the parties to this agreement shall be in
accordance with Title VI and VII of the Civil Rights Act of
1964, and the rules and regulations promulgated thereunder. In
addition,
1. During the performance of this Agreement, the Vendor,
Sub-grantee and its sub-contractees shall not deny
the Sub-grants benefits to any person on the basis of
religion, color, ethnic group identification, sex,
age, physical or mental disability, or political
affiliation, nor shall they discriminate unlawfully
against any employee or applicant for employment
because of race, religion, color, nationality origin,
marital status, age, sex or political affiliation.
Sub-grantee shall insure that the evaluation and
treatment of employees and applicants for employment
are free of such discrimination.
2. Vendor shall include the nondiscrimination and
compliance provisions of this clause in all
subcontracts to perform work under the Sub-grant.
I. Vendor will administer its programs under the Workforce
Investment Act in full compliance with safeguards against
fraud, abuse and criminal activity as set forth in WIA
Regulations. Vendor's employees and participants shall be
alert to any instances of fraud, abuse, and criminal activity
committed by staff or program participants and report all such
instances to the administrative entity within 24 hours of
discovery in accordance with requirements and procedures
contained in WIA Regulations and JTPD Directive 84-19. Vendor
shall provide evidence of notification to employees and
participants of policies and reporting procedures concerning
fraud, abuse and criminal activity.
J. Vendor shall provide training in a classroom environmental
setting that does not depict religious artifacts, signs,
drawings, etc. where participant may be influenced or
distracted during the course of normal business operation
hours.
--------------------------------------------------------------------------------
EXHIBIT E
STATEMENT OF BUSINESS OWNERSHIP FOR VENDOR
--------------------------------------------------------------------------------
Business Name: I-Net Versity
Business Address: 00000 Xxxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxx, Xxxxxxxxxx 00000
Contact Person: Xxxxxx Xxxx No. of employees: 63
Telephones: (1) 310/921-1999 (2) 310/921-4138 FAX 310/000-0000
Type of Organization: _ Public (Govt.) _ Local Education Agency (LEA)
X Private for-profit _ Private not-for-profit
_ Other: _____________________
Structure: _ Public Agency If so: _ Local _ State _ Federal
X Corporation _ Sole Proprietorship _ Partnership
Federal Tax ID: 00-0000000 Project Name: REGIONAL TRAINING VENDOR DIRECTORY (RTVD)
State ID: 444-71951 Contract Amount: INDEFINITE QUANTITY
----------------------------------- ----------------------------------------------------
SIGNATURE DATE
---------------------------------------------------------------------------------------------------------
NAME and TITLE of AUTHORIZED REPRESENTATIVE
I-NET VERSITY
---------------------------------------------------------------------------------------------------------
ORGANIZATION
--------------------------------------------------------------------------------
EXHIBIT F
DEBARMENT AND SUSPENSION CERTIFICATION
--------------------------------------------------------------------------------
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of
Federal assistance funds is providing the certification as set out below.
2. The certification in this clause is a 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 to the Federal Government, the Department of Labor (DOL) may
pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide
immediate written notice to the person to which this proposal is submitted
if at any time the prospective recipient of Federal assistance funds learns
that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspending," "ineligible,"
"lower tier covered transaction," "participant," "person," "primary covered
transaction," "principal," "proposal," and "voluntarily excluded," as used
in this clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a
copy of those regulations.
5. 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 the DOL.
6. 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 Transaction," without modification, in all
lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not
debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may but is not required to
check the LIST OF PARTIES EXCLUDED FROM PROCUREMENT OR NON-PROCUREMENT
PROGRAMS.
8. 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.
9. Except for transactions authorized under paragraph 5 of these instructions,
if a participant in a covered transaction knowingly enters into a lower
tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction,
in
--------------------------------------------------------------------------------
EXHIBIT F (CONTINUED)
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
--------------------------------------------------------------------------------
addition to other remedies available to the Federal Government, the DOL may
pursue available remedies, including suspension and/or debarment.
--------------------------------------------------------------------------------
EXHIBIT F (CONTINUED)
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
--------------------------------------------------------------------------------
This certification is required by the regulations implementing Executive Order
12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants'
responsibilities. The regulations were published as Part VII of the May 26, 1988
FEDERAL REGISTER (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION)
(1) The prospective recipient of federal assistance funds certifies, by
submission of this proposal, 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.
/s/ Xxxxxx Xxxx April 20, 2000
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SIGNATURE DATE
Xxxxxx Xxxx, CEO/President
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NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
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EXHIBIT G
LOBBYING CERTIFICATION
(FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS)
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The undersigned certifies, to the best of his/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 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 sub-awards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose
accordingly.
4. 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.
/s/ Xxxxxx Xxxx April 20, 2000
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SIGNATURE DATE
Xxxxxx Xxxx, CEO/President
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NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
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ORGANIZATION
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EXHIBIT G
LOBBYING CERTIFICATION
(FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS)
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During the performance of this contract, the contractor/vendor agrees as
follows:
I. The contractor/vendor will not discriminate against any employee or
applicant for employment because of race, religious creed, color,
national origin, ancestry, physical handicap, medical condition,
marital status or sex. The contractor/vendor will take affirmative
action to assure that applicants are employed, and that employees are
treated during their employment, without regard to their race,
religious creed, color, national origin, ancestry, physical handicap,
medical condition, marital status or sex. Such affirmative action shall
be designed to insure against discrimination in the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation, and selection for training, including apprenticeships or
any other change or proposed change in employment conditions.
II. The contractor/vendor will cause the foregoing to be inserted in all
subcontracts for any work covered by this contract so that such
provisions will be binding upon each subcontractor, provided that the
foregoing provisions shall not apply to contracts or subcontracts for
standard commercial supplies or raw materials.
/s/ Xxxxxx Xxxx April 20, 2000
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AUTHORIZED SIGNATURE DATE
Xxxxxx Xxxx, CEO/President
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TITLE
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