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HomeMy WebLinkAboutMINUTES - 04202004 - D6 TO: BOARD OF SUPERVISORS --_s.. Contra FROM: Jahn Sweeten, County Administrator Bob I_anter, Executive Director fl`; :i Crista Workforce Development Board :, g Dw' DATE: April 20, 2004 .. .... ." SUBJECT: Approve and Authorize Issuance of Proposed RFP for One-Stop Services SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): RECEIVE additional information requested by the Board of Supervisors at their April 6, 2004 meeting; and APPROVE and AUTHORIZE the Executive Director, Workforce Development Board of Contra Costa County, or designee, to issue Request for Proposal (RFP#1077) for the operation of One-Stop Career Centers and direct services for adult and dislocated workers under the Workforce Investment Act of 1998, in an amount not to exceed $2,275,000 available for contract(s) resulting from the RFP, for the period October 1, 2004 through September 30, 2005. FISCAL IMPACT: No County Cost. $2,275,000 federal Workforce Investment Act (WIA) funding (100%). BACKGROUND/REASONtS) FOR RECOMMENDATION(S): On April 6, 2004 the Board of Supervisors considered the issuance of a Request for Proposal for the operation of One-Stop Career Centers and direct services for adult and dislocated workers. During the discussions on this item during the meeting, several additional pieces of information were requested by the Board of Supervisors and are included here as attachments. The information requested includes: a) Information addressing concerns raised in letters received by the Board of Supervisors; b) Policy for the prioritization of services; and c) A copy of the Request for Proposals under consideration. CONTINUED ON ATTACHMENT: —YES SEG TURF: m2 . -- -------------- -- --------- -----_ w.-.-------------------- - - -- - - --_----- - - - - ---- --_-------_ _ -- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ----------------------------------------------------------------------------------------------------------- -----------------_----------�----------------------------------------ACTION OF BOARD ON AERIL 2Q,-2 # APPROVE AS RECOMMENDED OTHER y SEE ADDENDLIM ATTACHM VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS(ABSENT NOW ) AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN, ABSENT: ABSTAIN: ATTESTEDAPRIL 20 2004 CONTACT: JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND CC: COUNTY ADMINISTRATOR In BYf..' '.' f`i. DEPUTY ADDENDUM D.6 April 20,2004 On this date, the Board of Supervisors considered receiving additional information requested by the Board of Supervisors at their April 6,2044 meeting; and approving and authorizing the Executive Director of the Workforce Development Board of Contra Costa County, or designee,to issue a Request for Proposals for the operation of One-Stop Career Centers and direct services for adult and dislocated workers under the Workforce Investment Act of 1998, in an amount not to exceed $2,275,000 available for contract(s) resulting from the RFP, for the period October 1, 2004 through September 30, 2005. The Board invited comments from the public, and the following persons spoke: Betsy Webb, 363 Civic Drive, (E.D.D.),Pleasant Hill; Benjamin Mosley, (Operator Controller); Wendy Therrizn, 40 Douglas Drive, (EHSD), Martinez; John Sakamoto, 3882 Quail Ridge, (Workforce Development Board), Lafayette. The Board discussed all relative issues and made the following recommendations: (1) RECEIVED additional information requested by the Board of Supervisors at their April 6, 2004 meeting; (2) APPROVED and AUTHORIZED the Executive Director of the Workforce Development Board of Contra Costa County, or designee, to issue a Request for Proposals for the operation of One-Stop Career Centers and direct services for adult and dislocated workers under the Workforce Investment Act of 1998, in an amount not to exceed $2,275,000 available for contract(s)resulting from the RFP, for the period October 1, 2004 through September 30, 2005; (3) DIRECTED the Workforce Development Board to make two modifications to the Request for Proposal (RFP#1077) (1)Under the "Priority of Service" policy, to ensure Operators and Providers have the ability to serve the hardest to serve, as their criteria and ; (2) Remove restriction where one can apply for all seven boxes instead of the original three. . 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M. �E t€ r Y :n .. .a gnu E rtE3 t .alta:O..�tE ."E 0�: �+e Co .. o.W ers.7 ' � tfik ut n ] . fe. . . .. O fit o. -# ., .. : E Rtfy ut a tri crista . W c��m€�n�. ry ce p . .-M .�allf���� ."�urrE�... .3 ��1 rrk [t l t, }i# D ) �to E r a ur,t r E lr ym t& u�€ € r r I p rt E-€t I . Attachment A INFORMATION REQUESTED ON APRIL 6,2004 BY BOARD OF SUPERVISORS REGARDING APPROVAL OF REQUEST FOR PROPOSAL FOR THE OPERATIONS OF ONE-STOP CAREER CENTERS AND DIRECT SERVICE DELIVERY The Workforce Investment Act In August of 1998, Congress passed the Workforce Investment Act, which is the most comprehensive federal job training program to date. The Workforce Investment Act was built on five key principles dedicated to building a workforce system that aligns itself with the local economy and is market driven: • Strong leadership role for business through business-led boards that work in partnership with the local elected officials to plan, oversee and change the workforce system at the state and local levels. = Provide universal access to the system, allowing any job-seeker or business to be served. ■ Strengthen accountability through performance measures and a system of continuous improvement. = Empower job-seekers through customer choice—particularly around training options. ■ Streamline services through One-Stop Career Centers that act as anchors for the workforce development system. Structure of the Workforce Board in Contra Costa County The Workforce Investment Act and accompanying federal regulations set forth local governance provisions including the roles and responsibilities of the chief elected officials and the workforce boards. In Contra Costa County, the Board of Supervisors has the role of the"chief elected official." The roles of the Board of Supervisors and the Workforce Development Board("WDB") are summarized below. The role of the Board of Supervisors includes the following: = Appoints persons to the WDB. = Approves the WDB's budget and oversees fiscal matters. Serves as the local grant recipient of funds and may designate a sub-recipient. The role of the WDB includes the following: = Select and recommend youth providers. = Identify eligible providers of training services. Attachment A ■ Approve disbursements of WDB funds. ■ Employ staff. ■ Accept and solicit donations. ■ Develop statewide/local employment statistics per Wagner Peyser. ■ Engage private sector participation in workforce development policy issues. The roles shared by the Board of Supervisors and the WDB include the following: ■ Development of the five-year local strategic plan and submission of the plan to the State. ■ Selection of one-stop operators and providers. ■ .Appointment of Youth Council. ■ Negotiation of performance levels with the State. ■ Oversight of the workforce system. As to"firewall"issues (regarding separation between various participating components in the workforce arena), a local board may not directly provide core or intensive services or be the one-stop operator unless the Governor and chief local elected official agree. Furthermore, the local board and its staff are prohibited from providing training unless the Governor grants a waiver. Finally, if an individual works for both the local board and the grant recipient or fiscal agent(as occurs in our County), the grant recipient is not precluded from delivering services so long as roles are clearly defined. Firewall protection is maintained in Contra Costa County. In our County,the Board of Supervisors is the grant recipient and has appointed the Employment and Duman Services Department("EHSD") as the fiscal agent for the funds. The WDB is an advisory body to the Board of Supervisors. Neither the State of California nor the Department of Labor have found any problems with the firewall maintained in our County. Desanatian of One-Stop Operator The Workforce Investment Act and accompanying federal regulations set forth the procedures that a local board and local elected officials may take in selecting one-stop operators. A local board and chief elected official must designate and certify one-stop operators in each local area. The one-stop operator may be chosen in one of three ways: 1) Through a competitive process; 2) Linder an agreement between the local board and a consortium of entities that includes at least three or more of the required one-stop partners; or 3) Through an agreement between the local board,the chief elected official, and the Governer to certify an entity as a one-stop operator under certain conditions. Attachment A In Contra Costa County, it has taken several years to decide to send one-step operations out to a competitive process. The following is a summary of the steps taken to reach this decision. o In 2000-01 (the year for implementation),we made the transition to the Workforce Investment Act. To compound our challenge,the Private Industry Council was consolidating into part of EHSD. A consortium of partners were granted the operation of the one-stop centers for a year. o In 2001-02,with the transition taking longer than expected, the consortium was granted a year extension. o In 2002-03,the WDB decided to develop a request for proposal("RFP"),with the aim of further strengthening the one-stop system. The consortium continued to operate the one-stop centers. The RFP is a choice the WDB can make with the support of the Board of Supervisors. The RFP process presents the opportunity to build upon the strengths of the one-stop centers and develop a world-class system for job-seekers and the business community. Executive Director Advisory Panel_and Leadershfl) Chane At the July 2003 WDB meeting,the WDB directed an Advisory Panel of the Executive Director to("Panel")develop and issue an RFP for operation of the one-stop centers. This allowed WDB members (primarily Executive Committee members)to give guidance in the process of issuing the RFP and the development of the vision integrated in the RFP. During the last seven months,the Panel has met often to discuss the RFP. Such meetings have included discussions about the RFPs design, challenges, risks,processes, and community input. The following areas were considered in developing the RFP: ■ Staff gathered best practice documents,primarily examples of RFPs from around the country and analyzed the models and presented them to the Panel. • Under contract, Actuate Consulting helped conduct community input sessions and draft the RFP. It is important to note that Actuate Consulting has as its principal consultant one of the leading thinkers in workforce development in the country. • Seven community input sessions were conducted. The sessions provided the Panel with feedback as to what the stakeholders in our community wanted, needed and currently received from a local workforce development system. A. total of 56 individuals attended the seven sessions. The work resulted in a report that includes an environmental scan of our County's workforce related environment, the methodology and findings for the focus groups; and effective practice research on systems related to the findings from the focus groups. Attachment A o Input sessions were conducted with the following stakeholders: • Job seekers. • Business customers. • Education and training providers. • Economic development partners. • Elected officials and their representatives. • One-stop partners • Community-based/faith based organizations • Staff and WDB members participated as panel members in the REP processes conducted by other local workforce areas. • A session was held to review potential challenges, risks and benefits of the RFP process to see if this process was still the most appropriate path to take. • Many hours were spent in the development, review, and redesign of the vision of an integrated workforce development system that is now embedded in the RFP. Public Aaency Members of the WDB The Workforce Investment Act and accompanying federal regulations set forth the criteria and composition of local workforce boards. Membership includes representatives from business in the local area, local educational entities,labor organizations, community-based organizations, economic development agencies, each of the one-stop partners, and individuals or representatives of entities selected by chief elected officials. As to conflicts of interest concerns,the Workforce Investment Act provides that a local board member cannot vote on any matter regarding the provision of services by the member(or by an entity the member represents). In addition, a member cannot vote on any matter that would give direct financial benefit to the member or a member of his or her immediate family. Moreover, a member cannot engage in any other activity determined by the Governor in the State plan to be a conflict of interest. Under state law,members, officers, and employees of public boards may not be financially interested in any contract made by them in their official capacity or by any board of which they are members. However,that prohibition does not apply to any contract or grant made by local workforce investment boards if the affected member recuses himself or herself from making,participating in making, or in any way trying to use his or her official position to influence a decision on the grant or grants. Priority-of Service Policy The Workforce Investment Act and accompanying federal regulations allow local workforce development boards to set a"priority of service"policy when funds are deemed limited in the local area. Attachment A In Contra Costa County, we have adopted the attached Local Priority of Service Policy. However, it has not been implemented in our County as none of the triggers necessary to deem that funds are limited are currently in place. In fact, funding for the Workforce Investment Act in Contra Costa County and throughout the Bay Area has been on the rise. We are forecasting a 20% across the board increase in all funding allocations for the upcoming 2004105-program year. In addition, our current demographics show that the majority of our current clients in the adult program are recipients of public assistance and other low-income programs. Staff has run the current"priority of service"policy against our current customer base and if and when the policy is implemented it will have minimum effect on our adult customer base,but will have significant impact on the demographics of our dislocated worker customers. In regards to the RFP, the current"priority of service"policy is not implemented. We will be using the current Workforce Investment Act eligibility enrollment guidelines for core, intensive and training services until our board deems that Workforce Investment Act funds are limited. Benefits and Outcomes of the RFP Process • Gives us the opportunity to expand our focus from a model that serves job-seekers individually to a system that links job-seekers to the labor market, and to the economic needs of our community strategically. • Allows the WDB to view innovative solutions,processes and best practices in response to our needs from organizations locally and nationally. • Gives us the opportunity to leverage resources in new and possibly more efficient models • Allows organizations to operate to their strengths in providing services to our community. • Encourages competition, which drives system excellence. At the end of this process, the WDB expects to have put in place the foundation of a workforce development system that is driven by local market demands, that is entrepreneurial, allows our community to grow and capitalize on our most important asset ....a skilled labor force, will assist the elected officials in developing and implementing sound policy around workforce and economic development issues, and becomes a model for workforce systems nationwide. The WDB looks forward to working in partnership with you in order to accomplish these important goals. 'VVI)B Special Meeting-on April 19, 2004 It appears that the WDB may have a special meeting on April 19, 2004 concerning the RFP. We will be prepared to report to the Board of Supervisors about such a meeting on April 20, 2004. 41 �02G0 G G T ATTACHMENT B 4y d Date: January 26, 2004 To: Workforce Development Board From: Executive Committee Subject: Priority of Service Policy for Workforce Investment Act Services This report presents the recommendation for adoption of a priority of service policy for Workforce Investment Act(WIA) client enrollment and individual training services. Background/Discussion The WIA requires that priority for services must be given to the hardest to serve population in times of limited resources. When WIA funds become limited, it is appropriate for local areas to change their service delivery design. The Budget & Systems Performance Committee discussed this issue at its March 2003 meeting and directed staff to develop a priority of service policy recommendation for adoption by the Workforce Development Board (WDB). On April 15, 2003, the Budget & Systems Performance Committee held a joint meeting with the Workforce Systems Committee and discussed the requested information. The primary focus of the Joint Committee discussion was to ensure that the structure of the priority of service policy allow: 1) the WDB to periodically review appropriate criteria(funding availability, rate of enrollment, unemployment rates, rate of expenditure, etc) to determine times of limited funding, 2)that the "limited funds"priority of service criteria could be implemented for different periods of time, and 3) the WDB reserves the right to modify both the priority of service policy and any associated budget allocations in order to accommodate the different and changing needs of the WIA program populations. For example, the WDB might decide to raise the training-related income requirements and allocate additional funds to target specific services for the WIA Dislocated Worker population, while making no changes to the WIA Adult population criteria. The results of this meeting were incorporated into a priority of service recommendation to the Executive Committee in April 2003. The Committee approved the policy contingent upon developing"triggers" that would determine when funds were limited and thus the priority of service policy would be implemented. The attached priority of service policy recommendation(Attachment 1) identifies priority for enrollment into WIA Adult and Dislocated Worker programs. It also establishes priority for eligibility for training services based on the ITA Income Limits. The first set of criteria are used when the WDB does not consider WIA funds limited; the second set are used when the WDB determines that WIA funds are limited. The report also outlines the economic triggers needing to be in place in order to implement priority of service. The effect of the "limited funds"priority of service criteria is discussed in the Impact on Customers section of this report. Recommendation Adopt the attached priority of service policy(Attachment 1) and economic triggers for the Contra Costa County Workforce Service Area. Issue to be resolved by this Recommendation Approval of this recommendation will allow the WDB to establish priority of service criteria for times of limited resources, as required by the WIA. A priority of service policy for WIA services supports prior WDB discussions on the use and development of alternative funding sources and partnerships to fund employment and training services in the Contra Costa workforce development system. Fiscal Immpact Implementation of the recommended priority of service policy will have no significant impact on the costs associated with WIA core and intensive services. Impact on Customers In order to determine the effect of the recommended priority of service policy on the current year's client base, staff applied the"limited funds"criteria to a random sampling of WIA clients for program year 2002-03. Assuming that the sampling is representative of the total WIA client population, the effect of the priority of service policy is: • WIA Adults: this population was minimally impacted by the priority of service policy. There was no significant impact on eligibility for enrollment. • WIA Dislocated Workers: only 17% (28 clients) of the current population meets the proposed 90-day unemployed and/or unlikely to return requirement. The recommended policy requires at least 30% meet this requirement. Of approximately 166 new Dislocated Workers enrolled during the current program, an additional 22 clients would need to meet the 90-day unemployed and/or unlikely to return requirement in order to satisfy this recommended policy criteria. • Individual Training Services: when income limits are applied to clients enrolled in training during the current year, approximately 12% (37 clients out of 311 total)become ineligible for WIA funded training services. As expected, WIA Dislocated Worker clients were more impacted than WIA Adults. 2 FSPR-13-2004 03:08 CCC WORKFORCE DEVELOPMENT 1 925 646 5517 P.09 ATTACHMENT 1 Workforce(Development Board of Contra Costa Priority of Service Policy for WIA Adult and Dislocated Worker program Services It is the policy of the Workforce Development Board of Contra Costa(WDB)that it will review Workforce Investment Act(WIA)Adult and Dislocated Worker.funding availability and other appropriate criteria on a periodic basis to determine if funding is limited. This review will occur at least annually. Criteria used during this review will include current and projected obligations for WIA services and other funds available locally. WDB staff will be responsible for notifying the WDB of funding limitations that may occur during the year.The WDB may identify additional criteria for determining priority of service at its discretion and reserves the right to modify this policy as it deems necessary. When the WDB determines that funds are not limited in the local area,the following priority of service criteria will apply to WIA services: Adults * Lrp to 70%of WIA Adult clients must meet the' minimum WIA Adult program eligibility . criteria, and * Up to 20%WIA Adult clients must meet low-income guidelines and/or receive public assistance,and * 'Up to 10%of WIA Adult clients must have additional barriers to employment,and * At least 50%of WIA Adult clients must be residents of the EAST13AY Works region. Dislocated Workers * 1001/o of WIA Dislocated Worker clients must meet the minimum WIA Dislocated Worker program eligibility criteria, and * At least 500/a of WIA Dislocated Worker clients must reside within the EASTBAY Works region. Individual Training Services * Access to WIA funded training services is based on WIA program eligibility * Clients access and training services are funded on a first come, first served basis When the WDB determines that funds are limited in the local are,the following priority of service criteria will apply to WIA services: Adults At least 601/o of WIA Adult clients must meet the low-income guidelines and/or receive, and P,PR-13--2004 03:08 CCC WORKFORCE DEVELOPMENT 1 925 646 5517 P.18 ATTACHMENT 1 • At least 20%of WIA Adult clients must have additional barriers to employment, and • lip to 201/16 of WIA Adult clients must the minimum WIA Adult program eligibility criteria, and • 104%of WIA Adult clients must reside within the EAST13AY Works region. Dislocated Workers • Up to 70%of WIA Dislocated Worker clients must meet the minimum WIA Dislocated Worker program eligibility criteria, and • At least 30%of WIA Dislocated Worker clients must be unemployed for more than 90 days at the time of enrollment and/or unlikely to return to previous occupation or industry, and • 100%of WIA Dislocated Worker clients must reside within.the EAS"TDA"Y Works region. Individual Training Services • Individuals in the WIA Adult or Dislocated Worker program must have an annual family income at or below the Individual Training Account(ITA)Income Limits in order to qualify for an ITA. • 100%of ITA recipients must reside within the EASTBAY Works region. ITA Income Limits (Low-Income Limits of HUD Median Family Income by Family Size) F1 Size l 2 3 4 6 7 Family's $40,600 $46,400 $52,200 $58,000 $62,650 $67,300 $71,900 $76,500 Annual:Income Definitions The following definitions will apply under this policy: • Low-income guidelines Pursuant to WIA Section 301(25),the term low-income individual means an individual who. (a) receives,or is a member of a family that receives,cash payments under a Federal, State, or local income-based public assistance program; (b) received an income,or is a member of a family that received a total family income,for the 6-month period prior to application for the program involved that,in relation to family size,dares not exceed the higher of the poverty level.or 70%of the lower living standard income level; "E .F ................ APR-15-2004 05:08 CCC WORKFORCE DEVELOPMENT 1 925 546 5517 P. 11 ATTACHMENT 1 (c) is a member of a household that receives (or has been determined within the 6-month period prior to application for the program involved to be eligible to receive)food stamps pursuant to the Food Stamp Act of 1977; (d) qualifies as a homeless individual as defined by the Stewart B. McKinney Homeless Assistance Act; (e) is a faster child on behalf of whom State or Iocal government payments are made,or in cases permitted by regulation is an individual with a disability whose own income.meets the requirements described in paragraph(a)or(b)above,but who is a member of a family whose income does not meet such requirements. a. • Public Assistance In addition to those public assistance programs outlined under the low-income guidelines, above,the following programs will be considered as public assistance for the purpose of eligibility under this policy: (a) recipients of SSRI,Medicaid,Medicare, and/or Medical • Additional Barriers to Employment Additional barriers to employment will include: (a) basic skills deficient; (b) school dropouts/no HS diploma; (c) offenders; (d) veterans; (e) older workers; (f) disabled; (g) limited English language skills; (h) migrant seasonal farmworker. In order for funds to be deemed limited.the Executive Committee or full Workforce Development Board must take action and vote accordingly. The following economic triggers will be used by staff to recommend Implementation of the Priority of Service Policy. The following triggers will allow for the implementation of the priority of service policy to occur at anytime throughout the program year. • An increase in the rate of WIA expenditures. This expenditure rate must be 20%more than budgeted as outline in VIT13B expenditure reports. • An increase in the demand for services. This is defined by a 25%increase in the amount of universal service customers(cumulative)over the same period in the previous year. • Mass Iayoffs/closures or a severe economic event or emergency The following triggers will allow for implementation of the priority of service policy to occur during a yearly program/fiscal review to take place during the 0 quarter of each fiscal year. • A .funding reduction in WIA formula funds. This reduction must be 10% or greater over the previous year. • An increase in the relative unemployment rate. This increpse must be equivalent,to 0.5% over the previous year. Centra r Cosh County Workforce Development Board of Contra Costa County REQUEST FOR PROPOSAL (RFP)#1077 The Workforce Development Board of Centra Costa County is pleased to announce the availability of funds for the One Stop System Operator and Direct Service Delivery. This RFP is a process by which the Contra Costa County Workforce Development Board solicits proposals of qualified bidders that may be selected to enter into a contract. Please read this entire packet carefully. Interested parties are invited to attend a MANDATORY Bidder's Conference Tuesday, April 27, 2004, 9:00 AM 2425 Bisso Lane, Suite 100 Concord, CA Attendance at this mandatory*Bidder's Conference is a preliminary requirement for submitting a proposal. The Bidder's Conference will afford the opportunity to ask questions about the RFP and to receive technical assistance. Please call Workforce Development Board at (925) 646-5086 with any questions regarding the release of this RFP. Thank you in advance for your effort in preparing your response. *Accommodation (see page 5) for mandatory attendance will be made for out-of-state bidders only (those without offices or staff providing services in the State of California). All other proposal requirements remain in full force. I WORKFORCE DEVELOPMENT BOARD OF CONTRA COSTA COUNTY One Stop System Operator and Direct Service Provider(s) Request for Proposals Table of Contents Table of Contents Open Bid Solicitation Advertisement 1. Request for Proposal Introduction A. Solicitation B. Submittal of the Proposal C. Timeline D. Bidders' Conference II. Background Information A. Workforce Investment Act of 1998 (WIA) B. Organizational Overview C. Roles and Responsibilities of Workforce Development Board (WDB) of Contra Costa County and Staff D. Roles and Responsibilities and Scope of Work of One Stop System Operator E. Roles and Responsibilities and Scope of Work of Adult Service Provider and/or Dislocated Worker Service Provider F. Estimated Funding Distribution Chart G. Performance Measures Chart H. Marketing and Communications Requirements 1. Reporting Requirements III. Proposal Requirements A. General Requirements B. Page Limits C. Formatting Requirements IV. Proposal Format A. Cover Page B. Executive Summary C. Table of Contents D. Organization's History E. Management and Operations F. Work Plan Products and Services G. Communications Plan H. Reporting Plan I. Financial Plan 1. Budget Information II 2. Matching Funds 3. Resource Sharing Agreements 4. Administration vs. Program Costs Ration V. Proposal Evaluation Process A. Evaluation Criteria B. Selection Process C. Appeal Process D. Negotiation/Contract Process VI. Attachments A. County General Conditions and AVIA Special Conditions B. Definition of Terms C. Reference Materials D. Fiscal Evaluation Form E. Required Forms 1. Cover Page 2. Budget Pages III LEGAL CLASSIFIED NOTICE REQUEST FOR PROPOSALS (RFP) #1077 The Workforce Development Board of Contra Costa (WDBCCC) announces the issuance of Request for Proposals (RFP)#1077, for One Stop System Operator and Direct Service Delivery for adults and dislocated workers in Central, East and West County One Stop Centers. Total funding available $2,275,000. Attendance at a Mandatory Bidder's Conference scheduled for April 27, 2004, 9:00 a.m. at 2425 Bisso Lane, Suite 100, Concord, CA is required for a proposal to be considered. Complete proposals are due June 11,2004, by 5:00 PM, without exception. For additional information and requirements visit www.ehsd.or_ /rt or www.wdbcc". For questions regarding the release of RFP#1077, call 925-646-5086. III Workforce Development Board of Contra Costa County One Stop System Operator and Direct Service Provider(s) Request for Proposals I. Request for Proposal Introduction The Workforce Development Board of Contra Costa County (WDBCCC), as the policy and oversight body created under the Workforce Investment Act(for further explanation of this law, see Attachment B), is issuing this Request for Proposal (RFP)to solicit: • A single entity, the One-Stop System Operator(OSSO) to manage and coordinate activities within and between the four one-stop centers of this workforce area (excluding the City of Richmond) and to fulfill the responsibilities solicited in this RFP. A single award will be made for this entity. • Direct service provider(s) to provide WIA-funded Adult Services in one or more of the One-Stop Centers within this workforce area. Direct service provider(s) to provide WIA-funded Dislocated Worker services in one or more of the One-Stop Centers within this workforce area. LIMIT: Applicant may submit proposal(s) for only three (3) of the boxes listed below: (e.g. One Stop System Operator,Dislocated Worker in the East/Far East County and Adult in the West County). A separate proposal must be submitted for each box checked. F� One Stop Systems Operator t East/Farr East County Central County Direct West County Direct Direct Services Services Services Adult Adult Adult Dislocated Worker Dislocated Worker Dislocated Worker Requirements: • Read this RFP carefully • Attend the mandatory bidder's conference to ask questions and seek technical assistance on points or concepts that are unclear. • Provide all information requested. Incomplete proposals will not be reviewed and evaluated. • Submit complete proposal packets by Friday, June 11, 2004, 5:00 PM This RFP provides potential respondents with vital background information, and describes the desired services, guidelines for the proposal and the contractor selection process. Page I of 68 A consortium,joint venture, or team of organizations with complimentary skills and experience is permitted to respond to this RFP provided that all contractual responsibility rests solely with one legal entity and that the proposed arrangement would enable the respondent to efficiently manage and operate the awarded contract(s). Binders are expected to rely on public law in the preparation and execution of program services solicited under this RFP. Acceptable proposals must meet the specifications contained in this RFP, the requirements of the federal Workforce Investment Act(WIA), the WDBCCC's Five-Year Strategic Plan, California Framework for Workforce Preparation (State Strategic Plan), and all applicable policies and regulations. Bidders will have experience specific to employment programs and demonstrated ability to perform set-vices they are applying to provide. Reference copies of the I'VDBCCC program plans are available on the Internet at-vvyw.wdbcc". A. Solicitation The WDBCCC solicits proposals using a competitive bid process for three areas in Contra Costa County: the East(contains two full service centers in Pittsburg and Brentwood),the Nest(contains one full service center in San Pablo) and Central (contains one full service center in Concord). Services are being requested for the local Workforce Investment Area(lwia), which is comprised of all of Contra Costa County excluding the City of Richmond. Responses may be for provision of services in only one center or in multiple centers up to four centers serving this workforce area. Application must indicate preferences on the cover sheet of the application packet. The RFP does not commit WDBCCC to accept any proposal submitted,nor is the WDBCCC responsible for any costs incurred in the preparation of proposals. The WDBCCC reserves the right to reject any or all proposals, to accept or reject any or all items in a proposal and to negotiate any contract resulting from these proposals. B. Submittal of the Proposal Complete proposals must be received by Friday,June 11, 2004, at 5:00 P.M. Pacific Standard Time (PST). Proposals will NOT be accepted after this time. Submit one proposal with original signatures and 10 copies to: Employment and Human Services Department Contracts and Grants Unit 40 Douglas Drive Martinez, CA 94553 If hand delivered, the staff will provide a receipt verifying the time and date the proposal was received. If the respondent sends the proposal via any other delivery method, the respondent is responsible for requesting proof of delivery date and time. WDBCCC is not responsible for late arrival of proposals delivered by any method. 14'C?TE: Postmarks are not acceptable nor are faxed or e-mailed submissions. Page 2 of 68 A proposal response may be withdrawn in person by a bidder's authorized representative prior to June 11, 2004, 5:00 PM, if the bidder provides appropriate identification and signs a receipt attesting to his/her receipt of the response. The WDBCCC may issue an RFP amendment to make changes or corrections to specifications or provide additional data. Amendments will be sent to each bidder who attended the Bidder's Conference and those out-of-state bidders who provided a Letter of Intent. The WBDCCC may extend the RFP submission date, if necessary to allow bidders adequate time to consider such additional information and submit additional required data. The RFP process may be canceled in writing by the WDBCCC prior to awards if the County Board of Supervisors determines that cancellation is in the best interest of the County. Page 3 of 68 _. _. TENATIVE TIMELINE FOR RFP #1077 Due Date Activi A ri1 10, 11, 12, 2004 Publication of RFP #1077 A ril 27, 2004 Mandato Bidder's Conference June 11, 2004 Proposals Due i June 15, 2004 - Fiscal Rating/Evaluation Panels, both Fiscal and Program June 22, 2004 - Receive Proposals Program -July 14, 2004 Proposals Returned from Rating/Evaluation Panels July 26, 2004 Recommendation to Workforce Development Board. July 27, 2004 Notification of Contract Recommendations to RFP Respondents. Appeal Period Initiated. Written Appeal Letters Due August 9, 2004. August 2004 Contract Recommendations to Board of Supervisors ._Ay_gust 2004 Board of Supervisors Agenda/ Authority to Contract September 2004 Contracts Issued October 1, 2004 Contract Period through September 30, 2005 C. Mandatory Bidder's Conference* No more than three attendees should be present representing any one potential bidder. The mandatory bidder's conference will be held: Tuesday, April 27, 2004 9:00 AM 2425 Bisso Lane, Suite 100 Concord, CA Page 4 of 68 _. . __. `Accommodation for mandatory attendance will be made for out-of-state bidders (those without offices or staff providing services in the State of California). All other proposal requirements remain in full force. If the agency qualifies as an out-of-state bidder, to meet the qualification of the bidder's conference attendance, you must send a Letter of Interest (LOI), postmarked by April 27, 2404 as notification of your intent to respond to RFP #1077 to Workforce Development Board, Attn: RFP #1077, Robert Lanter, Executive Director, 2425 Bisso Lane, Suite 100, Concord, CA 94520-4891. Accommodation in the form of questions and answers from the Bidder's Conference will be mailed to the address provided in the LOI. Background Information D. Workforce Investment Act of 1998 (WIA) On August 7, 1998, President Clinton signed into law the Workforce Investment Act of 1998 to be effective July 1, 2000. The WIA reformed federal job training programs and created a new, comprehensive workforce system. The One Stop Career Centers are the designated delivery mechanism, providing easy access to a full array of employment and training services in a community. The WIA is currently going through reauthorization. The terms and conditions of this RFP may change based on new legislation. Technical assistance on the reauthorization will be available from WDBCCC staff, and respondents are expected to remain informed on the WIA reauthorization, as well as with its regulations. E. Organizational Overview The Workforce Development Board of Contra Costa County is comprised of members representing business, education, labor, social services, local government, community- based organizations, and state agencies, in accordance with the federal Workforce Investment Act of 1998 (WIA). Under federal law, the Board is tasked with policy planning, oversight of the workforce system, specifically the one-stop career centers within its local workforce investment area. The vision of the Board is "to work toward the ultimate goal of individual economic self-sufficiency, thereby strengthening families, the local economy, and the community at large". There are funds allocated to the county to provide services to adult, dislocated workers and youth. In order to address the needs of both job seekers and employers, the Workforce Board of Contra Costa works jointly with the Boards of the Cities of Oakland and Richmond and the Workforce Investment Board of Alameda County through a regional delivery system, EASTBAY Works. Coordination and interface occurs at all levels. Examples of this are: Board members meet to discuss common issues, Board staff jointly develop grants, front line staff meet to share training and/or best practices. As with all EASTBAY Works partners, all classroom training, on the job training (OJT) and customized funding is administered through the Oakland Private Industry Council Page 5 of 68 (APIC)by the Board. Funds for these purposes are not included in the fund allocation under this RFP. Through this RFP, the WDBCCC plans to secure contracted services that will ensure that the Workforce Investment System operates in a fully coordinated and integrated manner. The contractors will use a customer service strategy that is market-driven and offers accessible and convenient consumer choice. The One-Stop System Operator, working with the WDBCCC,must use a performance management system that incorporates principles of continuous improvement as exemplified by the Baldrige Principles (See Glossary of Terms). F. Roles and Responsibilities of WDBCCC and Staff The Workforce Development Board of Contra Costa County, appointed by and liaison to the Contra Costa County Board of Supervisors, provides leadership to mobilize and focus community efforts to address local and regional workforce needs. Specific work of the Board includes: • Development and implementation of the Five-Year Strategic Plan; • Development of local and regional partnerships; • Development of high level memorandums of understanding and/or resource sharing agreements; • Policy development; • Allocation of funds; • Staff training and development; • JTA and other automated management systems maintenance; • Provision of marketing guidelines and logo; • Single point of contact with all funding sources; • Management of four(4) one-stop career centers leases; • Oversight of the workforce system presently comprised of the 4 sites and additional contracted services; • General oversight of the broader local and regional system supported through efforts of other partnership agencies; • Lead negotiator for customized training; • Lead negotiator and manager of all contracts, including monitoring client data and for contract compliance with all appropriate laws and regulations; • Organization and facilitation of contractor meetings; • Technical assistance to all contractors; • New grant development; • Sector analysis and planning; • Provision of labor market information; • Business services to include partnership development with business, resource leveraging, development of incumbent worker training strategies; • Linkage to local and regional economic development Page 6 of 68 The rales and responsibilities may be refined and changed as new federal law and regulations are enacted by Congress, or new regulations and procedures are developed or changed by funding sources, or local direction and procedures are adopted by WDBCCC. Page 7 of 68 G. Roles and Responsibilities and Scope of Work of One Stop System Operator 1. Overview The One-Stop System Operator(OSSO)will be responsible for the day-to-day functioning of the centers as well as for the delivery of universal services and employer services. The OSSO will ensure universal access to core services and will develop a referral/tracking system for supportive services .The OSSO will be responsible for providing employer services. The One-Stop System Operator will also ensure proper integration of all services to be delivered with any additional funding. Please refer to the Focus Group Study, prepared in 2003 by Actuate Consulting for a more detailed explanation of customer requirements and effective practices. www.wdbccc.or-P 2. General Responsibilities • Contract with the WDBCCC and comply with all terms and conditions of that agreement for the delivery of services; • Work under the direction of, and in cooperation with WDBCCC staff; • Meet regularly with WDBCCC staff to ensure that expectations are communicated, issues are resolved, and that program implementation and effective coordination are occurring; • Support the WDBCCC in all policy-making decisions for WIA-funded activities in Contra Costa County; • Work with the WDBCCC staff to develop contracts with the direct service provider(s); • Implement MOUS and resource sharing agreements development by WDBCCC staff in accordance with Workforce Investment Act; • Serve as primary liaison between the WDBCCC staff and all contractors and partner staff on all matters affecting the operation of the One-Stop centers to ensure seamless coordination with the Board; • Provide fiscal, operational, and performance reports as required by the WDBCCC; and • Implement a continuous improvement process. Page 8 of 68 3. Additional Responsibilities a) Coordination of Partner Services The One Stop Systems Operator must establish and maintain a cooperative relationship with the region's workforce development entities, including community and faith-based agencies serving the communities surrounding each one-stop location. Additionally, the One Stop Systems Operator will: • Convene regular meetings,prepare agendas and record meetings of the provider agencies. The central purpose of these meetings will be to support effective operation of the one-stop centers and the larger one-stop system and to encourage best practices. • Create a communications system among the service providers within each one-stop location that, at a minimum, will include routine coordination of meetings and distribution of key contact lists; • Implement procedures for center operations and for timely dissemination and training on WDBCCC policy and State/Federal policy. Develop a detailed policy and procedures manual for these operations; • Participate in EASTBAY Works' teams and ensure implementation of outcomes developed by these teams. • Ensure coordination among non-mandatory entities within the one- stop system and the WIA Direct Service contractor(s). • Ensure WIA performance is met and services are delivered with minimal duplication. • Organize all staff providing universal and employer services by function so as to minimize duplication in delivery of all direct program services. • Coordinate and collaborate with other funded providers of workforce services, WIA one-stop mandated funded agency partners, and other WDBCCC-contracted providers including WIA youth providers. A youth case manager will be located at each center to provide out-of- school youth services. b) Direct Service Oversight and Administration • Be responsible and accountable for all WIA performance measures and for any locally developed system measures of the WDB. In conjunction with the WDB staff, ensure that WIA direct services Page 9 of 68 __ ...................... _ contractors meet or exceed negotiated State and local performance measures. • Prepare reports as required under the Act, and additional reports that are requested by the WDBCCC as it relates to the One Stop Systems Operations. • Coordinate with WDB staff to provide technical assistance and best practice information as needed. • Prepare performance and financial reports for the WDB as they relate to the One Stop Systems Operations and ensure distribution among subcontractors. • Review and ensure accuracy of all Management Information System (MIS)documentation related to the State reporting system. c) Facilities Management • The OSSO will oversee the general condition/appearance of the physical one-stop center sites, and recommend action that is required to maintain a professional appearance and atmosphere by notifying the WDB staff of any issues. • Coordinate and schedule facilities usage to include classrooms, learning events, training, and conference rooms as needed. • Ensure that all sites are open for business Monday-Friday 8 a.m. through 5 p.m. At a minimum, each one stop must be open expanded hours at least one day per week to accommodate evening usage. The One-Stop Systems Operator must ensure that arrangements are made to keep service delivery available throughout the holiday seasons with limited closings for major holidays. • Technology to support the operator staff and support services staff is the responsibility of the respondent. Note: Facilities costs are not to be included in the budget submission. Information on facility layout and dimension will be available at the Bidder's Conference and on the website at www.wdbece.org d) Universal Services Provider The One-Stop Systems Operator manages the one-stop centers and coordinates accessibility to all services offered by the centers. The Operator is responsible for coordinating staff resources located within the one-stop centers. The One-Stop Systems Operator will: • Provide site managers for each of the one-stop centers; • Provide universal service to anyone coming into the one-stops for services and ensure such provision through direct staffing or arrangements with other provider organizations; Page 10 of 68 • Establish operations support either by direct staffing or arrangements with partners that include resource room staffing at each site to support internal and external customers, including computer assistance for access to key information and services, information on how to conduct self-assessment,print resumes, and contact potential employers; • Provide greeters/reception services by direct staffing or arrangements with partnering organizations; • Provide support for staff within the one-stop centers, including staff who are assigned to the one-stop centers by other provider organizations; • Coordinate outreach and recruitment efforts for the one-stop system, and central dissemination of information to customers of the system. All external advertising,materials, and publications must be approved by the WDB staff as per the WDBCCC Style Guide; www.wdbccc.org • Ensure the one-stop system addresses and serves the diverse cultural and language needs of customers; • Under direction of the WDB staff, ensure that services provided are readily accessible to individuals, including those with disabilities; • Ensure that centers are fully staffed with qualified individuals who represent the diverse community they serve. It is expected that front line staff will have achieved certification as a Career Development Facilitator(CDF)within twelve(12)months of their date of hire or the effective date of the contract, whichever comes later. In collaboration with other partners, ensure a plan for ongoing staff development. • It is encouraged, when feasible and appropriate, that the current One Stop operator staff be maintained for the effective delivery of support services. • Administer customer surveys as developed by EASTBAY Works, the State, and/or the Board and develop a plan as specified by the WDBCCC to address continuous improvement. Services related to or provided directly to the universal population include the following: Outreach. Intake. Orientation: Standard marketing tools such as brochures, speakers, ads, flyers should be utilized to attract the community to services provided in the one-stop centers. Targeted outreach will be developed and coordinated to attract populations for WIA programs and other programs funded by the additional programs mandated under WIA. This outreach will be done in coordination with the direct service providers and/or agencies responsible for these programs. Orientations shall provide information on the full array of services available through the One-Stop system, including those Page I1 of 68 __ provided by other agencies and organizations. Information should also be provided on how to access other workforce services within the community. Information regarding supportive services including childcare and transportation will be accessible as well. The OSSO will establish a process for accurately tracking and reporting referrals. Initial Assessment: This activity is used to help the customer determine their skill level, interests, aptitudes, and abilities as they begin to define/redefine career goals. Any needed supportive services are also identified. Initial Determination: OSSO will determine through assessment(above) whether individuals are eligible to receive assistance under WIA adult or WIA dislocated worker programs. Actual enrollment will be performed by the direct services subcontractor(s). Information and Referral: Information in the Resource Room will be made available, including Internet sites,job opportunity postings, training and education options. Additional information and assistance will be available through an array of workshops. Should a customer appear to require more intensive services, referral will be made to one of the targeted direct service provider contractors as appropriate and/or partnering agency or organization. Documentation through case notes shall be maintained on all such referrals. Information will include provision of employment statistics, information including the provision of accurate information relating to local, regional, and national labor market areas including vacancy listings,job skills required. Information will also include availability of supportive services including childcare and transportation, available in the local area and referral to such services as appropriate. Information regarding filing of claims for unemployment compensation will be available. Assistance will be given with establishment of eligibility for welfare to work activities as defined in WIA, and with programs of financial aid assistance for training and education programs that are not funded under WIA and are available in the local area. Provision of Performance Information and Prop-ram Cost Information: Provide information on eligible providers of training services as per the WIA; provide information on how the local area is performing on local performance measures and any additional performance information with respect to the one-stop delivery system in the local area. Provisions of Job Search and Placement assistance: Provide information and assistance in how to search for a job, resume development and Page 12 of 68 interviewing as well as assistance including career counseling where appropriate. Provision of Job Seeker Learning Events: The OSSC? shall promote and make available such learning events (examples of topics follow) to the universal population. • HOT Jobs (jobs in demand in the area) • How to locate job openings • Tools for an effective job search • Eastbayworks.com services • How to market yourself to employers • Keys to keeping your job • What do employers want? • Budgeting 101 • Effective communication • Developing a career path • Time & stress management • Conflict Resolution • Balancing school &work • What job suits my skills? • How to be a team player + Resume writing • Tips for completing applications • Discovering your skills and strengths Incorporate lectures and presentations from local businesses and community organizations in the events. Provide learning events at least once a week in the one-stop center, including offering them at a variety of times (i.e., evenings) to accommodate the customers' work schedules. Ensure that anyone entering a one-stop center seeking employment and or education/training services completes the locally adopted swipe card application on first visit to a One-Stop Center in the region. Case trackinw. All customers complete an application for a Smartcard. This application essentially opens a "Case" electronically in the Smartware case management system. Those customers who are never deemed appropriate for enrollment in WIA services will self-identify activities they engage in while at the center each time they visit. For these customers, there is no additional case tracking. For those customers who are identified as potential WIA eligible, the OSSO will ensure that their file is assigned to a case manager by coordinating with the direct services operator and ensuring that identified customers attend a WIA- specific workshop. Electronic case files for those individuals deemed appropriate for WIA registration will then be assigned to security access level of the Smartware case management system, accessible only by the case manager staff. Page 13 of 68 _.. Co-enrollment: The selected OSSO will work in collaboration with the Workforce Development Board staff to develop and ensure appropriate co- enrollment policies between WIA funded programs and other funded programs, WIA funded programs and additional WIA funded or other grant-funded programs, and between WIA adult programs and WIA youth programs. e) Employer Services Employers are a primary customer of the workforce system. To ensure this, the One Stop Systems Operator will maintain an Employer Services Unit that will. • Employ skilled employer representatives who will ensure ability to meet employer service goals, monitor results, and continuously improve services. • Based on identified need, a broad menu of services must be made available to employers to address not only the employers' current labor needs but also to anticipate and prepare for future needs. Examples of these services include the following general areas and types of tasks; Labor Exchange Functions: • Engage employers in the activities of the centers through recruitment efforts, on-site interviewing, workshop presentations, mock interviews, prescreening and other specific assessment, and other activities that benefit the clients or meet the identified needs of the employer. • Identify services needed and services not currently being provided to the employer community, especially small employers, and provide recommendations to Board Staff on how the WDBCCC can effectively meet these needs. • Coordinate with the Direct Service Contractor(s) and other agencies involved in labor exchange/job referral within the one-stop center(s)to identify job openings with area employers, obtain the necessary job information (job title, minimum qualifications, pay, etc.), develop jobs, and post job orders for potential referrals of job seekers. • Provide ongoing feedback to the employer customers on the status of their open job order(s), including number of referrals made. Page 14 of 68 _.. _ _ • Manage and staff job development to ensure customers of the centers are referred to job openings. • Provide intensive job placement assistance to each WIA customer that advances to Intensive and Training services. • Coordinate with local education organization's placement staff if the customer is enrolled in training at that institution. • Work with the customer to provide job leads, specific job development,job matching to jobs listed in various job banks, etc. Partnership Building • Coordinate with Direct Service contractor(s) and other partner organizations, the screening of prospective job candidates to ensure they have the requisite skills and qualifications before referring them to employers. Place individuals who meet the minimum qualifications into the job openings in coordination with other one-stop staff. • Collaborate with the Direct Service Contractor in developing customized training agreements with employers or industry groups of employers who will hire job seekers coming through the one-stop centers. This training may be delivered by a local education institution or by the employer. • Coordinate with other agencies providing job placement assistance, such as the training vendors, private job placement firms, etc., to reduce or eliminate multiple calls made to employers. • Coordinate with the Direct Service Contractor to ensure development of On-the-Job Training(OJT) agreements for WIA participants with area employers. An OJT program will pay the employer for the cost of training an individual referred from one-stop center and hired by the employer. This training would be conducted while the employee is actively engaged in work. • Assist employers to expand their access to potential labor pools consisting of youth, older workers, welfare recipients, individuals with disabilities, etc. Page 15 of 68 Analysis of employer need/provision of labra market information # Confidentially track employer information for trend analysis on services provided. Provide MIS management that ensures all data is entered in a timely and accurate manner. Utilize the locally adopted technology tool for tracking this data. Ensure the tracking of job openings, referrals, and placements. Continuous Improvement Processes • Follow up with employers after providing services to assess their satisfaction and need for further assistance. Lav-offs and aversion of lav-off related activities: • Provide outplacement assistance for dislocated workers coming from downsizing and business closures. • Maintain existing website to track layoffs and aversion activities. Marketing, public relations and community awareness: • Outreach to employers to increase knowledge of the availability of the services and incentives available them for recruitment, training, and retention of employees. • Assist employers to access the services and incentives available to them. Market services and incentives to employers through articles in newspapers and magazines, making presentations at meetings, meaningful dialogue with the employer community, etc. • Expand partnerships with general-purpose business organizations, such as chambers of commerce to include workforce development services in their program strategies. • Host job fairs, including job fairs targeting non- traditional jobs and job placements. • Host employer roundtable discussions and/or training sessions for local businesses at the direction of the Board and in coordination with WDBCCC staff and staff of the Small Business Development Center( SBCD). Ongoing Determination of Employers' Needs: • In coordination with WDBCCC staff, assist in the continual analysis of existing labor market conditions in the region, identifying"skills gaps"between the employers' needs and the skills of the job seekers, Page 16 of 68 _ developing ways to close those gaps and identifying best practices that coordinate curriculum improvements with changing employer needs. Document the need for training to impact these skills gaps. • Analyze the workforce development needs of new and/or expanding businesses in coordination with WDBCCC staff and in collaboration with the Small Business Development Center. Formulate potential solutions to bring to the Board through its staff that may enhance services to employers through the One-Stop Centers. • Ensure that the WDB staff is kept apprised of any identified issues that must be addressed to more effectively serve the employer community, and provide recommendations for addressing these issues. Page 17 of 68 _. H. Roles and Responsibilities and Scope of Work of Adult Service Provider and/or Dislocated Worker Service Provider This section is specific to those entities submitting proposals to provide direct client services for WIA Adult or WIA Dislocated Workers or both. Applicants applying for Adult and Dislocated worker services must submit a separate application for each service (Adult funds, Dislocated worker funds) and for each location they have checked on the Cover Page of the application. 1. Overview The goal of the WIA is to increase employment,retention, and earnings of participants, moving them toward self-sufficiency as defined by the WDB. Accomplishment of these goals will improve the quality of the workforce to sustain economic growth, enhance productivity and competitiveness, and reduce welfare dependency. The WIA authorizes "core" services (which will be available to all adults with no eligibility requirements), and"intensive" services for unemployed individuals who are not able to find jobs through core services alone. In some cases, intensive services will also be available to employed workers who need more help to find or keep a job. Eligibility requirements for Adults and Dislocated workers differ. While the services for adults and dislocated workers May be the same, there is a separate funding stream for dislocated workers. Core services for which registration is not required will include job search and placement assistance(including career counseling); labor market information (which identifies job vacancies; skills needed for in-demand jobs; and local, regional, and national employment trends); initial assessment of skills and needs; information about available services; and some fallow-up services to help customers keep their jobs once they are placed. Core services will be provided at the One Stop Centers by the OSSO, selected through this RFP. Intensive services provided by direct services providers will include more comprehensive assessments, development of individual employment plans, group and individual counseling, case management, and short-term pre- vocational services. In cases where qualified customers receive intensive services and are still not able to find jobs, they may receive training services that are directly linked to job opportunities in their local area. These services (provided through the funds administered by East Bay Works)may include occupational skills training, on- Page 18 of 68 the job training, entrepreneurial training, skill upgrading, adult education, and literacy activities in conjunction with other training. Please refer to the Focus Group Study,prepared in 2003 by Actuate Consulting for a more detailed explanation of customer requirements and effective practices. www.wdbecc.ora 2. Program Services a) Determine Participant Eligibility (1) Adults Such individual shall be considered eligible-to participate if he/she is: any individual age 18 and older who is either unemployed or underemployed. All underemployed Adults must meet Contra Costa County's Self-Sufficiently Guidelines as defined. In cases where the WDBCCC deems that funds are limited, a priority for service may be applied as outlined in the policy located at www. wdbccc.org. (2) Dislocated Workers Such individual shall be considered eligible to participate if he/she is age 18 and older, and was dislocated from employment and: (i) Has been terminated or laid off, or has received a notice of termination or layoff from employment, and is eligible for or has exhausted entitlement to unemployment compensation, and is unlikely to return to a previous industry or occupation; (ii) Has been terminated or laid off, or has received notice of termination or lay off from employment as a result of any permanent closure of, or significant layoff at a plant, facility, or enterprise; or is employed at a facility at which the employer has made a general announcement that such facility will close in 180 days; or (iii) Was self-employed and due to general economic conditions or natural disasters; or (iv) Is a displaced homemaker. Page 19 of 68 __ _ __.. In cases where the WDBCCC deems that funds are limited, a priority for service may be applied as outlined in the priority for service policy. b) Intake and Enrollment Activities • Under the direction of the One Stop Systems Operator(OSSO), the Adult and/or Dislocated Worker Direct Service Providers shall provide enrollment services. • If it has been determined that an applicant is WIA eligible and would benefit from Staff-Assisted or Intensive services, then the applicant should be enrolled into the WIA system. At this point the applicant becomes a"participant" and an electronic and paper case file is required. See case record maintenance for further information. c) Intensive Services Intensive Services are intended to identify barriers to employment in order to determine specific services needed. This list of Intensive Services is not all inclusive and other services such as literacy training, out-of-area job search assistance, and relocation assistance may be provided based on needs of the individual job seeker: • Providing comprehensive and specialized assessments of the skill levels and needs of adults and dislocated workers. This may include diagnostic testing and in-depth interviewing and evaluation. • Developing individual employment plans that include an employment goal, objectives, and mix and sequence of services. • Offering group counseling. • Counseling individuals and assisting each with career planning. • Managing the cases of individuals seeking training services. • Providing short-term prevocational services, including,but not limited to, development of learning skills, communication skills, interviewing skills, and professional conduct to prepare individuals for a job or training. • Providing follow-up services for 12 months to those registered in WIA and placed into unsubsidized employment. Page 20 of 68 d) Training Services Training Services are defined as services designed to provide individuals with skills to enter the workplace and retain employment. Training services may include: • Occupational skills training, including training in non-traditional jobs. • On-the-Job training. • Programs that combine workplace training with related instruction. • Training programs operated by the private sector. • Skills upgrading and retraining • Entrepreneurial training. • Job readiness training. • Adult education and literacy activities in combination with services described above. • Customized training. e) Supportive Services • Provide accurate information relating to the availability of supportive services, including childcare and transportation, available in the local area, and referral to such services as appropriate. f) Outreach and Recruitment • Adequately informing individuals and groups of the W1A services available in the one-stop center. • Coordinating any marketing efforts with the One Stop Systems Operator, and conducting such effort within communities where potentially eligible customers reside. g) Orientation • Program specific orientations at each One-Stop Center. The orientation will include a complete overview of the processes and procedures customers can expect as they are provided services, and addresses program specific requirements, as appropriate. • Document program specific orientations in the individuals' files utilizing regionally adopted case management technology. • Orientations will be provided no less frequently than 2 times per week per one-stop site. Page 21 of 68 _. h) WIA Registration The WIA Direct Services Contractor shall be responsible for: • Registering and determining the priority of service of individuals who are referred from other agencies or Contractors, prior to providing intensive and training Services with WIA funds. • Certifying and documenting the WIA eligibility and priority of service of the individuals to be served, in accordance with the standards established by the federal, state, and local laws, regulations, and policies. • Completing the required WIA application, obtaining the necessary documentation, identifying barriers to employment, etc. (Respondents should take into consideration that certifying WIA eligibility and priority of service is a very technical task, which requires experienced, trained staff to complete. In addition, eligibility for WIA carries with it liability for dollars spent in serving individuals who are not eligible). i) Case Record Maintenance And Documentation • The Direct Services Provider shall be responsible for maintaining a case file for every customer that has received assisted core services. The Direct Services Contractor will be expected to fully utilize the regionally adopted Smartware case management system. Electronic case files must be augmented by hard copy file as appropriate. At a minimum, the case file shall include information on and documentation of all required WIA forms. These files are the property of the WDBCCC and must be turned over to WDBCCC upon request or at the end of the contract. • Under the supervision of the OSSO, Direct Service Provider(s) will enter data into the state reporting system(JTA). NOTE: It may be required that the Direct Services Contractor make double entries to both the Smartware case management system and the State System (JTA). j) Assessment • Make available an initial employment assessment to all customers who are interested in receiving such service. Use assessment tools to assist the individual customer in identifying the employment area in which he or she would be best suited. Identify the type and depth of comprehensive assessment for Intensive service customers, based upon the nature of the problems/employment barriers identified during counseling and any prior assessments that have been conducted. Page 22 of 68 _ __ .......................... + Build upon any prier assessment conducted by a School District, Community College, and/or any other agency offering mandated services within the One-Stop Center. k) Individual Employment Plan(IEP) + Develop an appropriate IEP for each registered WIA customer that advances to Intensive services. Jointly develop such plan/strategy with the customer using the JTA (MIS) system, and the regionally adopted electronic case management system. Use the assessment results of the IEP, and at a minimum, describe all employment barriers identified, and include the mix and sequence of services that should help the customer overcome the barriers identified, supportive services to be provided, and the expected employment outcome(s)or goals. + Initiate discussion of joint staffing for appropriate customers with the other partnering agency case managers within the one- stop center to ensure that no services are duplicated. Modify the plans, to reflect changes in customer needs quickly, and as a modification to the existing plan. Documentation of such changes will be noted in the regionally adopted case management system. 1) Case Management + Provide integrated case management services to all individuals that receive Intensive and/or Training services and ensure that the customer will only deal with one case manager from the beginning of the service delivery process through the provision of services even though services may be provided by a variety of agencies. + Enroll the customer in WIA, track the customer's progress, assist the customer in overcoming any barriers, provide career and motivational counseling, act as an advocate on behalf of the customer, and refer the customer to other resources that can meet any needs that are identified. m) Training Referral + Refer each individual to the most appropriate activity as determined from the assessment,using procedures established by the WDBCCC and as documented in the Individual Employment Plan (IEP) and within timeframes required by laws, regulations, and policies. Work with the OSSO to maintain a training and education database along with EASTBAY Works. Coordinate the development and placement into an OJT opportunity for customers with the job development and case management staff. Page 23 of 68 n) Job Placement • Coordinating between case manager and job developer as customers near completion of their training program for placement into employment or reemployment,using all of the features and resources created by the OSSO contractor. o) Job Retention/Follow-Up Services • After job placement, in collaboration with the OSSO, the WIA Direct Services Contractor will be responsible to assist the WIA registered customers and their respective employers with job retention for at least 12 months. • Provide assistance to help customers overcome any problems that may arise during this critical period and to ensure further progress toward long-terns employment and self-sufficiency. • Following is an example of a schedule for these follow-up activities for Intensive and Training Services placements: Length of Employment # of Minimum Contacts with Customer and;or Employer New Hires, 0—4 weeks 1 time per week 5 — 12 weeks 1 timeper month, (total of 2 times) 13 - 26 weeks 1 time 27 - 52 weeks 1 time 3. Coordination The WIA Direct Services Provider must establish and maintain a collaborative and functional relationship with other WDBCCC Contractors to ensure a service model that best eliminates duplication, leverages resources, and maximizes services for customers. 4. Partnering The WIA Direct Services Provider will actively participate in both the local workforce area and regional EASTBAY Works work teams to ensure best practices, staff cross training, and systemic consistency regionally. Page 24 of 68 5. Staffing The WDBCCC anticipates that there be an appropriate staffing ratio for Intensive/Training services. The WIA Direct Services Contractor will ensure that staff is qualified and representative of the community they serve. It is expected that front line contractor staff will have achieved professional certification(CDF)within 12 months from their date of hire or the contract start date, whichever is latest. It is encouraged, when feasible and appropriate, that the current One Stop Operator staff be maintained for the effective delivery of support services. The WIA Direct Service Contractor will ensure participation of front line staff professional training that is available through the State, local organizations, EASTBAY Works, and other workforce development resources. 6. Performance The WIA Direct Services Contractor is accountable for meeting WIA performance measures, described in Attachment G. Page 25 of 68 F. Estimated Funding Distribution Chart One-Sto O erator 550,000 East County Adult 385,000 East County D.W. 478,000 Central County Adult 192,500 Central County D.W. 286,000 West Count Adult 192,500 West County D.W. 191,000 Total Funds Available 2,275,000 *Estimated Funding amounts are inclusive of administrative fees. Page 26 of 68 G. Perfortnance Chart Universal Indicators Percentage of total population served Percentage of unemployed served Customer Satisfaction Re-use Refer Employer Service Indicators Ratio of Job opening to lacements Repeat employer-use more than one service Timeliness- Response rate to job order Market penetration-significant service to number of businesses in count Customer Satisfaction Re-use Refer WIA Measures ' E. Adult Entered employment rate Employment retention rate Earnings & Gain Employ&Credential rate i F. Dislocated Worker i Entered mployment rate Employment retention rate ..Wage replacement LE_Tploy& Credential rate Page 27 of 68 H. Marketing and Communications Requirements The respondent shall ensure that there is alignment between the WDBCCC and any marketing and outreach efforts related to the one-stop centers. The marketing strategies shall reach the public as a single voice promoting brand recognition for collective products and services. All marketing will adhere to guidelines available in the WDBCCC Style Guide. Communication within the system shall be regular and effective. L Reporting Requirements All required WIA and Smartware reports on enrollment and expenditure shall be provided monthly or quarterly as appropriate. There will be required periodic reports that allow the WDBCCC to maximize opportunities, identify challenges and share information. III. Proposal Requirements A. General Requirements Each respondent is requested to submit the proposal in a format suitable for ease of review with a minimum of repetitious material. The proposal should clearly demonstrate the respondent's plan and ability to provide the requested services as identified in this RFP. B. Page Limits ■ Executive Summary—2 pages ■ Proposal Content—30 pages ■ Budget Narrative—6 pages Note: Organizational charts, audits/audited financial statements and accompanying financial information,budget pages, resumes and letters of support are not included in the 30-page limit. C. Formatting Requirements ■ Font size— 12 Point Line spacing--- Single spaced ■ Margins—at least I inch • Pages—single-sided ■ Page numbering—centered at the bottom of the page IV. Proposal Format A. Cover Page (format provided as an attachment) Page 28 of 68 1. The name of the respondent's company, local address and federal tax identification number, status of respondent's agency(public, private, non-profit, 501 (C)(3), for profit, government agency) 2. The authorized negotiator and that person's telephone and fax numbers and e-mail address 3. The type of application(use check boxes) and geographic location(s) to be served 4. The authorized signature and submittal date 5. Agency operating budget, total program budget and amount requested under this proposal submission 6. Proposed geographic service area(East, West, Central County) B. Executive Summary The executive summary shall include a brief overview of the entire proposal including: 1. An overview of the proposed products and services that addresses the scope of work described in Sections 2.4 or 2.5 above 2. A summary of proposed outcomes 3. A summary of costs C. Table of Contents Include a table of contents that shows a clear identification of the material in your proposal by section that corresponds to this numbering system and by page number next to the section. D. Organization's Information 1. The respondent must provide an overview of its organization and its qualifications to provide the functions in the scope of work successfully. The description will include: a) A brief company history (1) Licensed to do business in California? b) Organizational chart of the company c) Number of employees d) Location of local office(s) e) An Audit/Audited Financial Statements with any audit findings and corrective action taken for the last 2 years of operation and any outstanding audit issues. f) Agency Mission Statement 2. The request for qualifications will also include: a) Evidence that liability insurance policies are maintained by the Respondent's organization for the services provided in the amount of Page 29 of 68 $1 million and evidence of Worker's Compensation policy maintained by the Respondents organization. b) A description of lawsuits, if any, initiated against the Respondent's organization or any of the project team members within the last five years by any customer related to delivery of similar services. c) A list of known or potential conflicts of interest. d) Evidence that the Respondent has developed and implemented an equal opportunity program. e) A statement of how the Respondent will address community diversity f) Signatures on the lobbying, drug-free and debarment certifications. 3. Organizational and Project Team Experience and Qualifications a) The Respondent's experience in working within the workforce development industry. b) The Respondent's knowledge, expertise and experience in performing the activities described in the scope of work. c) The Respondent's knowledge, expertise and experience in working within the communities for which they are proposing services. d) The current positions of key staff serving on the project team (including those working for partners and subcontractors who are being proposed), their project titles and their current and proposed responsibilities. e) A brief summary of the relevant experience and qualifications of all those people listed in 4.3.C.4 directly above. 4. Subcontractors The proposal shall include a complete list of all proposed subcontractors/sub consultants/partners. All parties must provide a meaningful element of work within the proposed plan. Once a contract is executed with the successful respondent, changes to this list will not be allowed without prior written approval from the WDBCCC. 5. References Respondents and their subcontractors/sub consultants/partners must provide at least three (3) references for projects of similar size and scope that they have performed. References shall include the following information: Reference's organization name Address and phone number Contact person Description of services provided 6. Any other attachment that the respondent feels would enhance their proposal and help establish superior qualifications. Page 30 of 68 E. Management and Organization Provide an organizational chart of the intended operations, including a staffing plan for all key positions. Include the hiring policies and minimum qualifications for all staff classifications. Describe staff training and staff development plans. F. Work Plan Products and Services 1. Describe the products and services to be offered in the order in which they are listed in the scope of work in Section II D or II E. 2. Describe proposed outcomes (use format located on page 26 of this RFP). 3. Provide an implementation schedule(include any transition plans from current contractors, if appropriate) 4. Provide a client flow chart 5. Describe the relationship to youth service providers. 6. Describe any additional products and services to be delivered and/or performed during the terms of this contract period. Describe any new partnerships to be developed. G. Marketing and Communications Plan 1. Describe the process and protocols for communication between the respondent and a) The WDBCCC and staff b) Partner agencies c) Other community groups d) Employers and employer groups e) Other relevant organizations. 2. Describe any proposed marketing plan. H. Reporting Plan 7. Describe the type and frequency of reports to the WDBCCC. 8. Describe any enhancements/changes planned for the reports or reporting process. I. Financial Plan 1. Provide Budget Information 2. Matching Funds Page 31 of 68 In the columns provided, please provide the amount of cash or in-kind match. Footnote each amount with the source of the funds and, if in-kind, a description of that in-kind contribution. Note: Federal funds cannot be matched with federal funds. 3. Resource Sharing Agreements—describe any in place or planned through the contract. 4. Provide Administration vs. Program Costs Ratio V. Proposal Evaluation Process If the proposal does not attain a Fiscal Review Evaluation score of at least 35 points (70%) the proposal will be eliminated from further review. A. Fiscal Evaluation Criteria—50 Total Points (Evaluation Form Attachment) • Audit Review/Agency Solvency/Operating Procedures - 20 • Internal Controls/Fiscal Procedures/Administration- 15 • Program Budget- 15 B. Proposal Evaluation Criteria- 100 Total Points • Organizations History/Qualifications— 15 • Management/Organization— 15 • Work Plan Products and Services —30 • Marketing and Communications Plan— 10 • Reporting Plan— 10 • Budget Plan - 20 C. Selection Process An proposal evaluation panel, composed of local Workforce Investment Board member(s), out of county Workforce Investment Board member(s) and staff, and out of county One Stop Operator staff, will evaluate all fiscally qualified and complete proposals and recommend the successful respondent(s) as those whose proposals are determined to meet the needs of the WDBCCC best,based on the criteria set forth in this RFP. The determination of the successful respondent(s) will be based on information supplied by the Respondent in response to this RFP. The WDBCCC reserves the right to negotiate with any respondent after the proposals are evaluated and recommended for funding. The WDBCCC reserves the right to reject any business plan submitted. Page 32 of 68 D. Appeal Process The RFP Appeal Process is initiated the date the award notification letters are sent to the RFP respondents. The appeal period last no less than ten(10) working days from the date the appeal period is initiated. All appeals are due August 9, 2004, no later than 5:00 PM and must be must be submitted in writing to: Workforce Development Board RFP #1077 Attn: Robert Lanter, Executive Director 2425 Bisso Lane, Suite 100 Concord, CA 94520-4891 The appeal letter must state the following: • The issues appealed • How the alleged claim detrimentally effects the entity appealing, and, • The rectification sought by appellant. Appeals unresolved by the initial appeal process may be pursued with the Board of Supervisors as part of the public award action(action requesting authority to enter into contract(s) with the successful bidder(s). E. Negotiation/Contract Process All respondents will designate an authorized negotiator. This designated person must be empowered to make any binding commitments for the successful respondent and their subcontractors, if any. Items that may be negotiated, but not limited to, are: scope of work, the staff as proposed, the implementation schedule, the performance standards and outcomes, and final amount of the contract. Page 33 of 68 VL Attachments (All contracts will contain County General Conditions and WIA Special Conditions as contractual obligations). A. County General Conditions and WIA Special Conditions Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services- Long Form) Revised 2002 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government, 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Health and Human Services, or the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized Page 34 of 68 representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds$5,000. 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract, without prejudice to County's rights to recover damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed by the head of the county department for which this Contract is made or its designee. Page 35 of 68 S. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator(or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any)required by the state or federal government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assi nment. This Contract binds the heirs, successors, assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into Page 36 of 68 subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due,by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee,partnership,joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California {:government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this indemnification, and, if requested by County, will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. Page 37 of 68 19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is $300,000 or less, Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$300,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $300,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of $1,000,000, and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this Contract is made. Page 38 of 68 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third- party beneficiaries of the obligations assumed by either party to this Contract. 25. Couyriahts and Wilhts in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, County reserves the right to copyright, and Contractor agrees not to copyright, such material. If the material is copyrighted, County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Page 39 of 68 Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Require( Audit. (A) If Contractor is funded by $500,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO), the pass-through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. Page 40 of 68 Contra Costa County Standard Form L-4 Revised 2002 SPECIAL CONDITIONS -Workforce Investment Act(WIA) (Purchase of Services o Long Form) 1. Available Copies. Copies of the County's Project documents and all pertinent State and Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Contra Costa County Employment and Human Services Department office. 2. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 3. Status of Contractor's Employees. Contractor's employees shall in no way be considered employees or agents of County. Contractor is an independent contractor, and County shall neither direct nor have control over Contractor, its activities, or the methods and details by which Contractor fulfills its obligations with the Contra Costa County Employment and Human Services Department. 4. Payment Adjustments. a. If any funds are expended by the Contractor in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines,bulletins, and circulars), County shall deduct the amount of such unauthorized expenditures from payments payable to Contractor. No such action taken by County shall entitle the Contractor to reduce program operations or services to participants. Any such reduction in expenditures may be deemed sufficient cause for termination of this Agreement. Within thirty (30) days of request by County, Contractor shall reimburse County for any payments made for expenditures that are in violation of this Agreement. b. Contractor shall reimburse County fully and completely for any repayment of funds made by the County to the California Employment Development Department or U.S. Department of Labor at the request of that Department after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Contractor. County's determination as to the necessity for any such repayment shall be conclusive as between County and Contractor. 5. Statistics, Reports, and Records. Contractor shall keep and maintain such documents, records, and accounts as may be required by County, State or Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Contractor shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. Page 41 of 68 6. Child Labor. No person under 18 years of age shall be employed in any occupation that Te U. S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age. Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by WIA regulations. 7. Affirmative Action Plan. Contractor shall comply with all applicable requirements of Executive Order No. 11246, entitle "Equal Employment Opportunity, "as amended by Executive Carder No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Contractor hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age which specifies goals and target dates to assure the implementation of that plan. Contractor shall also comply with Affirmative Action requirements established by County and the Department of Labor. 8. Nondiscrimination Clause (OCP-1). During this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability(including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family and medical care leave and denial of pregnancy disability leave. Contractor and subcontractors shall ensure that evaluation and treatment of all employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). Applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Contractor will comply with 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; the Food Stamp Act of 1977, as amended, and in particular Section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code sections 11135-11139.5, as amended; 12940 (c),(h)(1), (i), and 0); Section 4450; Title 22, California Code of Regulations Section 98000-98413; the Dymally-Alatorre Bilingual Services Act; Section 1808 Removal of Barriers to Inter-Ethnic Adoption Act of 1996 and other applicable federal and state laws, and their implementing regulations [including 45 Code of Federal Regulations (CFR) parts 80, 84, and 91; 7 CFR Part 15; and 28 CFR Part 35], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the Page 42 of 68 effect that no person shall because of age, sex, color, disability, national origin, race, marital status, religion or political affiliation be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance. Contractor HEREBY GIVES ASSURANCE THAT (he/she/it) will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and Contractor hereby gives assurance that administrative methods/procedures that have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CRSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited. BY ACCEPTING THIS ASSURANCE, Contractor agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare Institutions Code Section 10605, or Government Code Section 11135-11139.5, or any other laws, or the issue may be referred to an appropriate federal Contractor for further compliance action and enforcement of this assurance. THIS ASSURANCE is binding on the Contractor directly or through contract, license, or other provider services, as long as (he/she/it) receives federal or state assistance. 9. Drug.!Free Workplace Certification. By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: a. 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). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: (1) the dangers of drug abuse in the workplace; Page 43 of 68 (2) the Contractor's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation, and employee assistance programs; and (4) penalties that may be imposed upon employees for drug abuse violations. C. Provide, as required by Government Code Section 8355(c), that every employee who works on the Agreement will: (1) receive a copy of the company's drug-free policy statement; and (2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or Agreement termination or both, and Contractor may be ineligible for award of any future contracts if the County determines that any of the following has occurred: (1) Contractor has made false certification or(2) Contractor violates the certification by failing to carry out the requirements as noted above. 10. Contracts more than $500,000 federally funded, are required to provide a single financial audit, including a supplemental schedule of functional expense to the Department Fiscal Unit withinl20 days of the termination date of the Agreement. In addition, an unaudited financial program schedule of expenditures and revenues is to be sent to the Department Fiscal Unit within 30 days of the termination date of the Agreement along with any adjustment to previous charges submitted. A completed county demand form will accompany the program schedule of expenditures and revenues when adjustment of claimed expenditure is necessary. A report of over reimbursement expenditures by Contractor will be accompanied by a check in the amount of the adjustment made payable to the Auditor Controller, Contra Costa County. * Irrespective of the Agreement amount, if an audit or financial report is required by another Contractor or is available, a copy of the audit and financial reports will be sent to the Employment and Human Services Department, Fiscal Unit,40 Douglas Drive, Martinez, CA 94553-4068 immediately upon completion. 11. Required Audit. This paragraph modifies paragraph 27 of the General Conditions, Federally Required Audit, attached, in the effect of identifying the type of audit required. Contractor shall Page 44 of 68 perform a certified single or Contractor-wide audit in accordance with Office of Management and Budget(OMB) Circular A-133. 12. Resorting Child Abuse or Neglect Contractor shall ensure that all known instances of child abuse or neglect are reported to a Child Protective Contractor as defined in Penal Code Section 11165 (K). This responsibility shall include: a. A requirement that all employees, consultants, or agents performing services under this Agreement who are required by Penal Code Section 1165(a)to report child abuse or neglect, sign a statement that he or she knows of the reporting requirements and will comply with them. b. Establishing procedures to ensure reporting even when employees, consultants, or agents who are not required to report child abuse under Penal Code Section 1165(a) gain knowledge of, or reasonable suspect that a child has been a victim of abuse or neglect. 13. Additional Assurances a. Contractor will comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 646) which requires fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. K Contractor will comply with the provisions of the Hatch Act which limit the political activity of certain State and local government employees. C. For grants, subgrants, contracts in excess of$100,000, or where the grant 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. 1857c-8 (c) (1)] or the .Federal Nater Pollution Control Act [33 U.S.C. 1319 (c)] and is listed by the Environmental Protection Contractor (EPA) or is not otherwise exempt, the grantee 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 Regional Administrator prior to award, of the receipt of any communication from the director, Office of Federal Activities, U.S. Environmental Protection Contractor, indicating that a facility to be utilized for the grant is under consideration to be listed on EPA List of `violating Facilities; and, 3) it will include substantially this assurance, including this third part, in every nonexempt subgrant, contract or subcontract. Page 45 of 68 d. Contractor will comply with Federal Regulations (at 627.315 (b)), and ensure that where WIA participants are not covered by the State's Workers' Compensation law, they shall be provided with adequate on-site medical and accident insurance. 14. Program Management Requirements. Contractor shall establish and maintain internal program management procedures for the effective administration of its Agreement program, including provision to: a. Monitor day-to-day operations; b. Periodically review the performance of the program in relation to program goals and objectives; and, C. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. 'When Contractor finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 15. Financial Management Requirements. Contractor shall comply with Office of Management and Budget Circular A-102, Attachment G, Paragraph 2., pertaining to standards for financial management systems in federally funded activities. Pursuant thereto, Contractor shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its Agreement program in accordance with County, State, or Federal reporting requirements; b. Effective control over and accountability for all Agreement funds, property, and other assets; and, C. The ability to evaluate the effectiveness of program activities. Contractor shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. 16. Property Mana_ement Requirements. Contractor shall comply with applicable requirements established by County or the U.S. Department of Health and Welfare governing the ownership, use, and disposition of WIA equipment. Contractor shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to WIA property, including WIA equipment. Contractor shall investigate and fully Page 46 of 68 document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Contractor shall retain such property records for three years after the disposition of such equipment or property. 17. Procurement Standards. Contractor shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the California Employment Development Department for such procurements with Agreement funds, including Office of Management and Budget Circular A-102, Attachment O (Procurement Standards). Pursuant thereto, Contractor shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest of noncompetitive practices that may restrict or eliminate competition or otherwise restrain trade. C. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over$10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procurements may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: 1) the public exigency will not pen-nit the delay incident to advertising; 2) the material or service is available from only one person, firm, or other sole source; 3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution; or, 4) no acceptable bids have been received after formal advertising. Page 47 of 68 Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Contractor's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. Contractor will neither solicit nor accept gratuities, favors,or anything of monetary value from contractors or potential contractors. 18. Nepotism. Contractor shall comply with the Federal restriction prohibiting nepotism (20 CFR Part 676, Section 676.66). Pursuant thereto, Contractor shall not hire any person in an administrative capacity or staff position funded under this Agreement if a member of the person's immediate family is already employed in an administrative capacity by Contractor. 19. Sectarian Activities. Contractor shall comply with the Federal restriction prohibiting sectarian activities (29 USC 1577 Section 167(x)(3)). Participants shall not be placed in subsidized employment and/or training for the construction, operation or maintenance of that portion of any facility used or to be used for sectarian instruction or as a place for religious worship. 20. Davis-Bacon Wale Rates. Contractor shall comply with applicable regulations of the U.S. Department of Labor regarding payment of prevailing wage rates to all laborers and mechanics employed by Contractor or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, (40 U.S.C. 276(a), as amended. 21. Final Contract Closeout. In the event that the services provided by Contractor under this Agreement are not purchased by County under a new contract following termination of the within Agreement, Contractor shall comply with final contract closeout procedures as follows: a. Contractor shall provide and submit to County, within 45 days following the termination of this Agreement, all financial,program, performance, and other reports required by County under this Agreement. b. Contractor shall account for any WIA equipment/property, including supplies and materials (if any) loaned by County to Contractor under this Agreement. C. This Agreement may be amended to extend the term for up to 45 days to allow Contractor to initiate a final closeout of this Agreement, prepare the above-specified reports, and submit said reports to County. 22. WIA Participants Complaints. Contractor shall provide a process through which WIA participants shall have the opportunity to express and have considered their views, grievances, and complaints regarding the delivery of services. Page 48 of 68 23. Refuyees. Contractor shall abide by the provisions of State Department of Social Services Manual of Policies and procedures, Division 21, and the Welfare and Institutions Codes Section 1000, which prohibits discrimination against any authorized refugee recipient on the basis of race, national origin or ancestry, religion, sex, marital status,political affiliation, or physical and mental condition. 24. No Monetary Inducements. Contractor certifies and agrees that no monetary compensation of any kind will be offered or promised to induce employers to hire WIA participants. 25. Debarment and Suspension Certification. By signing this Agreement, Contractor or grantee hereby certifies under penalty of perjury under the laws of the State of California that Contractor or grantee will comply with regulations implementing Executive Carder 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510. This section provides that the prospective participant (i.e. grantee) to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal Department or Contractor; B. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under public transaction, violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph B of this certification. D. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local)terminated for cause of default; E. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 26. Lobbvin2 Restriction. By signing this Agreement, Contractor hereby assures and certifies to the lobbying restrictions as set forth in 29 CFR Part 93,that: A. No Federal appropriated fund had 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 Contractor, a Member of Congress, 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, continuations, renewal, Page 49 of 68 amendment or modification of any Federal contract, grant, loan, or cooperative agreement. B. 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 Contractor, a Member of Congress, and officer or employee of Congress, or any 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 (Exhibit 1), "Disclosure Form to Report Lobbying", in accordance with its instructions. C. The undersigned shall required that the language of this certification be included in the award documents for contract/grant transaction of over $100,000 (per OMB) at all tiers including subcontracts, subgrants and subrecipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance is placed when this transaction is executed. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Failure to comply with these requirements may result in suspension of payments under the subgrant/contract or termination of the subgrant/contract, or both, and the Contractor or grantee may be ineligible for award of future State grants/contracts if the Department determines that any of the following have occurred: 1) false information on the certification, or 2) violation of the terms of the certification by failing to carry out the requirements noted above. 27. Assurance of Non-Dupheative Billing. Contractor shall ensure that all amounts billed for services under this Agreement shall not be billed under aM other contract that provides the same services to the same clients. 28. Patent(tights. Contractor shall comply with requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under this contract. Page 50 of 68 _ _ B. Definition of Terms ADMINISTRATIVE COST: The portion of the budget associated with the overall management and administration of the proposed program, and which is not directly related to the provision of services to participants. APPLICANT: An individual who,by virtue of limited or no income, barriers to employment, or other eligibility criteria as prescribed in CER 663 & 664, has provided documentation of eligibility for WIA services, and who has been determined eligible. ASSESSMENT: Independent comprehensive evaluation of an individual to identify shills, abilities, aptitudes, and interest used to design a service strategy and `or training plan. CASE MANAGEMENT: The provision of a client-oriented approach in the delivery of services, designed to: • Prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to the necessary training and supportive services, using, where flexible, computer-based technologies; and ■ Provide job and career counseling during program participation and after job placement. CASE MANAGEMENT SYSTEM: The regionally adopted Smartware case management system that will be fully utilized to maintain records from application for services in the one- stop center(s) and including referrals for services, case notes, associated costs and activities for both individuals and employer customers. GCDE Certification: Global Career Development Certification is offered by the Center for Credentialing upon successful completion of formal curriculum from an approved vendor. In the bay area, such curriculum is offered in a blend of online and classroom coursework and is offered for cohort groups of front line and management workers in the regional one-stop system several times a year. At present 2/3 of the cost of this training is covered by the four WlBs in the region with 1/3 being the responsibility of the individual or his/her employer. The cost of obtaining the formal credential is the responsibility of the employer or the individual. CLASSROOM TRAINING: Academic and/or occupational training conducted in an institutional setting. Page 51 of 68 COLLABORATION: A temporary alliance of groups or organizations that come together to work jointly on a specific endeavor. Collaboration is strengthened by a formal written agreement, which delineates the responsibilities of each group, organization, or entity. COMMUNITY-BASED ORGANIZATION(CBO): An incorporated non-profit organization that is representative of communities or significant segments of communities, and which provides job-training services(WIA 122, CFR 663.505-565). CONTINUOUS IMPROVEMENT: A process for identifying system and service improvement on an ongoing basis, i.e. Baldrige Principles. COST REIMBURSEMENT CONTRACT: A contract format that provides for the reimbursement of allowable costs that have been identified and approved in the contract budget, and incurred in the operation of the program. Back-up documentation is required to justify payments made under this type of contract. CUSTOMER: An employer or individual receiving assistance or services through the one-stop system. DISLOCATED WORKER: A worker who lost employment due to downsizing, plant or base closure. DOL: The U.S. Department of Labor EDD: The Employment Development Department of the State of California ELIGIBLE or ELIGIBILITY: Refers to an individual's status in relation to his/her qualification to participate in a WIA funded program. Examples of eligibility criteria for various programs are residency, age, economic status, serious barriers to employment, plant closures, layoffs, long-term unemployment, etc. ENROLLMENT: An eligible participant who has been referred for WIA services, and for whom enrollment documents have been completed and entered into the Service Delivery Area's(SDA) Management Information System (MIS). ENTERED UNSUBSIDIZED EMPLOYMENT(PLACEMENT): The category for participants who terminated from the program and entered (through the efforts of the SDA, provider of services, or through their own efforts) into regular employment for a minimum Page 52 of 68 __ of 20 hours per week or more. For WIA purposes, this termination includes: employment in the public, private non-profit, or private for-profit sector; entry into the Armed Forces, entry into employment in a registered apprenticeship program(youth only); and participants who become self-employed. IN-KIND CONTRIBUTION: Contributions provided by a provider of services from non- WIA sources to support a WIA training program. In-kind contributions must be itemized in the proposal and contract budgets, and are subject to audit. INDIVIDUAL TRAINING ACCOUNT ( ITAs): The means by which eligible adults and dislocated workers purchase training services under WIA. The Workforce Development Board may adopt various limits on ITAs. INTEGRATED SYSTEM: Seamless services such that a customer cannot tell when services being provided shift form one organization to another organization. INTAKE: Includes the screening and determination of an applicant for eligibility, and: (a) a determination of whether the program can benefit the individual, (b) an identification of the employment and training activities and services that would be appropriate for that individual, (c) a determination of the availability of an appropriate employment and training activity, (d) a decision on selection for participation, and (e) the dissemination of information on the program. JOB DEVELOPMENT: The planned and organized effort by WIA/Workforce Connection representatives to encourage employers or business organizations to make jobs available for WIA/One-Stop clients. JTA: Job Training automation is the specialized software designed and required by the State to track information on individuals receiving assistance, and to verify center performance outcomes. LINKAGE: Any mechanism that connects or ties services together. LWIA: The local workforce investment area served by the Workforce Development Board of Contra Costa County, which is Contra Costa County with the exception of the City of Richmond. MALCOLM BALDRIGE AWARD CRITERIA: A nationally recognized process for measuring performance quality and continuous improvement based on the 7 categories of Page 53 of 68 leadership, information and analysis, strategic planning, human resource utilization, process management, business results, and customer satisfaction. MEMORANDUM OF UNDERSTANDING: An agreement developed and executed between the Local Board and one-stop agencies relating to the operation and management of the one-stop centers in the local area. May also be between Coordinator Contractor and each partner in the one-stop center(s). OBJECTIVE ASSESSMENT: An examination of the capabilities, needs, and vocational potential of a participant, used to develop a service strategy and employment goal. Such assessments are client-centered and a diagnostic evaluation of a participant's employment barriers, taking into account the participant's family situation, work history, education, occupational skills, interests, aptitudes (including interests and aptitudes for nontraditional occupations), attitude towards work,motivation, behavior patterns affecting employment potential, financial resources and supportive service needs, and personal employment information as it relates to the local labor market. OCCUPATION TRAINED FOR: A placement shall be considered to be in the occupation trained for(i.e., training related) if the skills, abilities, knowledge, work habits, and/or procedures acquired during the participant's training are used by the participant on the unsubsidized job into which he/she is placed. Such training must be documented in the participant's file. ON-THE-JOB TRAINING: Training in the private sector given to a participant who, after objective assessment, has been referred to and hired by the employer. It occurs while the participant is engaged in productive work that provides knowledge and/or skills essential to the full and adequate performance of the job. ONE-STOP SYSTEM: Those centers operating in the workforce area of Contra Costa County excluding the City of Richmond that are under the policy oversight of the Workforce Development Board of Contra Costa County. The system may include additional affiliate sites as approved by the Board and other workforce entities within serving this workforce area. OUTCOME: Documented effect or impact of a service or intervention on a family or individual. In short, outcomes are what the program efforts are designed to achieve. Proposed outcomes must be stated in terms of measurable indicators. OUTREACH (RECRUITMENT): Activity involves the collection, publication, and dissemination of information on program services directed toward economically disadvantaged and other individuals eligible to receive WIA training and support services. Page 54 of 68 PARTICIPANT: An individual whom has been determined eligible to participate in, and who is receiving, services. Participation shall be deemed to commence on the first day following eligibility, on which the participant began receiving subsidized employment, training, or other services provided under the WIA law. PLACEMENT: The hiring of a participant into unsubsidized employment. Employment may be either full-time or part-time,but must be for a minimum of 20 or more hours per week to be reported as a placement. PROGRAM ACTIVITIES: Direct or indirect services provided by a collaborative or outside entities designed to achieve desired outcomes. Examples are adult mentoring, client management, computer literacy training, and work experience. PROGRAM COMPLETION: Refers to the successful achievement of the pre-specified, overall training objective(s); the term may be used as appropriate to describe a subcontractor's performance under a financial agreement, or a participant's performance in a training activity. Completion of a training program may or may not include job placement, depending on the contract terms and conditions. PROGRAM INCOME: Income generated by a program funded by WIA as a result of fees, rental of real or personal property, the sale of commodities or items developed with contract funds, and revenue in excess of costs earned by entities other than commercial organizations. PROVIDER OF SERVICES/SERVICE PROVIDER: An entity such as a CBO, an educational institution, or a commercial organization, which delivers services to WIA participants under contract with the WDBCCC. QUALIFIED STAFF: Individuals that have experience or education that qualifies the individual to conduct the training or deliver the services contracted for. RAPID RESPONSE: The means by which the employers receive services in response to notices of lay-Ooffs, plant or base closures so that employees facing lay-off are aware of all assistance available to them. REQUEST FOR PROPOSAL(RFP): A solicitation procedure/document which makes the statement, "Here is what we wish to accomplish; how will you accomplish this and for how much`" In using an RFP, the awarding agency will award the contract by using Page 55 of 68 proposal evaluation.methods. This permits consideration of other factors, in addition to price. SEAMLESS SYSTEM: Integrated services such that a customer cannot tell when services being provided shift from one organization to another organization. STATEMENT OF WORD.: That portion of the RFI' and the resulting contract document which describes the work to be performed by means of specifications or other minimum requirements, quantities, performance dates, and a statement of the quality expected. SUBCONTRACT: Any compensated services performed by an individual or entity other than staff or the provider of services, e.g., consultants, contracts for professional services, etc. SUPPORT SERVICES: Services that are necessary to enable an individual who is eligible for job search and/or training under WIA,but who cannot afford to pay for such services, to participate in a job search and/or training funded under WIA. Examples of supportive services are: transportation, counseling, special services and materials for individuals with disabilities,job coaches, child care, and other reasonable expenses required for participation in the training program and may be provided in-kind or through cash assistance. TERMINATION: The separation of a participant who is no longer receiving services (except post-termination and follow-up services)under a program authorized by the WIA law. UNIVERSAL ACCESS: All employers and job, education, and/or training seekers have access to information and/or services in a one-stop center and/or through electronic linkages. Eligibility for services from various grants or sources of funds is not a criterion for assistance at a one-stop center. VOCATIONAL TRAINING: Training provided to develop the attainment of job related skills in a particular occupational area, and which would prepare the trainee for gainful employment in the area for which training was provided. May include the upgrading of skill levels to meet requirements of new and changing technologies. WORK EXPERIENCE: A short-term or part-time work assignment with a public or private non-profit employing agency for a participant who needs assistance in becoming accustomed to basic work requirements. It is designed to promote the development of good work habits and basic work skills for individuals with limited or no work histories. Page 56 of 68 WIA: The Workforce Investment Act of 1998, which replaced the Job Training Partnership Act. WORKFORCE DEVELOPMENT BOARD: A local board is appointed by the County Board of Supervisors in accordance with State criteria and in accordance with the Workforce Investment Act. This body sets policy for the workforce development system in this workforce area(Contra Costa County with the exception of the City of Richmond). Must have a majority business representation. Page 57 of 68 C. Reference Materials INTERNET LINKS (Workforce Development Board of Contra Costa County is not responsible for the content or maintenance of non-SDWP websites.) Workforce Investment Act Information Workforce Investment Act of 1998: http://www.doleta.gov/usworkforce/wi-alaw.pdf WIA Final Regulations. http://www.doleta.mov/usworkforce/finalrule.ndf US.Department of Labor Employment and Training Administration: htti)://www.doleta.gov IIS Department of Labor Bureau of Labor Statistics httl2://'www.bls.gov/home.htm California Workforce Association cal work&rce.ori California Employment Development Department htta,//,rvw-va.edd.cc hwnetgov Career One-Stop Un-line htLp:l/v,�,irK?.cat-eeroiieLLQU.org A. Heldrich Center For Workforce Development http://laeldrich,mtgers,edu/WorkingAhead/ Additional Youth Resource Links American Youth Policy Forum http://www.avp f.o r g/ The National Youth Development Information Center httpJ/www.nydic.or nydic/ National Youth Employment Coalition htt�://Www.ny�ce.org/ Public 1 Private Ventures—Supporting Youth Employment— Guide for Community Groups httff//www.ppvp or2/ydffiles/SupportYouthCroup.pdf Youth Work Central http-//www.youthworkmitral.org/best initiative.html Page 58 of 68 EmplvyAbility Network— Career Empowerment,for Persons with.Disabilities htti):/,/www.em-ploy-ability.org/indexl.htmI US Department of.Health &Haman Services—Administration for Children & Families—Resources on Youth Development http://www.nefy.com/resource-yd.htm Local Workforce Links EASTV'AY Works http://www.castbayworks.com Workforce Development Beard of Contra Costa County http://www.wdbece.com Page 59 of 68 D. Evaluation of Fiscal Capabilities and Program Budget Request for Proposals (RFP)#1077 Evaluator's Name Agency Submitting Proposal Proposal.# The score sheet is designed to assist in the evaluation of the bidder's expenditure plan, fiscal controls, and financial capability to successfully complete the contract and provide the necessary reports and documentation required for reimbursement. Complete one score sheet per proposal submitted. Proposals receiving a total fiscal evaluation score of 35 points or below will not be evaluated beyond this evaluation of fiscal capabilities and program.budget. Please provide a one to two sentence explanation of any score less that the maximum noted in the parenthesis. 1. Audited Financial Statements (20 Points) Score * Is the agency solvent? + Current ratio of assets to liabilities (1:1 is neutral, 3:1 is very good)? + Is the opinion letter from the recent audit favorable? + Are any material weaknesses noted? + Does the agency have realistic cost allocations 2. Internal Controls,Fiscal Procedures & Administration (15 Points) Score * Does the agency follow sound fiscal procedures? * Does the agency's fiscal staff appear qualified? * Is the Board of Directors involved with agency decisions? * Does the description list appropriate elements (ie. double entry, accrual basis, subsidiary ledgers, systems for payroll, cash handling, equipment inventory petty case? Page 60 of 68 4. Program Budget (15 Points) Score • Are costs appropriately allocated in the program budget? i Do the line items appear reasonable and justified? + Are administrative costs a%of the program budget reasonable(15% or less)? 5. Evaluator's Opinion. Yes or No (circle one) • Would you feel reasonably certain that this agency could manage a contract in the amount of$50,000+ as a one stop service provider and to up to $550,000 as the one stop service operator? Total Score If the agency total fiscal score is less that 35 points (70%), please complete a narrative as to why the score was determined. Page 61 of 68 E. I REQUEST FOR PROPOSAL#1077 Workforce Development Board of Contra Costa County Name of Respondent Orgainization/Agency Address Federal Tax Identification Number: Check all that apply: 501 (C)(3) Private Agency Public Agency RFP Contact : Phone• Fax• E-Mail: Authorized Negotiator if different than above: Phone: Fax• E-Mail: List Collaborative Partners and their location (City), if applicable: Please indicate below the Type of Application (OSSO or Direct Service Provider), the service(Adult,Dislocated Worker) and geographic location(s) to be served for this proposal. One Stop Systems Operator East/Far East County Central County Direct West County Direct Direct Services Services Services Adult Adult Adult ! Dislocated Worker Dislocated Worker Dislocated Worker NOTE: You may only apply for up to three (3) total. A separate application packet including this form must be submitted for each box you check. Authorized Signature Date Page 62 of 68 _..... _.... ......... ......... ......... ...._....._...._. . _.._.. ....._....._..-__... ..__....... ......... ........ ........ ........ ......... ....... ...... E.2A Budget Worksheet Workforce Development Board of Contra Costa County Check One: OSSO Budget Direct Service Budget Activity Budget % of Budget Salaries and Benefits Operations Equipment over$5,000 E ui ment Computer $1-5.000 Equipment Non-Com uter $1-5,000) Subcontractors Participant Wages and Benefits Participant Supportive Services Travel/Mileage Marketing Office SLip2lies Indirect Costs Other Total Budget Page 63 of 68 ................ .. ... . .. ... ... _. ... _.. ......... .......... ........ ........ ......................_. ................................................... E.211 Matching Funds Worksheet Workforce Development Burd of Contra Costa County Check One OSSO Match Direct Services Organization Type of Cash Match In-Bind Description of Organization per Month Value per In-Kind Month Page 64 of 68