HomeMy WebLinkAbout3510RESOLUTION NO. 3 5 1 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF
A GRANT OF ONE HUNDRED NINETY-THREE THOUSAND NINE
HUNDRED EIGHTY-SEVEN DOLLARS ($193,987) FROM THE
WASHINGTON SERVICE CORPS TO PROVIDE AND OPERATE
THE AUBURN AMERICORPS TEAM; PROVIDE AN IN-KIND
MATCH OF SIXTY-THREE THOUSAND THREE HUNDRED
TWENTY DOLLARS ($63,320) AND A CASH MATCH OF TEN
THOUSAND DOLLARS ($10,000); AND AUTHORIZE THE MAYOR
TO IMPLEMENT THE NECESSARY ADMINISTRATIVE
PROCEDURES.
WHEREAS, the City of Auburn has received form the Washington Service
Corps grants which have aided the City in the past to meet its objectives to
provide services to the citizens of Auburn; and,
WHEREAS, the City, again, has received an offer from the Washington
Service Corps for another (renewal) grant, which would be advantageous to and
in the best interest of the City to receive and utilize accordingly.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES the following:
SECTION 1: The City Council hereby accepts a grant of $193,987 from
the State of Washington Employment Security Department's Washington Service
Corps to provide and operate the Auburn AmeriCorps Team and deposits said
grant funds into the City of Auburn's general fund.
SECTION 2: Approximately $105,138 of the above grant is personnel
costs for the AmeriCorps members. The Washington Service Corps contributes
$95,138 of the cost for the AmeriCorps members and the City pays for the
Resolution 3510
August l, 2002
Page 1
remaining $10,000 of inember costs. All of the member costs are administered
by the Washington Service Corps.
SECTION 3: The grant has an operating budget of $88,849 which shall
be administered by the City of Auburn, out of which the Washington Service
Corps reimburses the City $25,529, and the remaining $63,320 shall be an in-
kind match from the City of Auburn, with approximately $34,110 or 54% of the in-
kind match being donated to the City in the form of supervision and supplies
provided by the Auburn School District, and with the remaining $29,210 or 46%
being absorbed by the City in the form of indirect administrative support ($5,000);
in-kind salary and fringe benefits provided by participating City staff ($21,000);
transportation ($1,000) and miscellaneous supplies and materials ($2,210).
SECTION 4: The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation, and include the grant amounts in appropriate budget documents.
SECTION 5: This resolution shall be in full force and affect upon passage
and signatures hereon.
DATED and SIGNED this 5th day of August, 2002.
CITY F AUBURN
~
PETER B. LEWIS
MAYO R
Resolution 3510
August 1, 2002
Page 2
ATTEST:
9
,
~
Da i Daskam
City Clerk
APPROVED AS TO FORM:
%..-ILy r,«~~ ~ IIUy
r,MS i9n
EMPLOYMENT SECURITY DEPARTMENT CONTRACT CLNARANCE SHEET
ONLY FULLY COMPLETED FORMS WILL BE PROCESSED U
REVIEWERS: PLEASE RETURN CONTRACT DOCUMENTS TO THE CONTRACTS OFFICE (MS6000) UPON SIGNING THtS FORM
ESD CONTRACT # 03-030-G OTHER PARTY CONTRACT # MODIFICATION #
PROGRAM MANAGER TO COMPLETE THE FOLLOWING:
ESD CONTRACT NAME WSC - Auburn AmeriCo s
PROJECT CODE 3835 N/A ❑
OTHER PAR1'1' INFORMATION:
START DATE Se tember 1, 2002 END DATE Au ust 31, 2003
ORGANIZATION NAME Ci of Auburn
IF MODIFICATION, $ CHANGE
CONTACT PERSON Bill Mandeville
TOTAL $$25,529
ADDRESS 25 W. Main
SOURCE OF FIJNDS ( ro'ect code & name) 0 State ED Federal E] Other
Auburn, WA 98001
46000 Washin on Service Co s
PHONE # 253-804-5029 FAX # 253-931-3053
If Federal Funds are involved list CFDA # 94.006
E-MAIL ADDRESS Bmandev@ci.aubum.wa.us
BILLING INFORMATION:
STATUS Government
METHOD ~ INVOICE LTR OF CREDIT/EF'I' ❑ OTHER
TAX ID # 91-6001228 UBI #
FRE UENCY ~ SEMI-MONTHLY MONTHLY UARTERLY
CERTTFIED ❑ MINORITY WOMEN BOTH NONE
UNIT ❑ SYSTEMS COST CENTER
OMWBE CERTIFICATTON #
CLOSEOUT RE UIRED ❑ YES ❑ NO DUE DATE
PERSONAL SERVICES YES NO
If es, page two must be com leted
ESD EXPENDS FUNDS
❑ RECEIVES FiJNDS ATTACH FORM 595 FT'E #
OFM FILING YES NO If es, contact Contracts Office.
COMPLETE ONLY IF RECEIVING F'UNDS:
PAYMENT FIXED UNIT ❑ HYBRID
TYPE 0 GRANT ❑ COST REIMBURSEMENT
NON-FINANCIAL ❑OTHER
REQUESTED AS&T ❑ BOTH (F&P/A&M) ❑ F&P ONLY
REQUESTED COST CENTER OVERHEAD ALLOCAI'ION
❑ YES ❑ NO
IS DATA BEING SHARED? YES ONO
IF YES, WHICH DATA?
WHICH DIVISIONS ARE IMPACTED BY SHARING DATA?
DATA SHARING SIGNATURE: DATE:
As the Program Manager, I certify that there was no conflict of interest in the procurement, award, or adminisUation of this wnVacdmodificatioa I further state that
the contract/modification has been cleared through the Progam Manager's division and other affected divisions prior to submission to the Contracts
Office.
ESD PROGRAM MANAGER'S NAME Debbie Schuffenhauer DIVISION
PHONE # 3604384145 FAX # 36 38- l E-MAIL Dschuffenhauer(~a,esd.wa.gov
ESD PROGRAM MANAGER'S SIGNATURE O.[11L1 ,
--CONTAC`f NAME Dom Wise PHONE # 360-419Z49'49 ' FAX # 360-438-3113 E=MAIL Dwisenn,esd.wagov
BRIEF, BUT CLEAR DESCRIPTION OF CONTRACT/MODIFICATION This grant agreement will authorize the Grantee to operate an
AmeriCorps program in their area of assigned responsibili , according to the terms of agreement and their project proposal.
ESD DNISION/REGION/OFFICE SIGNATURE DATE
ITSD SIGNATURE DATE
CLEARANCE ROUTING PROCEDURE o not com kte this secNon.
REVIEWERS: Please su 1 the reuired information si and date where indicated. An comments/ roblems should be noted in the s ace rovided below.
CONTRACTS OFFICE Date
FINANCE: Budget Office Date Fiscal Date
FAP Gode: Fund Appropriation Program
Fund Ledger Code 3977 Fund Ledger Name
Project Code 3835 Project Code Name
Revenue Code Fiscal Year Indicator Billing Frequency
Comments
ATTORNEY GENERAL Date
OTHER Date
COMMENTS/PROBLEMS/SPECIAL INSTRUCIIONS:
IF YOU HAVE CONTRACTS QUESTIONS, CALL THE CON1'RACI'S OFFICE AT (360) 4384008
IF YOU HAVE ACCOUNTING QUESTIONS, CALL THE FISCAL OFFICE AT (360) 902-9727
IF YOU HAVE BUDGET QUESTIONS, CALL THE BUDGET OFFICE AT (360) 902-9424
COMPLETE ONLY IF CONTRACT PROJECT STAFF ARE OR HAVE BEEN STATE EMPLOYEES IN THE LAST'TWO YEARS:
EMPLOYEE NAME AGENCY NAME
TITLE TERMINATION DATE f
Pursuant to RCW 39.29, this form must be completed for all personal service contracts. Personal services
may only be procured if (1) the service is critical to ESD responsibilities or operations or is mandated by the
legislature, (2) sufficient staffing or expertise is not available within ESD, and (3) other qualified public
resources aze not available to perform the service.
A. Formal written solicitation is required for all personal service contracts of $20,000 or more.
1. Was this contract awarded through a formal competitive solicitation? ❑ Yes 0 No
If yes, attach copy of request for proposal (RFP)
B. Informal written solicitation is required for all personal service contracts which independently or when
combined with other contracts with the contractor within the fiscal year are equal to more than $5,000,
but less than $20,000. Bids must be solicited from at least three contractors.
1. Was this contract awarded through an informal written solicitation? ❑ Yes N No
v If yes, which contractors were contacted?
v What selection criteria were used?
o Based on the criteria, why was the contractor selected?
C. If this contract was awarded without competitive solicitation, is it 1:1 under $5,000
0 an interagency agreement ❑ a unique service (sole source) ❑ an emergency?
1. If sole source, how is the service truly unique?
- 2:---I€sole source, why would eompetition have been futile or inappmpriate? - - -
3. Advertising through statewide or regional newspapers is required for sole source contracts that
exceed $20,000. If this contract exceeds $20,000, in which papers was this solicitation advertised?
4. If sole source, how was it determined that the costs, fees, or rates are reasonable?
5. If for emergency services, how was it determined that an emergency existed?
NOTE: Contracts from the following six groups must be filed with OFM:
(1) Sole source contracts which independently or when combined with other contracts with the contractor equal or
exceed $5,000 and aze less than $20,000 within a state fiscal yeaz, (2) Sole source contracts which independently or when combined with other contracts with the contractor equal or
exceed $20,000 within a state fiscal yeaz,
(3) Contracts for management consulting, organizational development mazketing, communications, employee training,
and employee recruiting which if considered independently aze valued at $20,000 or more whether competitively bid
or sole sourced,
(4) Competitively bid contracts valued at $20,000 or more,
(5) Contracts and amendments which singly or cumulatively exceed $100,000 with the contractor within a state
biennium, or
(6) Contract amendments which singly or cumulatively exceed 50% of the value of the original contract or which
substantially change the scope of work. Allow ten business days for the review and approval process within OFM.
IF YOU HAVE CONTRACI'S QUESTIONS, CALL THE CON1'RACTS OFFICE AT (360) 4384008
IF YOU HAVE ACCOUNTING QUESTIONS, CALL THE FISCAL OFFICE AT (360) 902-9727
IF YOU HAVE BUDGET QUESTIONS, CALL THE BUDGET OFFICE AT (360) 902-9424
Contract Number 03-030-G
AmeriCorps CFDA # 94.006
Grant Number: 3835
Grant Amount: $25,529
GRANT AGREEMENT CONTRACT BETWEEN
STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
AND
City of Auburn
This Grant Agreement Contract is made and entered into by and between the Washington State Employment Security
Department hereinafter called the "Department", located at 605 Woodland Square Loop SE, Lacey, Washington, and
City of Auburn, hereinafter called the "Grantee"), at 25 W. Main Auburn, WA 98001.
The Grantee staff inember responsible for management of this Contract is:
Name: Bill Mandeville
Title: Project Supervisor
Telephone Number: 253-804-5029
FAX Number: 253-931-3053
E-mail Address: Bmandev@ci.auburn.wa.us
The Department Program Manager responsible for the management of this Contract is:
Name: Debbie Schuffenhauer
Title: Deputy Director, Washington Service Corps
Telephone Number: 360438-4145
FAX Number: 360-438-3113
---E-mai1 Address: dschuffenhauer@esd:wa.gov
It is the purpose of this Contract to operate a team-based national service program in partnership with the
Washington Service Corps, a member of the AmeriCorps National Service Network.
In consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof,
the parties mutually agree as follows:
STATEMENT OF WORK
The Grantee shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental
to the performance of the work set forth in Exhibit "A", Program Objectives, attached hereto and incorporated herein.
TERMS AND CONDITIONS
All rights and obligations of the parties to this Contract shall be subject to and governed by the Terms and Conditions
contained in the text of this Contract instrument and the General Terms and Conditions attached hereto as Exhibit "E"
and incorporated herein.
Revised April 2002 1 of 4
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Contract shall commence September 1, 2002 and be
completed on August 31, 2003 unless terminated sooner as provided herein.
By law and internal policy contracts must be in writing and cannot have en effective date prior to the date of
execution. Only certain person within the department have been delegated the authority to commit the department
through execution of contracts. Oral agreements, or agreement to commence services prior to the execution of the
contract must be avoided.
The Grantee will comply with requests from the Department including but not limited to status report(s) on activity on
a quarterly basis or as requested by the Corporation for National and Community Service and/or the Washington
Commission for National and Community Service, as well as timely submission of reports including documenting
member attendance and hours of service.
PAYMENT SCHEDULE
The parties have agreed that the total compensation including expenses payable to the Grantee, for satisfactorily
accomplishing the work set forth in Exhibit "A", Program Objectives, will not exceed $25,529. Compensation for
services shall be in accordance with the budget, Exhibit "B", which is attached hereto and incorporated herein.
TRAVEL EXPENSES
The Grantee will be reimbursed for subsistence, lodging and point to point mileage at rates not to exceed those shown
in the current State travel reimbursement rates. Reimbursement by the Department for other travel expenses such as
parking, taxis etc. will be in accordance with applicable receipts and justifications submitted to the Departrnent. All
travel expenses and receipts are to be included in the invoices submitted by the Grantee to the Department.
---BILLING PROCEDURE
1'he Grantee shall submit invoices at least quarterly for services performed under this Contract on an Invoice Voucher
(Form A-19) prepared in duplicate (original and one copy). Invoices shall include such information as is necessary for
the Department to determine the exact nature of all expenditures, identify all personnel for whom compensation is
sought, and goods or services provided to and received by the Department. The Department must receive all invoices
no later than October 15, 2003. Failure by the Grantee to submit the bill by the date specified above may result in
non-payment. The Department shall pay the Grantee for completed and approved work within thirty (30) days of
receipt of invoice.
Each invoice will clearly indicate that it is "FOR SERVICES RENDERED IN PERFORMANCE LJNDER ESD
CONTRACT NUMBER {03-030-G} The original and one copy of each invoice voucher shall be submitted to:
Employment Security Department
Attention: Washington Service Corps
PO Box 9046
Olympia, WA 98507-9046
Payment for work performed shall be made in accordance with Exhibit "A," Program Objectives. Satisfactory
progress towazds accomplishment of program objectives as demonstrated in reports and monitoring must be made or
payment maybe delayed or denied.
Revised April 2002 2 of 4
CONTRACT MANAGEMENT
T'he Department's Program Manager, or his/her successor shall provide the Grantee the assistance and guidance
necessary for the performance of this Contract. T'he DepartmenYs Program Manager shall be responsible for the
review and acceptance of the Grantee's performance, deliverables, invoices and expenses, and accepting any reports
from the Grantee.
ACCEPTANCE
The Department reserves the right to withhold payment of any deliverable contingent upon acceptance of the
deliverable by the Depattment. If defects preventing acceptance of a deliverable are present, the Department shall
immediately notify the Grantee in writing of the nature of the defects and the method of remedy of those defects. The
Grantee will take timely action to remedy defects as to permit acceptance of the subject deliverable. Notwithstanding
the other provisions of this Contract, the Department shall not unreasonably withhold acceptance of a deliverable nor
reimbursement of the Grantee.
CONFORMANCE
If any provision of this Contract is in conflict with or violates any statute or rule of law of the state of Washington, it
is considered modified to conform to that statute or rule of law.
SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid
provision, and to this end the provisions of this Contract are declared to be severable.
ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, unless otherwise provided herein, the inconsistency shall be resolved
---'by giving precedence in the following order:
1) Applicable Federal and State Statutes and Regulations (which may include OMB Circular 133, and Public
Law 104-156 [1996 amendments to the Single Audit Act]);
2) Those Special Terms and Conditions as contained in this basic contract instrument;
3) AmeriCorps Provisions attached hereto as Exhibit "C" and incorporated herein;
4) The General Terms and Conditions attached hereto as Exhibit "B" and incorporated herein;
5) The Pro ram Objectives attached hereto as Exhibit "A" and incorporated herein; and
6) Any other provisions of this Contract whether incorporated by reference or ottierwise.
DEBARMENT AND SUSPENSION
By executing this Contract, the Grantee certifies to the Departrnent that it is not debarred, suspended, or otherwise
excluded from or ineligible for, participation in Federal Assistance programs under Executive Order 12549
"Debarment and Suspension." The Grantee certifies that it will not contract with a subcontractor that is debarred or
suspended.
Revised Apri12002 3 of 4
USE AND DISCLOSURE OF INFORMATION
The Grantee shall use any private and confidential information provided under this Contract solely for the purpose for
which the information was disclosed. The Grantee shall not misuse any private and confidential information under
this Contract. The Grantee shall not disclose any private and confidential information unless the disclosure is
authorized by law. The misuse or unauthorized release of private and confidential information shall subject Grantee,
its employees or agents to a civil penalty of five thousand dollars ($5,000) and other applicable sanctions under state
and federa.l law. .
ALL WRITINGS CONTAINED HEREIN
T'his Contract sets forth in full the entire agreement of the parties in relation to the subject matter hereof. Any other
agreement, representation, or understandings, verbal or otherwise, relating to the professional services of the Grantee
or otherwise dealing in any manner with the subject matter of this Contract is hereby deemed to be null and void and
of no force and effect whatscever. This Contract may be waived, changed, modified, or amended only by written
agreement executed by both of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Contract.
City of Auburn
STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
By:
Peter B. Lewis
Title: ~
Signature:
By: G E. Gallwas
Title: Assistant Commissioner
Signature:
Date:
-
-Date: AuguSt 5'_ 2002
Federal Employer ID Number: 91-6001228
Attachments:
Exhibit "A" Program Objectives
Exhibit "B" Program Budget
Exhibit "C" AmeriCorps Grant Provisions
Exhibit "D" WSC Grant Provisions
Exhibit "E" Employment Security Dept. General Terms and Conditions
Revised Apri12002
4 of 4
AMERICORPS PROGRAM OBJECTIVES SUMMARY FORM Date of Submission 01/08/02 EXHIBIT A
Pleas?tvpe. Please inciude each of the roa~ ram obiective summary statements from Box 6 of the AmeriCorpc Ohjec:tivP Worksheets in tha snar.P hPlnw.
Subfiit this form, not the worksheets, to the Corporation with your program application. If you have more than three objectives in any category, duplicate this
form to record additional objectives.
Legal Applicant: Washington Service Corps Program Cycle: • 2000-03 O 2001-04 O 2002-05
Site Location (City, State): City of Aubum
(for National Direct programs only)
GETTING THINGS DONE
1. AmeriCorps members will help reduce crime by organizing teens into at least two Youth Crime Watch groups and help the participa6ng
teens implement a crime prevention strategy that they design themselves, which will include at least three crime prevention workshops and
routine patrols in and around the participating schools.
2. AmeriCorps will strive to reduce by 25% the absentee rate of students who are at-risk of suspension ftom school, or who are prone to
drop-out of school, due to their classroom behavior, truancy or lack of academic success by helping school district personnel process BECCA
Bill referrals, contacting students and parents, monitoring make-up classes, providing one-on-one tutoring and implementing other strategies to
reduce truancy, disrupfive behavior and tardiness.
3. AmeriCorps members will help reduce youth assaults and violence by organizing and offering at least six human diversity workshops
during the program year that include topics such as unleaming prejudice, mediation, becoming an ally and general social competency skills.
MEMBER DEVELOPMENT
1. 12 AmeriCorps members will complete training activities in AmeriCorps affiliation & program orientation; civic engagement, diversity,
effective communication; life after AmeriCorps, and team building, resulting in 75% of AmeriCorps members indica6ng that the training helped
them be more effec6ve at their service site as measured a Member Development Feedback Form.
2. 12 AmeriCorps members will participate in training and hands-on experiences that will result in 80% of all members completing their term
of service indicating that they have strengthened or reinforced their ethic of service, developed a life long commitment to service, and bonded
to their community, as measured by a Pre- and Post-Service Survey.
3. 12 AmeriCorps members will organize, or assist in organizing, at least one service project_that involves the participation of non-
AmeriCorps volunteers and provides a service to the community. Through this experience, the AmeriCorps member will learn how to mobilize
community resources and facilitate a project. These skills will improve the member's service ethic.
STRENGTHENING COMMUNITIES
1. AmeriCorps members will recruit 50 non-AmeriCorps member volunteers to participate in local and national service projects in education,
environment, human service or public safety issue areas that will bond volunteers to the community and result in 500 hours of service, as
measured by a Volunteer Sign-In Sheet.
2. To reduce duplication of services, enhance service delivery, and build stronger 6es, we will collaborate with National Service Programs
and traditional volunteer organizations at least twice each quarter to improve the local, regional or statewide capacity to provide service,
develop members, or share resources, as recorded on Organization Contact Sheets.
3. In collaboration with a local community organization, AmeriCorps members will design, implement, and evaluate at least one civic
engagement project using a service leaming approach. Seventy-five percent (75%) of the youth involved will demonstrate a greater
understanding of and involvement in the civic life of their communities as measured by a Youth Ci6zenship Survey. Seventy-five percent
(75%) of the service recipients will report a high level of sa6sfaction with the services as measured by a Community Impact Suroey.
OMB Control No. 3045-0047 Expiration Date: 2/28/03
Exhibit B
PROJECT BUDGET • - AMERICORPS
Applicant Name: Washington State Employment Security Department - WSC
Program Name: Washington Service Corps - Aubum's Neighborhood Program
A. MEMBER SUPPORT COSTS
living Allowance Type Local Match -
Living Number of 51000 per full
Corporation Shsre
Allowance Membera time member
(Mazimum 85%)
Grantee Share
Total
1 Year FI' Leader 925 I 1,000
1 Year FI' Member 825 7 7,000
1 Year P7' 413 4 2,000
Summer
Subtotal 10.00 10,000
FICA (7.65%)
Workers' Compensation (2%)
Health Care (S50 per month)
Section total
10.00
10,000
S0
SO
$0
B.
OTHER MEMBER SUPPORT COSTS
Training and Education
$3,168
s0
$3,168
(please specify in budgel nasrative) Other
$0
s0
s0
Subtotal
S3,168
s0
$3,168
C.
STAFF
Salaries
$18,000
$46,200
$64,200
Benefits
$O
s0
s0
Training
s0
$500
$500
(please specify in budget nanative) Other
$0
s0
s0
Subtotal
518.6U0
S46;700
_ S64,700
D.
OPERATING COSTS
Travel
• s0
$1,000
$1,000
Supplies
$3,111
52,120
$5,231
Local Transportation
51,250
s0
$1,250
(no greater than 10% ofA through F) Equipment
s0
$0
SO
(please specify in budget nanative) Other
SO
51,500
$1,500
Subtotai
$4,361
S4,620
58,981
E.
INTERNAL EVALUATION
So
7
'T,ooo
$7,000
F.
ADMINiSTRATION
Program/Operating Site
~ SO
55,000
55,000
G. TOTAL PROGRAM OPERATING COSTS (B - F) $25,529 +F $63,320 = 588,849
H. TOTAL OPERATiNG SITE BUDGET (A+G) $88,849
L AVERAGE COST PER MEMBER S2>553 56,332 $8,885
Exhibit B
Applicant Name: City of Auburn
Program Name: Auburn's Neighborhood Program
BUDGET NARRATIVE
B. OTHER MEMBER SUPPORT COSTS 3,168 0 3,168
Training and Education 3,168 0 3,168
{ Four team tra'viing workshops at $500 each plus
individual member training for full time members at $250
each.}
Other
0
C. STAFF 18,000 46,700 64,700
Salaries & Benefits 18,000 46,200 64,200
0.25 F'TE Planner 0 14,000 14,000
{400 Ms of program management at a cost of $35 per hout.
Progam management includes providing training,
organizing workshops and events, negotiating the placment
of inembers, recruitiment & performance appraisal.}
0.50 FTE Team Supervisor 18,000 0 18,000
{900 hrs of contracted services at a cost of $20 per hour.
Services include supervision & training of Americorps
members_ }
0.25 FTE Site Supervision 0 25,200 25,200
1360 hrsof supervision at each Middle School at a cost of
-
$25 per hour plus beneSts (30%) & administrative overhead
of 10%}
0.10 FTE AHS Site Supervision 0 7,000 7,000
{200 hrs ofsupervision at the High School at a cosl of $25
per hout plus benefits (301/9) & adminis1rative overhead
(10%)}
Benefits 0 0 0
{Benefits aze included in ihe above houfly calculations at
approximately 20%}
Training 0 500 500
{ City will budget sending the Planner to two training
conferences at $250 per conference.}
Other 0 0
Exhibit B
D.OPERATIONAL 4,361 4,620 8,981
Travel 0 1,000 1,000
{Team travel expenses to SERVES Institutes at approx
$500 per conference. }
Supplies 3,111 2,120 5,231
{Each member is budgeted approx $154.50 for non-durable
operating supplies and S33 for service gear. Local costs
include $35 per member for local uniform, 100 per member
for supplies and 500 for computer software}
Transportation 1,250 0 1,250
{Reimbursable iravel of approximately 7,000 miles at
$0.315 / mile.}
Equipment 0 0 0
Other 0 1,500 1,500
{Contraded services hired lo conduct events & activities
necessary to accomplish AmeriCorps service objectives.}
E. INTERNAL EVALUATION 0 7,000 7,000
0.10 Planner 0 7,000 7,000
{200 hrs ofstaffiime to cotlect and compile data, analyte,
monitor and repoR ihe progess of ihe AmeriCorps Teazn at
F. ADMINISTRATION
0 5,000
5,000
Indirect Admin costs
communication
2,000
2,000
advertising
1,000
1,000
insurance
2,000
2,000
Summary of Total Costs
Member Support
- Staff Support
Operadng Costs
Internal Evaluation
Administration
3,168 0 3,168
18,000 46,700 64,700
4,361 4,620 8,981
0 7,000 7,000
0 5,000 5,000
Total Operating Budget
25,529 63,320 88,849
0
Cost Per Member:
2,553 6,332 8,885
Cost Per Member: City Only
3,112
Cost Per Member: Partner Only
3,220
~ ! '
le I
Key Changes to 2001 AmeriCorps Provisions
Section 8-Terms of Service
a) The definition of a part time member has been revised to clarify that a member
must serve 900 hours within a one or two year period. Removes a reference to
part-time members attending an institution of higher education.
b) New language clarifying service in a second or subseyuent term has been added
including language stating there is no automatic disqualification of inembers who
have been reIeased for cause.
Section 9-Itelease from Participation
c) Resumption of service - The second paragraph requiring individuals who have
been released for cause to disclose that fact when applying to a program has been
moved to Section 8. Section 10-Minor Disciplinary Actions
b) Fines - New language clarifies that fines may be deducted from the portion of the
living allowance paid by non-federal funds.
Section 11-Living Allowances. Other In-Semce Benefits and Taxes
d(iv) Removes the requirement that state commissions coordinate the determination
of a states' requirement to pay unemployment insurance for members with the
Corporation's General Counsel. •
Section 13-Matching Requirements
c) Cost share-The language has been revised for clarity.
Section 15-~udget and Programmatic Changes
.,y A dan4anguage--c4arifying-whc"-gca~ttee-ne.ds.erperatior~-a~prevalift~r
category transfer that exceeds 10% of the total budget.
Section 16-Reporting Requirements
a) Financial Status and Progress Reports Adds language that the grantee sets its
own sub-grantee reporting requirements, is responsible for reviewing and
monitoring those reports and that one Grantee Progress Report is due annually.
Clarifies that the Final Progress Report and Final Financial Status Report are due
within 90 days of the end of the grant.
The requirement for an Annual Accomplishment Report has been removed.
Section 28-Liabiliiy and Safety Issues
Member Safety- Removed reference that public safety and other programs posing a
significant risk to members must adhere to applicable provisions of safety protocol issued
b.y CNS and found in the Proiect Directors manual.
Final June 28, 2001
Exhibit "D„
Washington Service Corps
Special Conditions
Program Year 2002-2003
A. Cash Match Payment Information: The conditions of this contract require the sponsor
agency to contribute $1,000 per full-time national service member and $500 per part-
time national service member that was awarded to the sponsor agency. Cash match is
not assessed for reduced part-time members. The cash match payment amount is
reflected on the contract budget sheet and is based on awarded slots. Full payment of
this amount is due by December 31, 2002. Checks for cash match must be payable to
the Employment Security Department and sent to the following address:
Employment Security Department
Washington Service Corps
P.O. Box 9046
Olympia, Washington 98507-9046
Match will be refunded by April 15, 2003, for slots that were never filled or for members
that terminated within 30 days of their start date. It is not necessary to request a refund.
A refund will be sent to you if applicable.
B. Submittal of Invoices: The request for reimbursement and the in-kind match
invoice are submitted together, on at least a quarterly basis. The expenditure of
federal funds requires a corresponding expenditure of in-kind for the invoice period,
in the same ratio reflected on the budget sheet. A Request for Reimbursement will
not be approved for payment in the absence of a corresponding In-kind Match
Invoice. -I.---Reques or eimiursemen-t:- A-F~eque-s-"or-R-eimbursemen as ree
elements:
• State of Washington A-19 Invoice Voucher;
• WSC "Back-up for Billing" expense report, reflecting total budget and
summarizing expenditures to date and expenditures for the current period
and;
• The source accounting report generated from the subcontractors
accounting system, documenting expenditures for the current period.
II. In-kind Match Invoices are submitted on a WSC "In-Kind Match Report"
reflecting total match budget and summarizing match contributions to date
and match contributions for the current period. In-kind invoice vouchers
documenting contributions for the current period should be attached. (see
WSC Policy #7, entitled °Documenting and Reporting In-kind Contributions"
for more detail).
In-kind contributions, including cash and third party in-kind, will be accepted
as part of the grantee share of operating costs if the fotlowing criteria are met:
• Verifiable from grantee records;
• Not included as a contribution for any other federally assisted program;
• Are necessary and reasonable; and
• Are allowable under cost principles.
Exhibit "D"
In-kind contributions are documented on an In-Kind Receipt Voucher and
must include the following:
• Name of project receiving the in-kind
• Donor name and address
• Date contributed
• Value of contribution
• Description of services
• Basis for valuation (fair market value, or what it would have cost if the
grantee had paid for the item or service itselfl
• Signature of Donor
• Project supervisor signature to authorize and apply line item coding.
111. Final Invoices: Final invoices for the contract period are due no later than
October 15, 2003.
C. Contract Modifications: Prior written approval is required for significant program,
budgetary or organizational changes. Example are included below:
• Changes in scope or goals of the project
• The extended absence of the project director or any other key designated
official
• The appointment of a new project director
• Changes in the start and end date of a grant
• Decisions to sub-grant or sub-contract out a project activity not previously
contemplated or approved
• Significant reductions in match commitment
• Purchases of equipment not previously specified in the grant budget
• Movement of funds between budget categories
• Over expenditure of a budget line item by more than ten percent
A line item may be overspent by as much as ten percent, if the over expenditure can be
managed within the cost category, i.e., an offsetting reduction in another line item to
keep to bottom line of the category unchanged/within budget. Under this circumstance,
a budget modification is not necessary. If a site expects to overspend a line item by
more than 10% of that line item, a modification is needed, even if the change is
managed within the cost category.
D. National Service Identity: Members of the WSC are required to wear national service
identity items whenever they are engaged in national service sponsored activities or
official business. As community leaders and role models, members are responsible for
being well-groomed and maintaining a positive public image of the WSC and
AmeriCorps. Supervisors will ensure that members are issued service gear and dress
appropriately for each day's tasks, as determined by the project director. (Refer to the
Member Contract and WSC policy #2 "Service Gear and Grooming Standards" for
additional guidelines related to member service gear).
E. Submission of National Service Forms: To ensure the WSC is in compliance with
Corporation for National Service regulations related to use of the web-based reporting
system, the following due dates have been established.
Exhibit "D"
1. Enrollment: The National Service Enrollment Form and all required
documentation must be submitted to the WSC within three (3) work days after a
member is enrolled in your project. The member is not considered enrolled until the
WSC has received and reviewed all documentation. Missing or incomplete
documents delay enrollments until the next window.
11. End of Term of Service: The End of Term of Service Form must be submitted
within five (5) work days after an AmeriCorps member exits from your project.
111. Change of Status: All formal requests to change an AmeriCorps member's
status (i.e., full-time to part-time, transfer to or from another AmeriCorps program)
must include a Change of Status Form and a written request from the project director
with a full explanation for this request. All requests will be reviewed by the WSC and
forwarded to the Washington State Commission for National and Community Service
for approval.
F. Out of State Travel Authorization: All out of state travel for project staff or AmeriCorps
members must be approved by the WSC prior to any travel-related expenses being
incurred. Documentation must contain the purpose of the trip and how it relates to the
employee's position or member's service assignment, a description of the expected
benefits, and an estimation of all travel-related costs. Note: It is unusual for members
to be sent out of state for training purposes as most resources can be obtained in state.
(Travel to border towns such as Portfand, Oregon and Moscow, Idaho is not considered
out of state.)
G. National Service Network Involvement: Project directors are required to attend
training and technical assistance meetings held on average of twice per program
year. In the event the project director is unable to attend, a request to be excused
from the meeting must be sent to your Program Coordinator as soon as possible.
Your agency must seek prior approval of the WSC if another agency representative
will attend. AmeriCorps members shall not represent their project director at these
meetings.
All projeet directors will actively help to implement the Unified State Plan within the
geographic area that they serve. This should involve collaboration with neighboring
AmeriCorps or other streams of national service on issues such as recruitment,
training, and member identity events.
H. Member Participation in National Service Events: It is an expectation that
AmeriCorps members will participate in the planning and coordination of statewide
national service events such as Make a Difference Day, Martin Luther King, Jr. Day
of Service, and National Volunteer Week. The project supervisor should support
and encourage member involvement in the Northwest Leader Corps and InterCorps
CounciL I. ROLES Reporting: Each site is required to utilize the Reporting On-Line Evaluation
System (known as ROLES) to track progress toward achieving the goals of its direct
service, community strengthening and member development objectives, and to
complete semi-annual progress reports.
Exhibit "Dn
1. Evaluation Plan: Each site must enter its evaluation plan into the ROLES
system no later than October 31, 2002. Copies of all evaluation tools and
instruments must be provided to Washington Service Corps before the evaluation
plan will be approved.
11. Progress Report: Each site is required to complete its semi-annual progress
report using the ROLES system. Report due dates are: March 25, 2003, and
September 30, 2003. Early submission of progress reports is strongly
encouraged.
J. Meals, Coffee and Light Refreshments: The project director may approve serving
meals, coffee and light refreshments in the conduct of official business at certain
AmeriCorps-sponsored meetings. This authority is not intended for use with the
normal daily business of employees or officials, but rather for special situations or
occasions where the purpose of the meeting is to conduct AmeriCorps business,
provide formal training sessions that benefit the program, or recognize program or
member accomplishments.
1. Coffee and Light Refreshments must be an integral part of the meeting. The
project director must document the expenditures for coffee and/or light refreshments.
The documentation must provide support for the expenditure, including the meeting
purpose, agenda and names of the persons attending the meeting.
II. Working Lunch: A working lunch as an integral part of a meeting agenda is an
allowable cost. The cost per person for a working lunch should not exceed the daily
meal allowance for the project area. The project director must document the
expenditures for a working lunch. The documentation must provide support for the
expenditure, including the meeting purpose, agenda and names of the persons
attending the meeting.
II1. Graduation Ceremonies: In recognition of inembers completing their term of
service, a graduation ceremony at the end of the program year is considered an
allowable activity. The cost of a meal for a member may be included as an integral
part of an event recognizing members. All costs of the ceremony should be
necessary and reasonable, with a modest and conservative approach taken in the
planning. Contribution and donations are strongly encouraged and the costs of the
ceremony should be allocated across all benefiting programs. The project director
must document the expenditures for a graduation ceremony. The documentation
should provide support for the expenditure, including a ceremony agenda and list of
attendees.
K. Member Recognition and Graduation Ceremonies:
In planning for member recognition and graduation ceremonies, it is important to
note that these events should take place at the local level. Service occurs locally
and should be recognized locally. Recognition and graduation ceremonies involving
travel out of state, ovemight expenses or transportation outside the local service
area are not allowable costs under this grant and will not be reimbursed.
The project director is expected to be aware of public perception in the planning of
team building activities and graduation ceremonies. Activities taking place in public
should avoid the appearance of utilizing federal funds to provide entertainment to
Exhibit "D"
AmeriCorps members. Even when federal funds are not used to support a
recognition activity, public perception is a valid concern. Activities focusing on
member recognition should be modest, conservative and occur in a venue avoiding
the appearance of entertainment. All costs should be necessary and reasonable.
Providing entertainment to members or support to recreational activities is not
allowable under this federal grant. Local contributions and donations are strongly
encouraged and should be well documented. Allowable costs for team building
activities and graduation ceremonies should be allocated across all benefiting
programs.
EXHIBIT E
GENERAL TERMS AND CONDITIONS
INDEX
ITEM
PAGES
PART I - DEFINITIONS ..............................................................................................................2
PART
II - GENERAL CONDITIONS ............................................................................................3
A.
ACCEPTANCE .................................................................................................................3
B.
ACCESS TO RECORDS AND FACILITIES / AUDITS ......................................................3
C.
ADVANCE PAYMENTS PROHIBITED .............................................................................3
D.
ASSIGNMENT
.3
E.
ASSURANCES ................................................................................................................3
F.
ATTORNEY FEES AND COSTS ......................................................................................4
G.
CHANGES AND MODIFICATIONS ..................................................................................4
H.
COMMENCEMENT OF CONTRACT WORK ...................................................................5
1.
CONFLICT OF INTEREST ...............................................................................................5
J.
CONFORMANCE .............................................................................................................6
K.
CONTRACTOR REGISTRATION ....................................................................................6
L.
COPYRIGHT PROVISIONS .............................................................................................6
M.
COVENANT AGAINST CONTINGENT FEES ..................................................................7
N.
DEBARMENT AND SUSPENSION ..................................................................................7
0.
DISALLOWED COSTS .................................................................:..................................7
P.
DISPUTES .......................................................................................................................7
Q.
DUPLICATION OF BILLED COSTS .................................................................................7
R.
GOVERNING LAW ..........................................................................................................7
S.
INDEMNIFICATION, INSURANCE AND BONDING .........................................................8
T.
INDEPENDENT CAPACITY OF CONTRACTOR .............................................................9
U.
INDUSTRIAL INSURANCE COVERAGE .........................................................................9
V. _
LIGENSING AND ACCREDtTAT10N .
'10_
W.
LIMITATION OF SIGNATURE AUTHORITY
10
X.
LOBBYING ACTIVITIES
10
Y.
MAINTENANCE OF EFFORT
10
Z.
NONDISCRIMINATION
10
AA.
PATENT RIGHTS
11
BB.
PELL GRANTS
12
CC.
PRICE WARRANT
12
DD.
RECORD RETENTION
12
EE.
SAFEGUARDING OF CLIENT INFORMATION
12
FF.
SEVERABILITY
12
GG.
SINGLE AUDIT ACT REQUIREMENTS
13
HH.
SITE SECURITY
13
II.
SMALL, MINORITY, AND WOMEN-OWNED BUSINESS ENTERPRISES
13
JJ.
SUBCONTRACTING
13
KK.
TAXES
14
LL.
TERMINATION, SUSPENSION AND REMEDIES
14
MM.
TERMINATION PROCEDURE
15
NN.
TREATMENT OF ASSETS
16
00.
USE OF NAME PROHIBITED
16
PP.
WAIVER
16
EQUA
L OPPORTUNITY IS THE LAW
17
Revised Aprii 2002 1 of 17
GENERAL TERMS AND CONDITIONS
PART I - DEFIIVITIONS
As used throughout this Contract, the following terms shall have the meanings set forth below.
A. "CLIENT' shall mean any agency, firm, organization, individual or other enfity applying for
or receiving services under this Contract.
B. "CONTRACTOR" shall mean that agency, firm, organization, individual or other entity
performing services under this Contract. It shall include any SUBCONTRACTOR retained
by the prime contractor as permitted under the terms of this Contract.
C. "AGENCY" shall mean the Employment Security Department of the state of Washington,
any division, section, office, unit or other entity of that Agency or any of the officers or other
officials lawfully representing the Agency.
D. "MINORITY BUSINESS ENTERPRISE," "MINORITY-OWNED BUSINESS ENTERPRISE,"
or "MBE" shall mean a business organized for profit, performing a commercially useful
function, which is legitimately owned and controlled by one or more minority individuals or
minority business enterprises certified by the Office of Minority and Women's Business
Enterprises. The minority owners must be United States citizens or lawful permanent
residents.
E. "SUBCONTRACTOR" shall mean one, not in the employment of the Contractor, who is
performing all or part of those services under this Contract under Contract from the
CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" mean
_ SUBCONTRACT(s)_in any tier.
F. "WOMEN'S BUSINESS ENTERPRISE," "WOMEN-OWNED BUSINESS ENTERPRISE,"
or "WBE" shall mean a business organized for profit, performing a commercially useful
function, which is legitimately owned and controlled by one or more women or women's
business enterprises certified by the Office of Minority and Women's Business Enterprises.
The women owners must be United States citizens or lawFul permanent residents.
Revised April 2002 2 of 17
PART II - GENERAL CONDITIONS
A. ACCEPTANCE
It is understood and agreed by and between the Agency and the Contractor that the
Contractor's payment is conditioned upon satisfactory performance and acceptance by
the Agency. The Agency reserves the right to withhold payment of any deliverable
contingent upon acceptance of the deliverable by the Agency. If defects preventing
acceptance of a deliverable are present, the Agency shall immediately notify the
Contractor in writing of the nature of the defects and the method of remedy of those
defects. The Contractor will take timely action to remedy defects as to permit
acceptance of the subject deliverable. Notwithstanding the other provisions of this
Contract, the Agency shall not unreasonably withhold acceptance of a deliverable nor
reimbursement of the Contractor.
B. ACCESS TO RECORDS AND FACILITIES / AUDITS
The Office of the State Auditor, federal auditors, and any persons duly authorized by the
Agency shall have full access to and the right to examine and copy any or all books,
records, documents and other material regardless of form or type which are pertinent to the
perfonnance of this Contract, or reflect all direct and indirect costs of any nature expended
in the performance of this Contract. In addition, these entities shall have the right to
access, examine and inspect any site where any phase of the program is being conducted,
controlled or advanced in any way. Such sites may include the home office, any branch
office, or other locations of the Contractor. The Contractor shall maintain its records and
accounts in such a way as to facilitate the audit and examination, and assure that
Subcontractors also maintain records that are auditable. Access shall be at all reasonable
_ times during the record_r_eten#ion period and_at_no_astditional_cost_fQ_theAgency_
C. ADVANCE PAYMENTS PROHIBITED
No payment in advance or in anticipation of services or supplies to be provided by this
Contract shall be made by the Agency. In cost reimbursement contracts, the Contractor
shall be entitled only to reimbursement for expenses incurred during the contract period for
work accomplished as provided elsewhere in this Contract. In fixed unit price contracts, the
Contractor shall be entitled only to payment for work accomplished during the contract
period and in accordance with the terms of this Contract.
D. ASSIGNMENT
The work to be provided under this Contract, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without Ihe express prior written
consent of the other party, which consent shall not be unreasonably withheld.
E. ASSURANCES
The Agency and the Contractor agree that all activity pursuant to this Contract will be in
accordance with all applicable current or future federal, state or local laws, rules and
regulations.
Revised April 2002 3 of 17
If this Contract is funded by the Workforce Investment Act (WIA), the Contractor shall
conduct the program in accordance with the existing or hereafter amended WIA, the U.S.
Department of Labor's regulations relating to WIA, and the Washington State WIA
Provisions.
Assurances Under Title 1 of WIA
As a condition to the award of financial assistance from the Department of Labor under Title
I of WIA, the grant applicant assures that it will comply fully with the nondiscrimination and
equal opportunity provisions of the following laws:
Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits
discrimination against all individuals in the United States on the basis of race, color,
religion, sex, national origin, age, disability, political affiliation or belief, and against
beneficiaries on the basis of either citizenship status as a lawfully admitted immigrant
authorized to work in the United States, or participation in any WIA Title I- financially
assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination
on the bases of race, color and national origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against qualified individuals with disabilities;
The Age Discrimination Act of 1975, as amended, which prohibits discrimination on
the basis of age; and
Title IX of the Education Amendments of 1972, as amended, which prohibits
,
discrimination on the basis of sex in educat _ ional programs.
The grant applicant also assures that it will comply with 29 CFR part 37 and all
other regulations implementing the laws listed above. This assurance applies to the grant
applicant's operation of the WlA Title I- financially assisted program or activity, and to all
agreements the grant applicant makes to carry out the WIA Title I- financially assisted
program or activity. The grant applicant understands that the United States has the right to
seek judicial enforcement of this assurance.
F. ATTORNEY FEES AND COSTS
If any litigation is brought to enforce this Contract or any litigation arises out of any contract
term, clause or provision, each party shall be responsibte for its own expenses, costs and
attomey fees.
G. CHANGES AND MODIFICATIONS
1. The Agency or Contractor may, from time to time, request changes in the services
to be performed, or in the project undertaken. Such changes, including any
increase or decrease in the amount of payment or reimbursement, which are
mutually agreed upon by and between the Agency and the Contractor shall be
incorporated in written modifications to this Contract.
Revised April 2002 4 of 17
2. The Contractor may make changes to the budget, without a formal modification to
the contract and without securing the prior approval of the Agency, under the
following conditions:
a. The revisions must not result in the need for additional funding.
b. Such changes must not alter the scope of the Contract's Statement of Work
and must not be prohibited by applicable federal or state statutes or
regulations.
c. No transfers are allowed from the training category or direct payments to
trainees to other expense categories without a formal contract modification.
d. The Contractor may vary actual expenditures within the major cost
categories of the budget without securing the prior approval of the Agency
when such variances do not exceed ten percent (10%) of the total costs
originally budgeted in that category. Such variances may be between line
items only and may not alter the total amount of money originally budgeted
in the major cost category. The Contractor will send written notices of such
changes to the Agency.
3. Alteration of the terms of this Contract shall be valid only when in writing and
signed by the authorized representatives of the parties.
H. COMMENCEMENT OF CONTRACT WORK
Unless specifically exempted, the state of Washington Office of Financial Management
(OFM) requires that all sole source personaf service contracts and amendments thereto
and competitively bid personal service contracts for management consulting, organizational
development, marketing, communications, employee training and employee recruiting be
approved by OFM to become binding. The personal service contract and amendments
thereto must be filed with OFM at least ten (10) working days prior to the effective date. No
work may be performed nor any payment be rendered or obligation for future payment be
incurred prior to the completion of the ten (10) working day period and approval of OFM.
1. CONFLICT OF INTEREST
Nofinrithstanding any determination by the Executive Ethics Board or other tribunal, the
Agency may, in its sole discretion, by written notice to the Contractor terminate this
Contract if it is found after due notice and examination by the Agency that there is a
violation of the Ethics in Public Service Act, RCW 42.52, or any similar statute involving the
Contractor in the procurement of, or performance under, this Contract.
In the event this Contract is terminated as provided above, the Agency shall be entitled to
pursue the same remedies against the Contractor as it could pursue in the event of a
breach of this Contract by the Contractor. The rights and remedies of the Agency provided
for in this clause shall not be exclusive and are in addition to any other rights and remedies
provided by law. The existence of facts upon which the Agency makes any determination
under this clause shall be an issue and may be reviewed as provided in the "DISPUTES°
clause of this Contract.
Revised April 2002 5 of 17
J. CONFORMANCE
If any provision of this Contract is in conflict with or violates any statute or rule of law of the
state of Washington, it is considered modified to conform to that statute or rule of law.
K. CONTRACTOR REGISTRATION
The Contractor agrees to complete registration with the Department of Revenue,
Department of Labor and Industries New Account Division and Employment Security Tax
Administration by having filed a master business application prior to the execution of this
Contract and to pay any taxes, fees, or deposits required by the state as a condition of
providing services under this Contract. Contractor will provide the Agency with its
Washington Unified Business Identifier (UBI) number and its Washington Department of
Revenue tax account number, and, if applicable, its Labor and Industries account number
and its Unemployment Insurance tax number, if registration with these agencies occurred
prior to January 2, 1987. Required information will be provided prior to the Contractor
commencing services under this Contract.
L. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered
"works for hire° as defined by the U.S. Copyright Act and shall be owned by the Agency.
The Agency shall be considered the author of such Materials. In the event the Materials
are not considered "works for hire° under the U.S. Copyright Laws, Contractor hereby
irrevocably assigns all right, title, and interest in Materials, including all intellectual property
rights, to the Agency effective from the moment of creation of such Materials.
Materials -means all items in any format and includes, but is not limited to,_ data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer
programs, films, tapes, and/or sound reproductions. Ownership includes the right to
copyright, patent, register and the ability to transfer these rights.
For Materials that are delivered under this Contract, but that incorporate preexisting
materials not produced under this Contract, Contractor hereby grants to the Agency a
nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such
Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and
publicly display. The Contractor warrants and represents that Contractor has all rights and
permissions, including intellectual property rights, moral rights and rights of publicity,
necessary to grant such a license to the Agency.
The Contractor shall exert all reasonable effort to advise the Agency, at the time of delivery
of data fumished under this Contract, of all known or potential invasions of privacy
contained therein and of any portion of such document which was not produced in the
performance of this Contract. The Agency shall receive prompt written notice of each
notice or claim of infringement received by the Contractor with respect to any data delivered
under this Contract. The Agency shall have the right to modify or remove any restrictive
markings placed upon the data by the Contractor.
Revised April 2002 6 of 17
M. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agent has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agent maintained by the Contractor for the purpose of securing business.
The Agency shall have the right, in the event of breach of this clause by the Contractor,
to annul this Contract without liability or, in its discretion, to deduct from the contract
price or consideration or otherwise recover by other means the full amount of such
commission, percentage, brokerage or contingent fees. In no event shall the Agency be
liable for any brokerage or contingent fees.
N. DEBARMENT AND SUSPENSION
By executing this Contract, the Contractor certifies to the Department that neither it or its
principals are presently debaRed, declared ineligible, or voluntarily excluded from
participation in any transactions by any federal agency or department under Executive
Order 12549 °Debannent and Suspension." The Contractor certifies that it will not contracf
with a Subcontractor that is debarred or suspended.
0. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization or that of its Subcontractors.
P. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, the parties agree to participate in a
mediation in good faith. The mediator shall be chosen by agreement of the parties. If
the parties cannot agree on a mediator, the parties shall use a mediation service that
selects the mediator for the parties. Nothing in this Contract shall be construed to limit
the parties' choice of a mutually acceptable alternative resolution method such as a
disputes hearing, a Dispute Resolution Board, or arbitration.
Q. DUPLICATION OF BILLED COSTS
The Contractor shall not bill the Agency for costs if the Contractor is being paid by another
funding source for those same costs. Workforce Investment Act (WIA) costs are defined as
any (1) administration, (2) direct training or (3) training related or supportive service
charges.
R. GOVERNING LAW
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington and the venue of any action brought hereunder shall be in the Superior Court
for Thurston County.
Revised April 2002 7 of 17
S. INDEMNIFICATION, INSURANCE AND BONDING
1. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold
harmless the state of Washington, the Agency, and all officials, agents, and
employees of State, from and against all claims for injuries or death arising out of or
resulting from the performance of this Contract. Contractor's obligation to indemnify,
defend, and hold harmless includes any claim by Contractor's agents, employees,
representatives, or any Subcontractor, or its employees.
Contractor expressly agrees to indemnify, defend, and hold harmless the State for
any claim arising out of or incident to Contractor's or any Subcontractor's
performance of failure to perform this Contract. Contractor's obligation to indemnify,
defend and hold harmless the State shall not be eliminated or reduced by any actual
or alleged concurrent negligence of State or its agents, agencies, employees or
officials.
Contractor waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend and hold harmless State and its agencies, officials, agents or
employees.
2. The Contractor shall provide insurance coverage, which shall be maintained in full force
and effect during the term of this Contract, as follows:
a. Commercial General Liabilitv Insurance Policv. Provide a Commercial General
Liability Insurance Policy, including contractual liability, in adequate quantity to
protect against legal liability arising out of Contract activity but no less than
$1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring
that any Subcontractors provide adequate insurance coverage for the activities
arising out of subcontracts.
b. Automobile Liabilitv. In the event that services delivered pursuant to this Contract
involve the use of vehicles, either owned or unowned by the Contractor, automobile
liability insurance shall be required. The minimum limit for automobile liability is:
$1,000,000 per occurrence, using a Combined Single Limit for bodily injury and
property damage
c. The insurance required shall be issued by an insurance company/ies authorized to
do business within the state of Washington, and shall name the state of
Washington, its agents and employees as additional insureds under the insurance
policy/policies. All policies shall be primary to any other valid and collectable
insurance. Contractor shall instruct the insurers to give Agency thirty (30) days'
advance notice of any insurance cancellation.
3. In the event the Contractor has been designated an agent for receiving or disbursing
funds from the Agency, or where the Contractor has been fumished property in which
the Agency has title in order to perform the responsibilities under this Contract, the
Contractor shall ensure that:
a. Every officer, director or employee who is authorized to act on behalf of the
Contractor or any Subcontractors for the purpose of receiving or depositing funds
Revised April 2002 8 of 17
into program accounts or issuing financial documents, checks or other instruments
of payment for program costs is bonded to provide protection against loss.
1) Fiduciary bonding secured pursuant to this Contract must have coverage of
$100,000 or the highest planned advance or reimbursement for the program
year.
2) The Agency will require proof of fiduciary bonding and insurance coverage. The
Contractor will provide copies of bonding and insurance instruments or
certifications of same from the bonding/ insurance issuing agency. The copies
or certifications will show the bonding or insurance coverage, who is covered,
and the amounts.
4. If self-insured, the Contractor warrants that it will maintain coverage sufficient to
cover any liability specified above that may arise from the performance of this
Contract, and that the Contractor's Risk Officer or appropriate individual will provide
to the Agency evidence of such insurance.
5. The Contractor will provide the Agency with a copy of the applicable insurance
facesheet(s) or certification of self-insurance reflecting these coverage's and limits
defined in this section. Insurance coverage(s) must be effective no later than the
effective date of this Contract and for the term of this Contract. Contractor shall
submit renewat certificates as appropriate during the term of this Contract.
T. INDEPENDENT CAPACITY OF CONTRACTOR
The parties intend that an independent Contractor relationship will be created by this
Contract. The Contractor and his or her employees or agents performing under this
Contract are not employees or agents of the Agency. The Contractor will not hold
imse /herse out as, nor claim to be an officer or employee of, the Agency or of the sfate
of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or
benefit which would accrue to such employee under law. Conduct and control of the work
will be solely with the Contractor.
U. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or
penafties on behalf of its employees as may be required by law, Agency may collect from
the Contractor the full amount payable to the Industriaf Insurance accident fund.
The Agency may:
• Deduct the amount owed by the Contractor to the accident fund from the amount
payable to the Contractor by Agency under this Contract; and
• Transmit the deducted amount to the Department of Labor and Industries (L&I),
Division of Insurance Services.
This provision does not waive any of L&I's right to collect from the Contractor.
Revised April 2002 9 of 17
V. LICENSING AND ACCREDITATION
The Contractor shall comply with all applicable local, state, and federal licensing,
accreditation, and registration requirements/standards, necessary for the performance of
this Contract.
W. LIMITATION OF SIGNATURE AUTHORITY
Only the Commissioner or Commissioner's delegate by writing (delegation to be made prior
to action) shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this Contract is not effective or binding
unless made in writing and signed by the Commissioner or Commissioner's delegate.
X. LOBBYING ACTIVITIES
If this Contract is valued at $100,000 or more, the Contractor shall provide certification of
compliance with 29 CFR 93 regulations, which restrict lobbying. The Contractor shall also
provide required disclosure information if the Contractor participates in lobbying activities
during the Contract period.
Y. MAINTENANCE OF EFFORT
The Contractor shall ensure the following:
• That funds for training programs do not impair existing contracts for services, or result
in the substitution of Federal funds for other funds in connection with work to be
performed, including services normally provided by temporary, part-time or seasonal
workers, or through subcontracting such services; and
• That funds for training programs result in an increase in employment and training
opportunities over those which would othervvise be available.
Z. NONDISCRIMINATION
No individual shall be excluded from participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the administration of or in connection
with, any such program or activity funded in whole or in part by this Contract on the basis
of race, color, religion, sex, national origin, age, disability, political affiliation or belief; and
against any beneficiary of programs financially assisted under Title I of the Workforce
Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a
lawfully admitted immigrant authorized to work in the United States, or his or her
participation in any WIA Title I-financially assisted program or activity.
The Contractor shall comply with the nondiscrimination and equal opportunity laws
described in Section 188 of WIA of 1998, including 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, Title IX of the Education Amendments of 1972; and the
Americans with Disabilities Act of 1990.
Revised April 2002 10 of 17
The Contractor must not discriminate in any of the following areas:
Deciding who will be admitted, or have access, to any WIA Title I- financially
assisted program or activity;
Providing opportunities in, or treating any person in regard to, such a program or
activity; or
Making employment decision in the administration of, or in connection with, such a
program or activity.
The Contractor also ensures that it will comply with 29 CFR, Part 37; including the
Methods of Administration (MOA) developed by the state of Washington Employment
Security Department and any WIA policies and procedures issued.
The Contractor shall promptly notify the State Equal Opportunity (EO) Officer at the
Employment Security Department of any administrative enforcement actions or lawsuits
filed against it alleging discrimination on the grounds of race, color, religion, sex, national
origin, age, disability, or political affiliation or belief; and against any beneficiary of
programs financially assisted under Title I of the Workforce Investment Act of 1998
(WIA), on the basis of the beneficiary's citizenship/status as a lawfully admitted
immigrant authorized to work in the United States, or his or her participation in any WIA
Title I-financially assisted program or activity. The State EO Officer will notify the
Director, Civil Rights Center (CRC), Office of the Assistant Secretary for Administration
and Management, U.S. Department of Labor.
The Contractor shall post the attached "Equal Opportunity is the Law" notice prominently
in reasonable numbers and places; shall disseminate the notice in internal memoranda,
other written or electronic communications; shall include the notice in handbooks or
manuals; make the notice available during orientations and to each participant. A signed
_copy of the notice will also be made a part of the participant's file. All medical
information and/or information regarding a participant's disability must be kept
confidential and maintained in a file that is separate from the participanYs file.
The Contractor shall include the following Equal Opportunity tagline in recruitment
brochures and other materials that are ordinarily distributed or communicated in written
and/or oral form, electronically and/or on paper, to staff, clients, or the public at large, to
describe WIA Title I financially assisted programs or activities:
"[Insert name of Organization] is an equal opportunity employer and
provider of employment and training services. Auxiliary aids and services
are available upon request to persons with disabilities.°
In the event that one of the parties hereto refuses to comply with the above provision, the
Termination, Suspension and Remedies clause (Section LL) may be utilized.
AA. PATENT RIGHTS
The Agency retains the entire right, title and interest to each invention developed during the
performance of Contract services. The Agency shall receive prompt, written notice of each
notice or claim of patent infringement received by the Contractor with respect to patents
developed during its performance of Contract services.
Revised April 2002 11 of 17
BB. PELL GRANTS
If this Contract is WIA funded and involves participant training at institutions that are
certified to participate in student financial aid, as appropriate the Contractor shall
incorporate the use of Pell Grants to offset the costs of training, such as tuition, books,
supplies, transportation, child care, miscellaneous expenses, and/or special costs for
disabled participants. (Department of Labor Information Notice 25-89, dated April 9, 1990.)
CC. PRICE WARRANT
The Contractor warrants that the cost charged for services under the terms of this Contract
are not in excess of those charged any other client for the same services performed by the
same individuals.
DD. RECORD RETENTION
Contractor shall retain all books, records, documents and other material which reflect all
direct and indirect costs of any nature expended in the performance of this Contract,
including participant data for a period of three (3) years after final payment under this
Contract if WIA funded, or six (6) years from termination of the Contract if non-WIA funded.
Records shall be retained beyond the above referenced retention periods if litigation or
audit is begun prior to the end of the period referenced above, or if a claim is instituted prior
to the end of the period referenced above involving the Contract covered by the records. In
these instances, the records will be retained until the litigation, claim or audit has been
finally resolved.
Records regarding discrimination complaints under WIA and actions taken thereunder shall
be maintained for a period of not less than three (3) years from the date of resolution of the
complaint.
EE. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any information concerning a program recipient or
client for any purpose not directly connected with the administration of the Agency's or the
Contractor's responsibilities with respect to contracted services provided under this
Contract is prohibited except by written consent of the recipient or client, his/her attomey or
his/her legally authorized representative.
The Contractor shall use any private and confidential information provided under this
Contract solely for the purpose for which the inforrnation was disclosed. The Contractor
shall not disclose or misuse any private and confidential information under this Contract
unless the disclosure is authorized by law. The misuse or unauthorized release of private
and confidential infoRnation shall subject contractor, its employees or agents to a civil
penalty of five thousand dollars ($5,000) and other applicable sanctions under state and
federal law (50.13 RC1l1).
FF. SEVERABILITY
The provisions of this Contract are intended to be severable. If any term or provision is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this Contract.
Revised April 2002 12 of 17
GG. SINGLE AUDIT ACT REQUIREMENTS
If the Contractor is a subrecipient of federal awards as defined by Office of Management
and Budget (OMB) Circular A-133, the Contractor shall maintain records that identify all
federal funds received and expended. Such funds shall be identified by the appropriate
OMB Catalog of Federal Domestic Assistance Numbers. The Contractor shall make the
Contractor's records available for review or audit by officials of the federal awarding
agency, the General Accounting Office, Employment Security Department, and the
Washington State Auditor's Office. The Contractor shall incorporate OMB Circular A-133
audit requirements into all contracts between the Contractor and its Subcontractors who
are subrecipients. The Contractor shall comply with any future amendments to OMB
Circular A-133 and any successor or replacement Circular or regulation.
If the contractor expends three hundred thousand dollars ($300,000) or more in federal
awards from any and/or all sources in any fiscal year beginning after June 30, 1996, the
Contractor shall procure and pay for a single or program-specific audit for that year.
Upon completion of each audit, the Contractor shall submit to the Contracting Officer
named in this Contract the data collection form and reporting package specified in OMB
Circular A-133, reports required by the program-specific audit guide (if applicable).
HH. SITE SECURITY
While on Agency premises, Contractor, its agents, employees, or Subcontractors shall
conform in all respects with physical, fire or other security policies or regulations.
11. SMALL, MINORITY, AND WOMEN-OWNED BUSINESS ENTERPRISES
The Contractor shall provide to qualified small, minority and women-owned business
enterprises the maximum practicable opportunity to participate in the perFormance of this
Contract.
JJ. SUBCONTRACTING
The Contractor shall not subcontract work or services contemplated under this Contract
and/or use an outside consultant except as provided for in the Statement of Work without
obtaining the prior written approval of the Agency for the authority to enter into
subcontracts. Contractor acknowledges that such approval for any subcontract does not
relieve the Contractor of its obligations to perform hereunder. The Agency retains the
authority to review and approve or disapprove all subcontracts. At the Agency's request,
the Contractor will forward copies of subcontracts and fiscal, programmatic and other
material pertaining to any and all subcontracts.
For any proposed Subcontractor the Contractor shall:
Be responsible for Subcontractor compliance with these General Terms and
Conditions and the subcontract terms and conditions; and
2. Ensure that the Subcontractor follows the Agency's repprting formats and
procedures as specified by the Agency.
Revised April 2002 13 of 17
KK. TAXES
It is mutually agreed and understood that ail payments accrued on account of payroll taxes,
unemployment contributions, any other taxes, insurance or other expenses for the
Contractor staff be the sole liability of the Contractor.
LL. TERMINATION, SUSPENSION AND REMEDIES
Termination or Suspension for Cause
In the event the Agency determines the Contractor has failed to comply with the
conditions of this Contract in a timely manner, the Agency has the right to suspend
or terminate this Contract. Before suspending or terminating, this Contract, the
Agency shall notify the Contractor in writing of the need to take corrective action. If
corrective action is not taken within thirty (30) days, the Contract may be terminated
or suspended. In the event of termination or suspension, the Contractor shall be
liable for damages as authorized by law including, but not limited to, any cost
difference befinreen the original Contract and the replacement or cover Contract and
all administrative costs directly related to the replacement Contract, e.g., cost of the
competitive bidding, mailing, advertising, and staff time.
The Agency reserves the right to suspend all or part of this Contract, withhold
further payments, or prohibit the Contractor from incurring additional obligations of
funds during investigation of the alleged compliance breach and pending corrective
action by the Contractor or a decision by the Agency to terminate this Contract. A
termination shall be deemed to be a°Termination for Convenience" if it is
determined that the Contractor. (1) was not in default; or (2) failure to perForm was
outside of his or her control, fault or negligence. The rights and remedies of the
Agency provided in this Contract are not exclusive and are addition to any other
rights and remedies provided by law.
The Agency reserves the right to immediately suspend all, or part of, this Contract,
and to withhold further payments, or to prohibit the Contractor from incurring
additional obligations of funds when it has reason to believe that fraud, abuse,
malfeasance, misfeasance or nonfeasance has occurred on the part of the
Contractor under this Contract.
2. Termination for Fundinq Reasons
The Agency may unilaterally terminate this Contract in the event that funding from
federal, state or other sources becomes no longer available to the Agency or is not
allocated for the purpose of ineeting the Agency's obligation hereunder. In the
event funding is limited in any way, this Contract is subject to re-negotiation under
any new funding limitations and conditions. Such action is effective upon receipt of
written notification by the Contractor.
3. Termination for Convenience
Except as otherwise provided in this Contract, the Agency may, by ten (10) days'
written notice, beginning on the second day after mailing, terminate this Contract, in
whole or in part. If this Contract is so terminated, the Agency shall be liable only for
Revised April 2002 14 of 17
payment required under the tenns of this Contract for services rendered or goods
delivered prior to the effective date of termination.
MM. TERMINATION PROCEDURE
Upon termination of this Contract, the Agency, in addition to any other rights provided in
this Contract, may require the Contractor to deliver to the Agency any property specifically
produced or acquired for the performance of such part of this Contract as has been
terminated. The provisions of the TREATMENT OF ASSETS clause shall apply in such
property transfer.
The Agency shall pay to the Contractor the agreed upon price, if separately stated, for
completed work and services accepted by the Agency and the amount agreed upon by the
Contractor and the Agency for (1) completed work and service(s) for which no separate
price is stated; (2) partially completed work and services; (3) other property or services
which are accepted by the Agency; and (4) the protection and preservation of property,
unless the termination is for default, in which case the Agency shall determine the extent of
liability of the Agency. Failure to agree with such determination shall be a dispute within the
meaning of the DISPUTES clause of this Contract. The Agency may withhold from any
amounts due to the Contractor such sum as the Agency determines to be necessary to
protect the Agency against potential loss or liability.
The rights and remedies of the Agency provided in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law or under this Contract.
After receipt of a notice of termination and except as othervvise directed by the Agency, the
Contractor shall:
1. Stop work under this Contract on the date, and to the extent specified, in the notice;
2. Place no further orders or subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of work under this Contract as is
not terminated;
3. Assign to the Agency, in the manner, at the times, and to the extent directed by the
Agency, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Agency has the right, at its discretion,
to settle or pay any or all claims arising out of the termination of such orders and
subcontracts.
4. Settle all outstanding liabilities and all claims arising out of such termination of
orders and subcontracts, with the approval or ratification of the Agency to the extent
the Agency may require, which approval or ratification shall be final for all purposes
of this clause;
5. Transfer title to the Agency and deliver in the manner, at the times, and to the
extent directed by the Agency any property which, if the Contract had been
completed, would have been required to be fumished to the Agency;
6. Complete performance of such part of the worlc as shall not have been terminated
by the Agency; and
Revised April 2002 15 of 17
7. Take such action as may be necessary, or as the Agency may direct, for the
protection and preservation of the property related to this Contract which is in the
possession of the Contractor and in which the Agency has or may acquire an
interest.
NN.
00.
PP.
TREATMENT OF ASSETS
1. Title to all property fumished by the Agency shall remain in the Agency. Title to all
property purchased by the Contractor the cost of which the Contractor has been
reimbursed as a direct item of cost under this Contract, shall pass to and vest in the
Agency upon delivery of such property by the Contractor. The title shall only pass
to the Contractor if the Agency specifically agrees to grant title in this Contract for
asset(s) purchased.
2. Any property of the Agency furnished to the Contractor shall, unless otherwise
provided herein, or approved by the Program Manager in writing, be used only for
the performance of this Contract.
3. Property will be retumed to the Agency in like condition to that in which it was
fumished to the Contractor, normal wear and tear excepted. The Contractor shall
be responsible for any loss or damage to property of the Agency in the possession
of the Contractor which results from the negligence of the Contractor or which
results from the failure on the part of the Contractor to maintain said property in
accordance with sound management practices.
4. If any Agency property is damaged or destroyed, the Contractor shall notify the
Agency and shall take all reasonable steps to protect that property from further
damage.
,
5. The Contractor shall surrender to the Agency all property of the Agency upon
completion, termination or cancellation of this Contract.
6. All reference to the Contractor under this clause shall include any employees,
agents or Subcontractors.
USE OF NAME PROHIBITED
The Contractor shafl not in any way contract on behalf of or in the name of the Agency. Nor
shall the Contractor release any informational pamphlets, notices, press releases, research
reports, or similar public notices conceming this project without obtaining the prior written
approval of the Agency.
WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent
default or breach. Any waiver shall not be construed to be a modification of the terms of
this Contract unless stated to be such in writing signed by authorized representative of the
Agency.
Revised April 2002 16 of 17
STAT~ O~
ok ~
yQF
O
IB89 ~
STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
PO Box 9046 0 00 Olympia, WA 98507-9046
EQUAL OPPORTUNITY IS THE LAW
29 CFR Part 37.30
It is against the law for this recipient of Federal financial assistance to discriminate on
the following bases:
Against any individual in the United States, on the basis of race, color, religion, sex,
national origin, age, disability, political affiliation or belief; and
Against any beneficiary of programs financially assisted under Title I of the Workforce
Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a lawfully
admitted immigrant authorized to work in the United States, or his or her participation in any
WIA Title I-financially assisted program or activity.
The recipient must not discriminate in any of the following areas: Deciding who will be
admitted, or have access, to any WIA Title I-financially assisted program or activity; providing
opportunities in, or treating any person with regard to, such a program or activity; or making
employment decisions in the administration of, or in connection with, such a program or
activity. _
If you think that you have been subjected to discrimination under a WIA Title I-
financialty assisted program or activity, you may file a complaint within 180 days from the date
of the alleged violation with either: the recipient's Equal Opportunity Officer (or person whom
the recipient has designated for this purpose); or the Director, Civil Rights Center (CRC), U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210.
If you file your complaint with the recipient, you must wait either until the recipient
issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner),
before filing with the Civil Rights Center (see address above).
If the recipient does not give you a written Notice of Final Action within 90 days of the
day on which you filed your complaint, you do not have to wait for the recipient to issue that
Notice before filing a complaint with CRC. However, you must file your CRC complaint within 30
days of the 90-day deadline (in other words, within 120 days after the day on which you filed
your complaint with the recipient).
If the recipient does give you a written Notice of Final Action on your complaint, but you
, are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must
file your CRC complaint within 30 days of the date on which you received the Notice of Fnal
Action.
Revised April 2002 17 of 17