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Attachment H SAN DIEGO WORKFORCE PARTNERSHIP Contract General Provisions Revised and Reissued June 2010 i San Diego Workforce Partnership, Inc CONTRACT GENERAL PROVISIONS Revised January 2010 Table of Contents 1.0 TERMS AND DEFINITIONS…………………………………………………………..1 2.0 CERTIFICATION / ASSURANCES…………………………………………………...2 3.0 EQUAL OPPORTUNITY AND NON-DISCRIMINATION…………………………5 4.0 ACCESS TO INDIVIDUALS WITH DISABILITIES……………………………….10 5.0 CLEAN AIR AND CLEAN WATER ACT .................................................................... 7 6.0 COMPLAINT RESOLUTION PROCEDURES ........................................................... 8 7.0 ORDER OF PRECEDENCE ........................................................................................... 8 8.0 PERSONNEL PROCEDURES........................................................................................ 8 9.0 APPLICABLE LAWS AND REGULATIONS .............................................................. 9 10.0 CONFIDENTIALITY ...................................................................................................... 9 11.0 EDUCATIONAL ASSISTANCE .................................................................................. 10 12.0 PAYMENT OF EMPLOYEE PAYROLL WITHHOLDINGS ................................. 10 13.0 RELOCATION ............................................................................................................... 10 14.0 WORK STANDARDS (Applicable only to program participants) .......................... 10 15.0 PROGRAM OPERATIONS DOCUMENTS ............................................................... 12 16.0 PERFORMANCE REVIEWS ....................................................................................... 12 17.0 TECHNOLOGY SYSTEMS USAGE REQUIREMENTS ......................................... 13 18.0 PROMPT SUBMITTAL ................................................................................................ 13 19.0 FIDELITY BONDING (Not applicable to Local Governmental Entities) ................ 14 20.0 INSURANCE (Not applicable to Local Governmental Entities)............................... 14 21.0 WAGE AND SALARY LIMITS ................................................................................... 15 22.0 PROGRAM INCOME.................................................................................................... 16 23.0 SUSPENSION OF FUNDING ....................................................................................... 16 24.0 PAYMENT ...................................................................................................................... 17 25.0 COMMINGLING OF FUNDS ...................................................................................... 18 26.0 CASH ADVANCE .......................................................................................................... 18 27.0 IN-KIND CONTRIBUTIONS/MATCHING FUNDS/STAND-IN COSTS .............. 19 28.0 AUDIT .............................................................................................................................. 19 29.0 PROCUREMENT AND PURCHASES ........................................................................ 19 30.0 MAINTENANCE OF RECORDS/ACCESS TO RECORDS .................................... 20 31.0 PERMITS AND RESPONSIBILITIES ........................................................................ 21 32.0 PATENT RIGHTS/INTELLECTUAL PROPERTY .................................................. 21 33.0 CONFLICT OF INTEREST.......................................................................................... 21 34.0 OTHER FUNDING SOURCES..................................................................................... 21 35.0 PROGRAM MANAGEMENT ...................................................................................... 22 36.0 REQUEST FOR DATA.................................................................................................. 22 37.0 MARKETING ................................................................................................................. 22 38.0 ENTIRE CONTRACT ................................................................................................... 22 39.0 CONTRACT MODIFICATIONS ................................................................................. 23 Page ii of 29 2012 OJT RFP 40.0 ASSIGNMENT ................................................................................................................ 23 41.0 INDEPENDENT CONTRACTOR STATUS ............................................................... 24 42.0 SUBCONTRACTING .................................................................................................... 24 43.0 INDEMNIFICATION .................................................................................................... 25 44.0 ATTORNEYS' FEES AND COSTS ............................................................................. 25 45.0 SEVERABILITY OF PROVISIONS ............................................................................ 25 46.0 NOTICE ........................................................................................................................... 25 47.0 TERMINATION FOR DEFAULT ............................................................................... 26 48.0 TERMINATION ON OCCURANCE OF STATED EVENTS .................................. 26 49.0 TERMINATION DUE TO UNAVAILABILITY OF FUNDS ................................... 26 50.0 TERMINATION FOR CONVENIENCE..................................................................... 26 51.0 SPECIAL PROVISIONS ............................................................................................... 26 Page iii of 29 2012 OJT RFP SAN DIEGO WORKFORCE PARTNERSHIP, INC. CONTRACT GENERAL PROVISIONS Revised January 2010 1.0 TERMS AND DEFINITIONS All terms and definitions contained in the applicable regulations are expressly applied to this Contract as well as the following terms and definitions: Consortium shall mean the San Diego Consortium and Policy Board, a City of San Diego and County of San Diego joint powers agency that provides leadership on workforce issues. Contractor shall mean any person, corporation, partnership or similar entity or a public agency with which the Workforce Partnership enters into contract for the delivery of services or the supply of materials. DOL shall mean the U.S. Department of Labor. EDD shall mean the Employment Development Department of the State of California. Equal Opportunity (EO) Requirements shall mean those provisions that prohibit discrimination against any employee, applicant, or participant for training or employment because of race, color, religion, sex, age, disability, national origin, political affiliation, or belief. Joint Powers Agreement shall mean the Joint Exercise of Powers Agreement, as amended from time to time, by the City of San Diego and the County of San Diego to create the San Diego Consortium to prepare a regional comprehensive workforce plan. Local Workforce Investment Area – LWIA shall mean the local workforce investment area served by the Workforce Partnership, which are San Diego City and County. Operations Manual shall mean the Workforce Partnership Operations Manual, as amended from time to time. President shall mean the President of the San Diego Workforce Partnership, Inc., or his/her designated representative. Special Status shall mean the determination that a Contractor is "high-risk" and restrictions may be incorporated into this contract. Start Date shall mean the date at which contractual services are to begin and contract expenditures will be authorized for reimbursement. State shall mean the State of California. Page 1 of 29 2012 OJT RFP Target Population or Target Groups shall mean groups in the population that have been determined by the San Diego Consortium Policy Board and San Diego Workforce Investment Board to be in the most need of employment and training services. WIA shall mean the Workforce Investment Act (Public Law 105-220) of 1998. Workforce Partnership shall mean the San Diego Workforce Partnership, Inc., a non- profit public benefit corporation that administers workforce-related funds, such as Workforce Investment Act funds. 2.0 CERTIFICATION / ASSURANCES Except as otherwise indicated, the following certifications apply to all Contractors. 2.1 Sectarian Activities: There shall be no religious worship, instructions, or proselytizing as part of or in connection with the performance of this Contract. 2.2 National Labor Relations Board: Contractor (if not a public entity), by signing this Contract, does swear under penalty of perjury, that no more than one final unappeasable finding of contempt of court by a federal court has been issued against the Contractor within the immediate preceding two-year period because of Contractor's failure to comply with an order of a federal court, which orders the Contractor to comply with an order of the National Labor Relations Board (PCC10296). 2.3 Prior Findings: Contractor, by signing this Contract, does swear under penalty of perjury, that it has not failed to satisfy any major condition in a current or previous Contract with the DOL or the State of California and has not failed to satisfy conditions relating to the resolution of a final finding and determination, including repayment of debts. 2.4 Debarment and Suspension Certification: By signing this Contract, the Contractor hereby certifies under penalty of perjury under laws of the State of California that the Contractor will comply with regulations implementing Executive Order 12549, Debarment and Suspension (activities awarded) and Executive Order 12689 Debarment and Suspension (activities procured), 29 CFR Part 98, 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 transitions by any federal department or agency. b. Have not within a three year period preceding this Contract been convicted of or had a civil judgment 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 a public transaction, violation of federal or Page 2 of 29 2012 OJT RFP 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 Section 2 of this certification. d. Have not within a three-year period preceding this Contract had one or more public transactions (federal, state or local) terminated for cause of default. 2.5 Lobbying Restrictions: By signing this Contract the Contractor hereby assures and certifies to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93. a. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant loan, or cooperative agreement, and the extension, continuation, renewal, 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 agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this Contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. c. The undersigned shall require that the language of the lobbying restrictions be included in the award documents for Contract transaction over $100,000 (per OMB) at all tiers (including contracts and subcontracts, under grants, loan, or cooperative agreements), and that all 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 the Lobbying Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Page 3 of 29 2012 OJT RFP 2.6 Priority Hiring Considerations: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Section Code 11200 in accordance with Public Contract Code Section 10353. 2.7 Sweat-free Code of Conduct: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. Contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. Contractor agrees to cooperate fully in providing reasonable access to Contractors' records, documents, agents or employees, or premises if reasonably required by authorized officials of the Contractor, the Department of Industrial Relations, or the Department of Justice to determine the Contractors' compliance with the requirements under paragraph 1 of the Sweat-free Code of Conduct. 2.8 Non Traditional Employment: The term "non traditional employee" refers to Occupations and fields of work where individuals from one gender comprise less than 25 percent of the individuals employed in such occupations or fields of work. Contractor will use its best efforts to provide training and job placement in those occupations and fields of work for persons of either underrepresented gender. 2.9 Contractor shall ensure compliance with federal regulations requiring certification of a drug-free workplace by implementing the following actions: a. Provide written notification to all employees that the unlawful manufacture, distribution, possession or use of a controlled substance is prohibited in the workplace; b. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, available drug counseling and rehabilitation and penalties for violations in the workplace; Page 4 of 29 2012 OJT RFP c. Require employees to notify their employer within five (5) days if they are convicted of a criminal drug violation that occurs in the workplace; and d. Initiate action ranging from participation in a drug rehabilitation program to dismissal against a convicted employee within thirty (30) days of the notice to employer. 2.10 In accordance with the Child Support Compliance Act, the Contractor recognizes and acknowledges: a. The importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 commencing with Section 5200) of Part 5 of Division 9 of the Family code; and c. That, to the best of its knowledge, it is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department. 2.11 In accordance with Section 163 of the Continuing Appropriations Resolution, 2010, Division B of Public Law No. 111-68 the Contractor by signing this Contract, does swear under penalty of perjury, that none of the funds made available by this joint resolution (WIA or ARRA funds) or any prior Act have been provided to ACORN or any of its affiliates, subsidiaries or allied organizations, as indicated in the Department of Labor's (DOL) Training and Employment Guidance Letters (TEGL) 8-09 -- Guidance on Section 163 of the Continuing Resolution Regarding the Association of Community Organizations for Reform Now (ACORN), Attachment 2, issued on October 19, 2009. 3.0 EQUAL OPPORTUNITY AND NON-DISCRIMINATION 3.1 Contractor shall comply fully with the equal opportunity and nondiscrimination provisions of WIA. These provisions include the following seven elements: a. Initial and continuing communication of EO policy and procedures; b. Inclusion of EO provisions and nondiscrimination assurances in all sub- contracts, plans, and agreements; c. Provision of equitable services among substantial segments of the LWIA population to be served under this contract; d. Provision of program and site access to individuals with disabilities; e. Collection and maintenance of EO data; f. Maintenance of a discrimination complaint processing system; and g. Implementing corrective actions for discrimination. Page 5 of 29 2012 OJT RFP Contractor acknowledges the government's right to seek judicial enforcement of the nondiscrimination assurance. Specific requirements are provided in Chapter IX of the Operations Manual. 3.2 Contractor shall maintain, communicate, and adhere to policies that provide equal opportunity to access, admission, and provision of all services funded under this Contract, and shall prohibit discrimination on the grounds of race, color, religion, gender, national origin, age, physical or mental disability, political affiliation or belief, sexual orientation, and citizenship. This policy shall apply to Contractors, applicants, eligible applicants, participants, applicants for employment, employees, unions, or professional organizations holding collective bargaining or professional agreements with the Workforce Partnership, and members of the public. 3.3 Contractor shall establish and maintain procedures for implementing prompt corrective action when noncompliance is found. Contractor shall communicate the Workforce Partnership's procedures for resolving allegations against the Contractor of noncompliance with applicable equal opportunity and non discrimination policies to: a. Applicants; b. Eligible applicants; c. Participants; d. Applicants for employment; e. Employees; f. Unions or professional organizations holding collective bargaining or professional agreements with the Workforce Partnership; and g. Members of the public, the Workforce Partnership's procedures for resolving allegations against Contractor of noncompliance with applicable equal opportunity and nondiscrimination policies. For more information, refer to Chapter IX of the Operations Manual, Equal Opportunity and Nondiscrimination. 3.4 During the performance of this Contract, Contractor agrees as follows: a. Contractor shall comply with Workforce Partnership's Equal Opportunity Program for all work to be performed by Contractor for Workforce Partnership. b. Contractor and each Subcontractor, if any, shall fully comply with: 1. Workforce Investment Act Section 188; 2. Title VI of the Civil Rights Act of 1973, as amended; 3. Section 504 of the Rehabilitation Act of 1975, as amended; 4. Age discrimination Act of 1975, as amended; 5. Title IX of the Education Amendments of 1972, as amended; 6. Title 29 CFR Part 37 and all other regulations implementing these laws Page 6 of 29 2012 OJT RFP 7. California Fair Employment Practices Act; 8. 29 CFR Section 95.48, Appendix A-1, including compliance with Executive Order 11246 of September 24, 1965, and as amended by Executive Order 11375 of October 13, 1967 and as supplemented by regulations at 41 CFR Chapter 60; and 9. Any other applicable federal and state laws and regulations hereinafter enacted. c. Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, ancestry or age. d. Contractor understands that failure to comply with the above requirements and/or submitting false information in response to these requirements may result in termination of this Contract and debarment from participating on Workforce Partnership contracts for a period of not less than one (1) year. 4.0 ACCESS TO INDIVIDUALS WITH DISABILITIES 4.1 Contractor shall comply with the Americans with Disabilities Act of 1990, and all amendments to such act. Contractor shall ensure that facilities, training, and other services are fully accessible to qualified individuals with disabilities. Contractor must maintain policies that prohibit discrimination on the basis of physical or mental disability or life-threatening illnesses and must guarantee reasonable accommodation to the known limitations of qualified individuals with disabilities. Contractor shall require compliance with these policies in all subcontracts. See Section 39.0 of these General Provisions regarding subcontracting. For more information, refer to Chapter IX of the Operations Manual. 4.2 All recruitment materials and advertisements that are distributed to the public for programs or activities funded by this Contract shall contain the following statement: "Equal opportunity employer/programs. Auxiliary aids and services are available upon request to individuals with disabilities." 4.3 Where a telephone number is listed, Contractor shall provide a telephone number of any Telecommunications Device for the Deaf (TDD). If a TDD is not available, the Contractor shall provide the number of the California Relay Services (CRS) (1-800-735-2922 voice; 1-800-735-2929 TDD) as an alternative. The CRS is a service that relays messages to deaf persons via the telephone. A caller can contact the relay service by voice or TDD and an operator will then contact the party to be called, using voice or TDD. 5.0 CLEAN AIR AND CLEAN WATER ACTS This clause applies only to contracts in excess of $100,000. Page 7 of 29 2012 OJT RFP 5.1 For governmental contract, Contractor shall comply with all applicable standards, orders, or requirements listed under section 306 of the Clean Air Acts (42 US.C. 1857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR part 15). Contractor shall include this provision in any subcontractor it enters into for amounts in excess of $100,000. 5.2 For non-governmental contracts, Contractor shall comply will applicable standards, orders or regulations issues pursuant to the Clean Air Act (42 U.S.C. Sec 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sec 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency. 6.0 COMPLAINT RESOLUTION PROCEDURES Workforce Partnership has established complaint resolution procedures for contractors, contractors' staff, applicants, participants, and Workforce Partnership staff. These procedures, as identified in Chapter X of Workforce Partnership's Operations Manual, Program and Criminal Complaint Policy and Procedures are available for programs funded in whole or in part by Workforce Partnership. 7.0 ORDER OF PRECEDENCE 7.1 In the event that a conflict exists between the different sections of this Contract, the following order of precedence shall prevail: a. Statement of Work b. Expenditure/Earnings Plan c. Contract Special Provisions, if any d. Contract General Provisions e. Operations Manual 7.2 Administrative revisions to the Operations Manual may occasionally be made to clarify operational procedures and such revisions shall become a part of this Contract on and after notice of the revision is sent to Contractor. 8.0 PERSONNEL PROCEDURES 8.1 Contractor shall establish and maintain personnel policies and practices in accordance with federal, state, and local laws and regulations, including WIA Section 188 and all laws and all regulations implementing the laws specified. 8.2 Contractor shall ensure that none of its officers have been convicted of fraud or misappropriation of funds or any similar crime unless such conviction has been expunged or pardoned. Page 8 of 29 2012 OJT RFP 8.3 All personnel funded by Workforce Partnership shall be governed under regular procedures established by the Contractor for its regular staff unless special circumstances warrant a separate procedure. 8.4 Workforce Partnership is not liable for accrued vacation leave under this Contract for any Workforce Partnership-funded position. 9.0 APPLICABLE LAWS AND REGULATIONS 9.1 The provisions of this Contract are subject to the WIA (Workforce Investment Act of 1998) and its regulations and all requirements of the Joint Powers Agreement. Subsequent changes to the WIA shall become effective for the administration of this Contract upon notification of such changes to the Workforce Partnership and the Contractor. If the regulations and/or requirements promulgated pursuant to the WIA are amended or revised, Contractor shall comply with them or notify the Workforce Partnership within 30 days after being notified of the amendment or revision that it cannot conform, so that the Workforce Partnership may terminate this Contract. 9.2 Intentionally omitted. 9.3 Contractor shall comply with the Office of Management and Budget Circulars A- 87, A-102, A-110, A-122, A-128 and A-133, as these circulars relate to the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents. 10.0 CONFIDENTIALITY 10.1 Contractors are responsible for maintaining the confidentiality and security of all State and County information obtained for the operation of WIA programs. Confidential information is not open to the public and requires special precautions to protect it from loss, unauthorized use, access, disclosure, modification, and destruction. With regards to confidential information, Contractor agrees: a. To keep all confidential information furnished by EDD in the strictest confidence, and make information available to its own employees only on a "need-to-know" basis, as specifically authorized; b. Instruct all employees with access to EDD information regarding the confidential nature of the information and the sanctions against unauthorized use or disclosures found in the California Civil Code Section 502, and the California Unemployment Insurance Code Section 2111; c. Store and process such confidential information in electronic format in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means; Page 9 of 29 2012 OJT RFP d. Return the EDD confidential information promptly or destroy all copies or derivations of the confidential information when its intended use ends, utilizing an approved method of confidential destruction: shredding, burning, or certified witnessed destruction; and e. Degauss or return to EDD all magnetic media. 11.0 EDUCATIONAL ASSISTANCE 11.1 Any Pell grant or other educational assistance funding received by Contractor on behalf of any participant served under this Contract shall be promptly reported to the Workforce Partnership and shall be handled in accordance with 20 CFR Part 652 et al, Workforce Investment Act; final Rules. 11.2Contractor shall ensure that: a. The same expenses are not billed or paid twice, b. Costs paid for through this Contract and through the Pell Entitlement grant or other educational assistance are clearly identified, c. Workforce Partnership or its authorized agent(s) are guaranteed access to the participant's Pell grant records, and, d. All grant funds shall be put toward tuition prior to the use of WIA dollars. 12.0 PAYMENT OF EMPLOYEE PAYROLL WITHHOLDINGS Contractor shall pay employee payroll withholdings for federal, state, local taxes, FICA, and applicable insurance premiums, within the prescribed time schedules. 13.0 RELOCATION No funds provided under this Contract shall be used or proposed for use to encourage or induce the relocation of an establishment that results in a loss of employment for any employee of such establishment at the original location. 14.0 WORK STANDARDS (APPLICABLE ONLY TO PROGRAM PARTICIPANTS) 14.1 A trainee shall receive no payments for training activities in which the trainee fails to participate without good cause. 14.2 Individuals in on-the-job training shall be compensated by the employer at the same rates, including periodic increases, as similarly situated employees or trainees and in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 or the applicable state or local minimum wage law. Page 10 of 29 2012 OJT RFP 14.3 Individuals employed in activities authorized under this Contract shall be paid wages that shall not be less than the highest of: a. The minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938, b. The minimum wage under the applicable state or local minimum wage law, or c. The prevailing rates of pay for individuals employed in similar occupations by the same employer. 14.4 Conditions of employment and training shall be appropriate and reasonable in light of such factors as the type of work, geographical region, and proficiency of the participant. 14.5 Health and safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants. 14.6 Where participants are not covered by Worker's Compensation, they shall be provided with adequate on-site medical and accident insurance. Income maintenance insurance is not required for these participants. 14.7 All individuals employed in subsidized work experience or trained as an employee on OJT shall be provided wages and related benefits, and working conditions, to the same extent as other employees working a similar length of time and doing the same type of work. 14.8 No currently employed worker shall be displaced by any participant (including partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits). 14.9 No program shall impair existing contracts for services or collective bargaining agreements, except that no program under this Contract that would be inconsistent with the terms of the collective bargaining agreement shall be undertaken without written concurrence of the labor organization and employer concerned. 14.10 No participant shall be employed or job openings filled when: a. Any individual is on layoff from the same or any substantially equivalent job, or b. The employer has terminated employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a participant whose wages are subsidized under this Contract. Page 11 of 29 2012 OJT RFP 14.11 No jobs shall be created that will infringe in any way upon the promotional opportunities of currently employed individuals. 14.12 No funds under this Contract shall be used to assist, promote, or deter union organizing. 14.13 All laborers and mechanics employed by Contractors or Subcontractors in any construction, alteration, or repair, including painting and decorating, that are receiving funds under this Contract shall be paid wages in accordance with the Davis-Bacon Act. 14.14 No participants under 18 years of age will be employed in any occupation that the Department of Labor has found to be particularly hazardous for persons between 16 and 18 years of age. Participants who are 14 to 15 years of age will participate only in accordance with the limitations imposed by the Fair Labor Standards Act of 1938, as amended and Sections 1285-1312 and 1390-1399 of the California Labor Code. 15.0 PROGRAM OPERATIONS DOCUMENTS 15.1 To facilitate evaluation of Contractor's operation and assure compliance with WIA and other applicable federal, state, or local regulations, Contractor shall adhere to the Workforce Partnership Operations Manual, which incorporates detailed requirements, instructions, and procedures for the performance of this Contract. 15.2 Scope of Operations Manual: The Operations Manual may include, but is not limited to, the following: contract administration, budgeting, accounting, payment, fiscal reporting, purchasing, acquisition of property, allowable costs, personnel procedures, monitoring and evaluation requirements, close-out procedures. 15.3 Modification: Workforce Partnership, upon written notice to Contractor, may modify the Operations Manual. Contractor may recommend modifications that shall be subject to the approval of the President of Workforce Partnership or his/her designated representative. Workforce Partnership agrees to make only those modifications that are reasonable and necessary to the operation and continued maintenance of the program and the discharge of its obligation. 15.4 Binding Effect: Contractor agrees to adhere to the provisions of the Operations Manual and any modifications thereto, or as amended. Any deviation from the provisions of the Operations Manual without the express written permission of the President of Workforce Partnership or his/her designated representative shall constitute cause for suspension or termination of this contract. 16.0 PERFORMANCE REVIEWS Page 12 of 29 2012 OJT RFP 16.1 The Workforce Partnership shall periodically review Contractor's actual earnings and/or performance levels, for the purpose of assessing whether an adjustment of the funds allocated is appropriate. Contracts performing below planned earnings or performance levels may be subject to deobligation of unearned/unused funds. 16.2 If Contractor is found significantly below planned earnings or performance rate, Contractor shall develop and submit a corrective action plan showing how the planned earnings and performance rate will be achieved through accelerated performance during the period of the Contract. The Workforce Partnership may accept or reject the corrective action in whole or in part and may unilaterally deobligate the difference between the planned and actual earnings rate. 17.0 TECHNOLOGY SYSTEMS USAGE REQUIREMENTS One-Stop operators, partners, and contracted service providers shall use technology systems of, or provided by, Workforce Partnership for tracking, reporting, coordinating, and communicating on client and employer information. The systems assist with determining program outcomes and performance, as well as, system usage itself. They include, but are not limited to, the following: a. Job Training Automation (JTA) system; b. Customer Information Services Reporting System (CISRS); and c. Business Contact Management System (BCMS); and d. SanDiegoAtWork.com or org. 18.0 PROMPT SUBMITTAL 18.1 Contractor agrees to complete and input into the designated Workforce Partnership's computer system, all participant data within three (3) working days after the transaction date, unless otherwise directed by the Workforce Partnership for evaluation purposes or interim/final closeout. 18.2 Contractor further agrees to submit correct and complete invoices no later than the eighth (8th) calendar day of the month following the month the expenses were incurred, unless otherwise directed by the Workforce Partnership for evaluation purpose or interim/final close out. Invoices submitted without all required detail and reports will be returned to the Contractor and will not be processed until the Workforce Partnership receives all correct and complete documentation. Invoices submitted without required detail and reports will be considered late and will be subject to monetary penalties and/or other sanctions. Incorrect or incomplete invoices submitted by the due date do not qualify as being received on time. Therefore, only processable, correct, and complete invoices submitted by the due date qualify as being received on time. Corrected invoices received after the due date will incur a late penalty. Additional reporting requirements are detailed in Chapter VI, Financial Management, of the Operations Manual. Page 13 of 29 2012 OJT RFP 18.3 Contractors that fail to enter required participant data and/or submit invoices by the stated deadlines shall be subject to monetary penalties that must be paid from non-federal funds and other sanctions as specified below, and may also be subject to deobligation of funds. 18.4 Late data entry into the designated Workforce Partnership's computer system of more than 5% in a given month will result in a penalty of $500. This penalty will increase to $1,000 for every consecutive month of a late data entry thereafter. Three non-compliance occurrences in any twelve-month period may result in Contractor being placed on corrective action status. In the event unscheduled downtime of the Workforce Partnership computer prohibits the timely input of the required data, Workforce Partnership will impose no sanctions. Contractor must notify Workforce Partnership of pending data entry in the event of unscheduled downtime. 18.5 Late invoice submittal will result in a penalty of 10% of the invoice, not to exceed $1,000, taken by the Workforce Partnership via a reduction of the invoice payment. Three non-compliance occurrences in any twelve-month period may result in the Contractor's placement in the Workforce Partnership's corrective action status. 18.6 Additional sanctions may be specified and included in the Special Provisions section. 19.0 FIDELITY BONDING (NOT APPLICABLE TO LOCAL GOVERNMENTAL ENTITIES) Prior to any disbursements, for any purpose other than obtaining fidelity bonds, Contractor agrees that all persons handling funds received or disbursements made hereunder shall be covered by a fidelity bond in an amount equal to 50% of the Contract amount up to a maximum of $100,000 and shall provide the Workforce Partnership with a copy of such bond. The terms of the bond shall include the Workforce Partnership as a named additional insured and an endorsement to the effect that the insurer shall notify the Workforce Partnership in writing of any cancellation or material change in the bonding coverage. In the event of cancellation or reduction, the Workforce Partnership shall make no further disbursement until it is assured that adequate coverage has been obtained. 20.0 INSURANCE (NOT APPLICABLE TO LOCAL GOVERNMENTAL ENTITIES) 20.1 The Contractor shall procure and maintain during the entire period of performance under this Contract the following minimum insurance: Page 14 of 29 2012 OJT RFP Type of Insurance Coverage A) Casualt y (fire and theft) 100% covering all personal propert y acquired with Workforce Partnership funds. B) Commercial General $1,000,000 per occurrence for Liabilit y including bodil y injury, personal injury premises, operations, and and propert y damage. General automobiles, and sexual Aggregate limit shall be no misconduct insurance less $2,000,000. (sexual misconduct insurance is required onl y for youth service providers and can be a component of the commercial general liabilit y insurance, professional liabilit y insurance or a stand alone policy). C) Worker's Compensation As required by state law 20.2 Prior to commencement of work, Contractor shall furnish to the Workforce Partnership a Certificate of Insurance or written statement from the insurance carrier indicating the presence of the required insurance. The Certificate of Insurance shall list the Workforce Partnership as additional insured. The certificate or statement shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Workforce Partnership in such insurance shall not be effective until 30 days after written notice thereof to the Workforce Partnership. 20.3 Certificates or Statements shall be addressed to: San Diego Workforce Partnership, Inc. ATTN: Vice-President and Chief Operating Officer 3910 Universit y Avenue, Suite 400 San Diego, CA 92105 21.0 WAGE AND SALARY LIMITS 21.1 Contractor shall not pay its employees funded under this Contract in excess of the occupational earnings paid in like positions in the San Diego Metropolitan area. The U.S. Department of Labor publication entitled, "Area Wage Survey for San Diego" may be used as a guide. Page 15 of 29 2012 OJT RFP 21.2 As stated in Public Law 109-234, Section 7013, Contractor shall not use funds appropriated to the Workforce Partnership through the DOL Employment and Training Administration (ETA) to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. A salary table providing this rate is listed on the Federal Office of Personnel Management Web-site www.opm.gov under Salaries and Wages. These levels are adjusted annually and the web-site is updated accordingly. Effective January 1, 2010 the salary and bonus limit is set at $179,700 until otherwise advised. Contractors shall follow the instructions for implementing the salary and bonus limitations as provided in the DOL Training and Guidance Letter (TEGL) 05-06, "Implementing the Salary and Bonus Limitations in Public Law 109-234." This limit shall not apply to vendors providing goods and services as defined in the Office of Management and Budget Circular A-133. 21.3 The Workforce Partnership shall reimburse Contractor only for staff salaries/wages that are allowable under the funding source for this Contract (e.g. WIA) and are incorporated in Contractor's budget. 21.4 Contractor must maintain complete time and attendance records for all personnel funded by the Workforce Partnership. This includes such records for administrative staff or participants receiving wages. 22.0 PROGRAM INCOME 22.1 Contractor shall adhere to Program Income Procedures detailed in Chapter VI, Financial Management, of the Operations Manual as prepared and issued by the Workforce Partnership. 22.2 All income and earnings in any way attributable to activities funded under this Contract are program income. 22.3 Private-for-profit Contractor's earnings will not be treated as program income. 22.4 Program income shall be reported to Workforce Partnership monthly, or periodically as instructed by Workforce Partnership staff. These funds may be retained by the Contractor to underwrite additional training or training-related services pursuant to the program that generated them, consistent with the purposes of WIA or, and the program income procedures. 23.0 SUSPENSION OF FUNDING 23.1 Funds may be suspended in whole or in part for cause prior to or in lieu of Contract termination. Cause shall include, but is not limited to, the following: a. Failure to comply in any respect with any of the terms or conditions of this Contract. Page 16 of 29 2012 OJT RFP b. Any violation of applicable federal regulations or Workforce Partnership guidelines. c. Submittal of reports to Workforce Partnership that are incorrect in any substantial and material respect. d. The grant to the Workforce Partnership for this program is terminated or suspended. e. The Contractor is unable or unwilling to accept any additional conditions that may be required by law, by executive order, by regulations, or by other policy announced by the grantor. 23.2 Upon suspension of Contract funding, Contractor agrees not to expend any funds related to or connected with the area of conflict from which the Workforce Partnership has determined that suspension of Contract funding is necessary. 23.3 It is understood and agreed that Contractor shall submit to the Workforce Partnership a contract closeout package in accordance with the procedures delineated in the Chapter VI, Financial Management, of the Operations Manual. Failure to submit said package shall result in the withholding of any final payment due under this Contract and/or payments or advances requested under other Workforce Partnership-funded contracts until such time as the Workforce Partnership receives Contractor's closeout package for this Contract. 24.0 PAYMENT 24.1 It is expressly understood by the parties to this Contract that the total compensation to be paid to Contractor shall not in any event exceed the amount indicated on the Contract Title Page. No expenditure of Contract funds shall be made or obligation incurred in excess of the amount authorized by any budget account title except as provided in this Contract. 24.2 Payments to Contractors will be made in the form of reimbursements of Contractor's costs incurred during the preceding month. 24.3 Contractor shall be reimbursed for administrative costs in proportion to program expenditures and any significant deviation from the operating budget may subject the Contractor to possible suspension of funding. The Workforce Partnership may elect not to honor a particular payment request under this Contract if: a. Contractor, with or without knowledge, shall have made any misrepresentation of a substantial and material nature with respect to any information furnished to the Workforce Partnership. b. Litigation is pending with respect to the performance by Contractor of any of its duties or obligations hereunder which may jeopardize or adversely Page 17 of 29 2012 OJT RFP affect the understanding of or the carrying out of this project, including any court action or proceeding involving the Federal Bankruptcy Code Title II. c. Contractor is in default of this under this Contract, i.e., Contractor has materially failed to comply with any provision. d. Contractor shall not have submitted the required statement and reports on the dates prescribed by the Workforce Partnership. 25.0 COMMINGLING OF FUNDS Funds provided to the Contractor under this Contract may not be commingled with those obtained from any other sources, nor shall these funds be used for any purpose other than payment of the reasonable, allowable and allocable expenditures incurred in furtherance of this Contract. Specifically forbidden is the temporary "loan" or transfer of funds provided by the Workforce Partnership under this Contract to other programs within the control of Contractor. 26.0 CASH ADVANCE 26.1 Contractor acknowledges that cash advances shall be available only when the Contractor clearly demonstrates a financial need for a cash advance. Contractors that do not have sufficient funds from other sources will be considered eligible for a cash advance. Contractors who feel they meet the financial needs requirement shall submit a written request for a cash advance to their Contract point of contact at the Workforce Partnership, clearly stating the need and the financial status of the requesting organization. Sufficient documentation of financial need must be submitted with the written request. Final approval of the request for cash advance is at the discretion of Workforce Partnership's Finance Director. If the request is approved, the amount advanced will cover the estimated cash needs of the Contractor for an initial one-month period not to exceed 20% of the Contract amount. 26.2 Terms of repayment: The cash advance will be applied to the first invoice submitted to Workforce Partnership after receipt of the cash advance. If that month's expenditures are less than the cash advance, subsequent month's expenditures will be applied until the cash advance is repaid. Thereafter, Contractor will be reimbursed for actual cash disbursements and shall then return to standard invoicing practices. Page 18 of 29 2012 OJT RFP 27.0 IN-KIND CONTRIBUTIONS/MATCHING FUNDS/STAND-IN COSTS 27.1 Contractor shall track, on a monthly basis, all in-kind contributions, matching funds, if required by the contract, and non-federal stand-in costs. 27.2 Contractor shall report to the Workforce Partnership on forms provided to the Contractor by the Workforce Partnership, all in-kind contributions, matching funds, if required, and non-federal stand-in costs on a monthly basis. The Special Provisions section of the Contract will indicate if less frequent reporting is required. 28.0 AUDIT The following requirements apply to not-for-profit nonprofit and public organizations that expend $500,000 or more a year in federal awards from all sources for fiscal years ending after December 31, 2003. (For Fiscal Year's ending prior to 12/31/03, the threshold is still $300,000.) Non-profit and government organizations may not charge the cost of an audit to WIA or any other federal grant, if the organization expended less than $300,000 in total federal awards (all sources), beginning with audits of fiscal years ending on or after June 30, 1997. 28.1 Contractor shall be responsible for the procurement and conduct of audits in compliance with the Single Audit Act of 1984, as amended. An independent CPA firm must conduct the audit in compliance with the requirements of the Single Audit Act of 1984 (P.L. 98-502) and the Single Audit Act Amendments of 1996 (P.L. 104-156), as amended. The audit shall include a review of the financial statements and a review of all compliance areas of the funding source, e.g. WIA. Contractor shall provide the Workforce Partnership with a copy of the completed audit no later than 30 days after receipt of the final audit report. 28.2 If a special audit of any work, services, records, or documents retained or used by Contractor in connection with this Contract is required by the Workforce Partnership to safeguard program integrity, an independent CPA firm approved by the Workforce Partnership and engaged by Contractor shall conduct such audit. The costs of which such special audit shall be borne by the Contractor and charged to the administrative cost category of the contract budget. 29.0 PROCUREMENT AND PURCHASES 29.1 Contractor shall have written procedures for the acquisition of goods and services. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts, including conflict of interest. Each procurement must be documented and follow the guidance of 29 Code of Federal Regulations (CFR) Part 95, Sections 95.40 through 95.48 for institutions of higher education, hospitals and other non-profit and commercial organizations, 29 CFR Part 97, Section 97.36 for states and local government and Page 19 of 29 2012 OJT RFP OMB Circular A-133. Contractor shall make positive efforts to utilize small businesses, minority-owned firms, and women's business enterprises, in procuring services. 29.2 All purchases of consumable supplies or materials, capital equipment and/or services made pursuant to this Contract shall be made by purchase order or by written contract. The Contractor shall follow the provisions of Chapter III, Property Management, of the Operations Manual for all acquisition, use, and disposition of property purchased with Workforce Partnership funds. 29.3 Title to property and equipment that is rented or leased with an option to purchase by the Contractor shall be vested in the Workforce Partnership if the Contractor exercises the option to purchase. The Workforce Partnership shall be notified of any lease purchase agreement. 30.0 MAINTENANCE OF RECORDS/ACCESS TO RECORDS 30.1 Contractor shall maintain and safeguard participant files and records, program records and documents, and evidence of accounting procedures and practices. Records must be sufficient to justify all payments claimed and paid under this Contract and to support payments to third parties for participant training/services such as on-the-job training reimbursements to employers, or payments of tuition fees. 30.2 As a condition to receiving WIA funds, the federal, State and Workforce Partnership auditors, monitors, and their representatives shall have access to all Contract documentation and records at all times during the period that the Contract is in force, and for a period of five (5) years thereafter. 30.3 All Contract documentation or records, including bank accounts, accounting records and personnel records must be maintained within the geographical boundaries of San Diego County at all times during performance of this Contract and until such time as the Contract is audited. Any transfer beyond San Diego County requires the Workforce Partnership's prior written approval. 30.4 Contractor shall maintain all records for a minimum of five (5) years from the Contract closeout date. If an administrative adjudication or litigation is commenced, the record retention period will be extended for the additional time required to complete the litigation. Should Contractor cease operations prior to the end of the five (5) year retention period, the Contractor shall either: a. Notify the Workforce Partnership as to the location of the repository of the records, or b. Deliver the records to a location designated by the Workforce Partnership. Page 20 of 29 2012 OJT RFP 31.0 PERMITS AND RESPONSIBILITIES Contractor shall, without additional expense to the Workforce Partnership, be responsible for obtaining any necessary licenses and permits and for complying with any applicable federal, or state and municipal laws, codes, and regulations. Contractor shall take proper safety and health precautions to protect the work, the employees, the public, and the property of others. 32.0 PATENT RIGHTS/INTELLECTUAL PROPERTY 32.1 Contractor agrees to comply with U.S.C. 203, Patent Laws for Government Contracts and notify the Workforce Partnership of any discovery or invention that arises or is developed in the course of or under this contract. 32.2 Contractor agrees that all intellectual properties created by the Contractor in the course of performance of Contractor's duties under this Contract, including without limitation, all patentable and copyrightable inventions and recordings, in every format, are each a "work for hire" and are the sole and exclusive property of the State, except as provided in 37 CFR Regulations part 401.14 and CFR 97.34 where it is the property of DOL, as indicated in the WIA Subgrant Agreement, provision 19. In the event this Contract does not qualify as a "work for hire" agreement, in partial consideration for the compensation paid to Contractor pursuant to this Contract, Contractor hereby irrevocably assigns to Workforce Partnership, on behalf of the State and DOL, in perpetuity, all of Contractor's rights, title, and interest in and to all copyrights, patents, know-how, and other forms of intellectual property created by Contractor in the course of performance of Contractor's duties under this Contract. Contractor agrees to execute any forms of assignment or transfer reasonably requested by the Workforce Partnership during or following the term of this Contract in order to evidence the foregoing agreement of the parties. 33.0 CONFLICT OF INTEREST Contractor will establish safeguards to prohibit employees from using their position for a purpose that is or gives the appearance of being motivated by desire for private financial gain for themselves or others, particularly those with whom they have family, business, or other relationships. Contractor's personnel shall not accept gratuities, favors, etc., from subcontractors or potential subcontractors. 34.0 OTHER FUNDING SOURCES Contractor shall make available to the Workforce Partnership with copies of contracts and any related contractual or financial information for any other projects and activities conducted by Contractor to assure the Workforce Partnership that there is maintenance of effort and no duplication of services, and that Workforce Partnership funds supplement rather than supplant the level of effort. Page 21 of 29 2012 OJT RFP 35.0 PROGRAM MANAGEMENT 35.1 Contractor shall designate in writing to the Workforce Partnership an individual to be the Contractor's primary point of contact. Any changes in the designated individual or change of Program Director or change in the responsible fiscal officer shall be reported in writing to the Workforce Partnership within ten (10) working days. 35.2 Contractor shall indicate in writing to the Workforce Partnership its office site(s) as well as its training site(s). Any changes in the office/training site(s) shall be reported to the Workforce Partnership prior to the effective date(s) of the changes. 36.0 REQUEST FOR DATA Contractor shall provide on request of Workforce Partnership, or its authorized agent, programmatic or financial information not necessarily addressed elsewhere in this Contract. Such data may include, but is not necessarily limited to, Contractor's past, present, or projected financial condition, balance sheets, or fund statements of revenues and expenses, cash flow statements, detailed list and schedule of liabilities with appropriate explanatory annexes. 37.0 MARKETING Prior to release, all marketing materials shall be submitted to Workforce Partnership Marketing and Communications Department for approval. All publications, surveys, radio scripts, television scripts, multi-media productions and publications developed through a project funded wholly or partially with funds under this Contract shall contain the following program identification: "An Agency Funded by the San Diego Workforce Partnership, Inc." or "A Program Funded by the San Diego Workforce Partnership, Inc." The Workforce Partnership trademark will be used whenever feasible on Contractor marketing materials. The Workforce Partnership will provide the trademark. 38.0 ENTIRE CONTRACT This Contract represents the sole and entire agreement between Workforce Partnership and Contractor and supersedes all prior negotiations, representations, agreements, arrangements or understandings, either oral or written, between or among the parties hereto, relating to the subject matter of this Contract, which are not fully expressed herein. No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of both Workforce Partnership and Contractor. Page 22 of 29 2012 OJT RFP 39.0 CONTRACT MODIFICATIONS 39.1 Procedure: Contractor shall submit any request for change in writing with a complete justification and explanation. In addition, revised budgets and schedules, where appropriate, must be submitted on 3.5-inch diskette. 39.2 Workforce Partnership Response: Contractor shall receive written notification from the Workforce Partnership indicating the disposition of any request for contract modifications. 39.3 Workforce Partnership Authority: The Workforce Partnership may make certain limited unilateral modifications to this Contract at any time under the following circumstances: a. There is an increase or decrease in federal or state funding levels. b. A modification to the Contract is required in order to implement an adjustment to a Contractor's plan. c. Funds awarded to the Contractor have not been expended in accordance with the schedule included in the approved Contractor's plan. If after consultation with the Contractor, the Workforce Partnership has determined that the funds will not be spent in a timely manner, such funds will be for that reason, to the extent permitted by and in a manner consistent with state and federal law, regulations and policies, recaptured by the Workforce Partnership for reallocation. d. There is a change in state and federal law or regulation requiring a change in the provisions of this Contract. 39.4 No contract modifications will be accepted after March 31, for contracts ending on June 30, of a particular program year. Exceptions will be made for no cost extensions and extreme circumstances that cause a deviation from the business plan. 39.5 Except as provided in Section 7.2 and 39.3, this Contract may be amended only in writing by the mutual agreement of both parties. 39.6 An amendment is required to change the Contractor's name as listed on this Contract. Upon receipt of legal documentation of the name change, the Workforce Partnership will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 40.0 ASSIGNMENT Contractor's services are unique to the needs of Workforce Partnership. Contractor shall not assign or transfer any interest in this Contract, whether by assignment or novation, without the prior written consent of Workforce Partnership, provided however that claims for money due or to become due to the Contractor from the Workforce Partnership under this Contract may be assigned to a bank, trust company or other financial institution, Page 23 of 29 2012 OJT RFP without such approval. The Contractor shall furnish notice of any such allowed assignment or transfer promptly to Workforce Partnership by the Contractor. 41.0 INDEPENDENT CONTRACTOR STATUS 41.1 Contractor enters into this Contract and will remain through the term of the Contract as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principle of Workforce Partnership while this Contract is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to Workforce Partnership's employees, including disability or unemployment insurance, worker's compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at his own expense, disability, unemployment, and other insurance, worker's compensation, training, permits and licenses for himself and his employees and subcontractors. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of compensation paid by Workforce Partnership to Contractor for services under this Contract. On request, Contractor will provide Workforce Partnership proof of timely payment. Contractor agrees to indemnify Workforce Partnership for any claims, costs, losses, fees, penalties, interest, or damages suffered by Contractor's failure to comply with this provision. 41.2 The Workforce Partnership will not be obligated or liable hereunder to any party other than Contractor. Contractor shall so notify all subcontractors. 41.3 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services under this Contract. Any such employment or other duties shall have prior written approval of Workforce Partnership. 42.0 SUBCONTRACTING 42.1 All subcontracts, except on-the-job training contracts, which shall conform to applicable program guidelines, are subject to Workforce Partnership approval prior to implementation and shall provide for compliance with Section 4.0 of these General Provisions regarding Public Law 101-336, Americans with Disabilities Act of 1990. Only work or services provided in this contract may be subcontracted; furthermore, such subcontracts must be identified in the appropriate program or services budget. 42.2 Written subcontracts for any work or services subcontracted shall be provided to the Workforce Partnership with the written request for approval of the subcontract, and must be kept on file by the Contractor. Page 24 of 29 2012 OJT RFP 42.3 The request for approval of any proposed subcontract shall include a subcontract monitoring plan that describes the planned dates and content of each subcontract monitoring visit. The Contractor shall provide a written report of each monitoring visit to the Workforce Partnership within ten days of each visit. 42.4 Subcontracts shall include all requirements and restrictions that apply to this Contract. 43.0 INDEMNIFICATION Performance of this Contract and all work or obligations covered by and arising out of this Contract shall be at the risk of Contractor exclusively. To the fullest extent permitted by law, Contractor shall, with respect to all work or obligations covered by or arising out of this Contract, or the performance thereof, indemnify, hold harmless and defend the Workforce Partnership, San Diego Consortium Policy Board, the San Diego Workforce Investment Board, the City of San Diego, and the County of San Diego, and each of its officers, partners, joint venturers, representatives and/or employees from and against any and all allegations, losses, claims, actions, demands, damages, liabilities, or expenses (including costs, expenses and attorneys' fees), arising directly or indirectly from this Contract, or the performance thereof, except to the extent that the matter in question has been caused by the Workforce Partnership's sole negligence or sole willful misconduct. 44.0 ATTORNEYS' FEES AND COSTS If any legal action or any arbitration or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 45.0 SEVERABILITY OF PROVISIONS If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 46.0 NOTICE Any notice that may or must be given by any party under this Contract will be delivered (i) personally, (ii) by certified mail, return receipt requested, or (iii) by a nationally recognized overnight courier, addressed to the party to whom it is intended. Any notice given to either party shall be sent to the respective address set forth on the signature page of the Contract, or to such other address as that party may designate for service of notice by a notice given in accordance with the provisions of this Section. Page 25 of 29 2012 OJT RFP A notice sent pursuant to the terms of this Section shall be deemed delivered (A) when delivery is attempted, if delivered personally, (B) three (3) business days after the deposit into the United States mail, or (C) the day following deposit with a nationally recognized overnight courier. 47.0 TERMINATION FOR DEFAULT If either party defaults in the performance of this Contract, the non-defaulting party may terminate this Contract if such default is not cured by the defaulting party within ten (10) business days after receipt of written notice specifying the default. 48.0 TERMINATION ON OCCURANCE OF STATED EVENTS This Contract will terminate automatically on the occurrence of any of the following events: a. Bankruptcy or insolvency of either party; b. Sale of Contractor's business; c. Death of Contractor. 49.0 TERMINATION DUE TO UNAVAILABILITY OF FUNDS When funds are not appropriated or otherwise made available by Workforce Partnership to support continuation of this Contract, this Contract shall be cancelled as of the effective date set forth in the termination notice and Contractor shall be reimbursed for the reasonable value of any nonrecurring cost incurred but not yet recovered under this Contract. 50.0 TERMINATION FOR CONVENIENCE Workforce Partnership, by thirty (30) day written notice, may terminate this Contract, in whole or in part, when it is in the best interests of Workforce Partnership. If the Contract is for supplies and is so terminated, Contractor shall be compensated in accordance with its auditable costs to point or notification of termination. To the extent that the Contract is for services and is so terminated, Workforce Partnership shall be liable only for payment in accordance with the payment provisions of the Contract for the actual services rendered to the effective date of the termination. 51.0 SPECIAL PROVISIONS This section is reserved for special provisions unique to this particular Contract. If there are no pertinent special provisions, this section shall state: "No special provisions apply to this Contract." Page 26 of 29 2012 OJT RFP
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Sanctioning body hits crew chief with $125,000 and six week suspension, Newman docked 75 championship points.
Queers4Gears Founder and Editor Michael Myers gives his take on how Indianapolis Motor Speedway has reacted to the recently implemented controversial Indiana Religious Freedom Law.
After extensive tests, Larson is hopeful he will be deemed fit to compete.
David Ragan posts his first top-five finish since 2013 Talladega win.
Sanctioning body goes back to the drawing board for time trials, new procedures to debut at Talladega Superspeedway in May.
AJ Allmendinger has engine woes for the third-straight week, Austin Dillon joins him on the sidelines.
Patrick posts her career-best finish on a short track.
16 cautions slowed the action today.
After winning on "the Paper clip" in October, the No. 88 collected in pile up
Regan Smith will fill in the No. 42 Target Chevy for Ganassi Racing.
Second-generation racer is not nervous about Martinsville debut
After fainting in an autograph session, Kyle Larson taken to Carolinas Medical Center in Charlotte for further evaluation.
For Elliott, Sundays at the track have always meant watching his father...
Ganassi racer taken to local hospital for further evaluation
Biffle shows speed before experiencing setback, Busch tops the speed chart in final practice.
Spring Break offers Jeff Gordon an opportunity for family time.
Aric Almirola, David Ragan tangle during first morning practice session at Martinsville Speedway.
Competitors speak out, bleeders could be a solution.
After a misunderstanding in first practice, Stewart takes out frustrations on rookie driver.
Driver of the No. 22 Team Penske Ford falls short of his own track record.
Hendrick Motorsports will go for its 23rd victory at the .526-mile track, which might as well be called "Hendrickville,"
NASCAR sends confiscated tires for further evaluation.
Slugger Labbe suspended for three races and fined $50,000.
JGR president undergoing further neurological testing

subset: commoncrawl


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This title in other editions
The Missing Ink: The Lost Art of Handwritingby Philip Hensher
Synopses & Reviews
Publisher Comments:
When Philip Hensher realized that he didn't know what a close friends handwriting looked like ("bold or crabbed, sloping or upright, italic or rounded, elegant or slapdash"), he felt that something essential was missing from their friendship. It dawned on him that having abandoned pen and paper for keyboards, we have lost one of the ways by which we come to recognize and know another person. People have written by hand for thousands of years — how, Hensher wondered, have they learned this skill, and what part has it played in their lives?
The Missing Ink tells the story of this endangered art. Hensher introduces us to the nineteenth-century handwriting evangelists who traveled across America to convert the masses to the moral worth of copperplate script; he examines the role handwriting plays in the novels of Charles Dickens; he investigates the claims made by the practitioners of graphology that penmanship can reveal personality.
But this is also a celebration of the physical act of writing: the treasured fountain pens, chewable ballpoints, and personal embellishments that we stand to lose. Hensher pays tribute to the warmth and personality of the handwritten love note, postcards sent home, and daily diary entries. With the teaching of handwriting now required in only five states and many expert typists barely able to hold a pen, the future of handwriting is in jeopardy. Or is it? Hugely entertaining, witty, and thought-provoking, The Missing Ink will inspire readers to pick up a pen and write.
"Attempting to document the value of handwriting and make the case against its disappearance, this book satisfies the former goal better than the latter. Novelist, columnist, and art critic Hensher (The Northern Clemency) sets out bemoaning the decline of handwriting in daily life, and his conclusion that handwriting should hold a spot in our hearts similar to that of cooking a meal from scratch, while sensible, arrives as predictable. The body of the work contains more interest than its bookends, examining how handwriting became a universal skill in Western society. Chapters on the Protestant-ethic genesis of copperplate and the pseudoscience of graphology, in particular, prove fascinating. Hensher punctuates this history with eight engaging though meandering short interviews with individuals and groups about handwriting in their daily lives. Overall, the book is not cohesive — the section on forgeries of Hitler's handwriting, for instance, feels out-of-place, and a page-long anecdote about italic script, signifying for Hensher the preparation for death, is frustratingly murky. The value, limitation, history, and decline of handwriting are undeniably topics worth examining, but the book only fills half the glass of discursive possibility. 30 b&w illus. Agent: Georgia Garrett, Rogers, Coleridge & White." Publishers Weekly Copyright PWxyz, LLC. All rights reserved.
"We all communicate, of course (tweet tweet tweet, and yack yack yack on the mobile), but not by pen and ink. Does it matter? I didn't have to read 274 pages to be persuaded that it does, but I am very glad indeed that those pages were written and that I have read them. From this book, the wisest and wittiest argument imaginable for the preservation of handwriting, I have learnt so much, and by it have been so happily entertained, that I am compelled to recommend it to everyone." Diana Athill, The Literary Review
"Tremendous....What a writer he is!" Philip Pullman, author of The Good Man Jesus and the Scoundrel Christ
When Philip Hensher realized that he didn't know what one of his closest friends handwriting looked like, he felt that something essential was missing from their friendship. It dawned on him that, having abandoned fountain pens for keyboards, we have lost one of the ways by which we come to recognize and know another person.The Missing Ink tells the story of this endangered art. Hensher reflects on what handwriting can tell us about personality and personal history: are your own letters neat and controlled or messy and inconsistent? Did you shape your penmanship in worshipful imitation of a popular girl at school, or do you still use the cursive you were initiated into in the second grade? Hensher guides us through Arabic calligraphy and the story of the nineteenth-century handwriting evangelists who traveled across America to convert the masses to the moral worth of copperplate; he pays tribute to the warmth and personality of a handwritten note. With the teaching of handwriting now required in only five states, and many expert typists barely able to hold a pen, the future of handwriting is in jeopardy. Or is it? Just as Lynne Truss inspired a new generation of grammarians and Simon Garfield unveiled the exciting world of typefaces, Philip Hensher will inspire readers to pick up a pen and write. The Missing Ink brings all his considerable knowledge and self-effacing humor to bear on a book that will enlighten and thrill.
About the Author
Philip Hensher is a columnist for The Independent, arts critic for the Spectator, and a Granta Best of Young British novelist. He has written seven novels, including The Mulberry Empire, King of the Badgers, and the Booker-shortlisted The Northern Clemency, and one collection of short stories. He lives in South London and Geneva.
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|Property type
|Minimum Stay
|3 - 7 nights
New for 2014 - Free WiFi!
Great views of both the Ocean and the Bay from your 15th floor rooms. Enjoy the sunrise from the balcony & watch the beautiful sun set from the bedroom.
Fully equipped kitchen; washer & dryer are in the unit; 2 bedrooms & baths allow for privacy for 2 families. There is a queen bed in the master and a single over double bunk plus another single in the second bedroom.
Enclosed balcony is safe for children, while allowing you to enjoy the sea air along with the view of the dolphins playing just off shore.
Head to the beach each day or enjoy yourself at the on-site swimming pool, both just steps from the door. It's raining? The movie theater and shopping are just a few blocks down or curl up with a book / games in the living room. Need more books? The library is across the street. Borrow as much as you want for $15/yr. Rent a week earlier next year to get your money's worth!
The Atlantis is directly on the beach and has a private pool. 24 hour security & video monitoring of floors with very helpful employees. There is parking for one car with a $35.00 cash registration fee.
Clarion Hotel next door has great restaurants, live bands & daily happy hour.
Rental is Saturday to Saturday, with a 3 PM check-in and 10 AM check-out.
Bring your own linens, towels & paper products. Forget something? Walk just 4 blocks to the grocery store!
No pets or smoking, please.
Follow us on Twitter @atlantis1501
My wife and I both grew up in Southwestern PA and have lots of great memories of our trips to Ocean City with family and friends. We moved to the DC area in 2000 and took occasional weekend beach trips, happily realizing the eastern shore was a mere 3 hours away. We started dreaming of having a weekend getaway spot to call home and would casually look on our visits to OC. Our daughter was born in 2003 and our son in 2011, which greatly influenced what was going to be the 'right' beach home for our family. In 2010 we decided the time was right and began an all-out search for that perfect place. Finally, after an exhaustive search, we found our piece of the beach in March of 2012.
Erik purchased this condo in 2012
We looked at dozens of beach properties. Nothing could compare to Atlantis' friendly staff, attention to maintenance, focus on security, and its beautiful pool. Did I mention it is right on the beach? I had to feel 100% comfortable with the property for my family to stay there and to rent it to you. Atlantis exceeded our expectations on every level.
The north end of OC is definitely calmer than near the boardwalk. We love making the short drive/bus ride to the boardwalk, for all it has to offer, but it's nice to be able to take the family back to a more peaceful setting at the end of the day.
Since we are a family with young children we want to make sure parents have what they need for their own children. We have a pack n' play and a portable high chair in the unit so there's a few less items you need to pack in the car. It is a family vacation spot for us, so there are DVDs, books, and games for all ages, from toddlers to adults - something for everyone to enjoy.
Wait a fantastic condo!!! Beautiful views of the ocean and bay, easy access to the beach. Child proofed and comfortable. This will be where I stay every year!!! Glad I found this Jen.
My family enjoyed our stay very much. Roomy and comfortable condo with beautiful views of ocean and bay. Bars, live music and restaurants next door. Very nice pool.
We stayed for my graduation at UMES with my mom and sisters. The condo was very comfortable, clean and conveniently located to the highway. We walked to the beach every morning and my mom fell in love with the place. It was way cheaper than the hotel and we had everything we needed for cooking hence saved a ton of money on food. It was cheaper than most condos and you get more for your money. Worth every penny. This is going to be our regular spot for OC getaway.
For my first visit to Ocean City, I couldn't have picked a better vacation rental! The kids enjoyed the bunk beds, the toys and games, and the cable television (something we don't have at home!). I enjoyed having the privacy of a separate bedroom--particular one with such stunning views--and my own bathroom. The recliners in the living room were also incredibly comfortable. Only tiny complaints: the heavy door was quite difficult to open and twice required building staff assistance; the apartment itself is actually much nicer than the rest of the dated building; the bunk bed ladder hurt little climbing feet; and no free wi-fi. But major points for great space, comfortable furnishing, and a very friendly host. Thanks for sharing your slice of heaven with us!
This was a great vacation. The unit was more than we could have hoped for. Watching the sun come up from the front enclosed porch and watching it set over the bay from the master bedroom window was awesome.
We also liked the enclosed porch a lot... my wife and I had our meals out there while the kids enjoyed theirs at the dining room table / kitchen bar.
The kids loved the bunk beds and all of the board games and books.
We have stayed at a lot of timeshares over the years and this might be the best place we've ever stayed. Thank you so much and hopefully we can come back soon!
This condo was perfect for our family of 5. The description and photos were accurate, and the place was clean upon arrival. We loved being right on the beach--great for quick trips back for lunch, bathroom, etc. My husband and I enjoyed the enclosed porch in the morning with a cup of coffee and in the late afternoon/evening with a glass of wine. The whole rental process was easy. We enjoyed a relaxing week and the weather was great. We'll visit again in the future.
|Rate Period
|Weekend Night
Winter/Spring 2015
Jan 1 2015 - May 22 2015
3 night minimum stay
Early Season 2015
May 23 2015 - Jun 12 2015
7 night minimum stay
Summer 2015
Jun 13 2015 - Aug 29 2015
7 night minimum stay
Late Summer 2015
Aug 30 2015 - Sep 12 2015
7 night minimum stay
Fall 2015
Sep 13 2015 - Dec 31 2015
3 night minimum stay
|Property Damage Protection
|Tax Rate
50% down required to book with the remaining 50% due 30 days prior to check-in
$35 registration fee by condo paid at check-in
No refunds within 30 days of check-in.
Payment is usually accepted in the quoted currency (USD) unless the currency and the amount is specifically agreed in advance with the owner / advertiser.


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