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Career & Case Management
Services RFP 2017
WorkSource Middle Georgia
Middle Georgia Workforce Development Board
Proposal Submission Deadline: July 7, 2017 by 5:00 p.m.
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Table of Contents
TIMETABLE OF EVENTS............................................................................................................4BACKGROUND.............................................................................................................................5PROGRAM PERIOD.....................................................................................................................6SERVICE PROVIDER’S QUALIFICATIONS...............................................................................6FUNDING...................................................................................................................................... 6WIOA PROGRAM ELIGIBILITY REQUIREMENTS................................................................6-8SERVICES REQUIRED ...............................................................................................................8RESPECTIVE DUTIES...........................................................................................................GENERAL REQUIREMENTS................................................................................................PERFORMANCE.........................................................................................................................PROPOSAL SUBMISSION REQUIREMENTS.........................................................................CONTRACT ATTACHMENTS.............................................................................................ATTACHMENT 1 WORK STATEMENT....................................................................................ATTACHMENT 2 CONTRACT DEFINITIONS....................................................................ATTACHMENT 3 BUDGET FORMS....................................................................................ATTACHMENT 4 TRAINING PROVIDER ASSURANCES.................................................ATTACHMENT 5 GRIEVANCE PROCEDURES..................................................................ATTACHMENT 6 AUDIT RESOLUTION.............................................................................ATTACHMENT 7 EEO/AFFIRMATIVE ACTION...............................................................ATTACHMENTS 8 SEXUAL HARRASSMENT POLICY.................................................ATTACHMENT 9 CONSORTIUM ITA POLICIES...........................................................ATTACHMENT 10 DEBARMENT AND SUSPENSION CERTIFICATIONS LOWER TIER....................................................................................................................................ATTACHMENT 11 DEBARMENT AND SUSPENSION CERTIFICATIONS.................ATTACHMENT 12 DISCLOSURE OF LOBBYING .........................................................ATTACHMENT 13 SUB-CONTRACTOR AFFIDAVIT.....................................................ATTACHMENT 14 GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT OF 2011..............................................................................................................................ATTACHMENT 15 BUDGET SUMMARY........................................................................ATTACHMENT 16 PREVIOUS EXPERIENCE AND PRIOR PERFORMANCE SUMMARY.........................................................................................................................ATTACHMENT 17 FINANCIAL CAPABILITY STATEMENT.........................................ATTACHMENT 18 PROPOSAL RESPONSIVENESS CHECKLIST...............................ATTACHMENT 19 PROPOSAL REVIEW CRITERIA......................................................ATTACHMENT 20 PROPOSAL COVER SHEET.............................................................
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ATTACHMENT 21 STRATEGY TO MEET PERFORMANCE MEASURES....................
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Timetable of Events
RFP Issue Date June 20, 2017
Bidder’s Conference June 30, 2017 2:30 p.m.
RFP Submission Deadline July 7, 2017 5:00 p.m.
Notification to Proposers (Tentative)
July12, 2017
Program Begins July 17, 2017
Registration is requested for the Bidder’s conference to be held at the Middle Georgia Consortium, 124 Osigian Blvd., Suite A, Warner Robins, GA. Please call Teresa Ragan at 478-953-4771 or email: [email protected]
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REQUEST FOR PROPOSAL (RFP)CAREER SERVICES AND CASE MANAGEMENT
I. BACKGROUNDThe Middle Georgia Workforce Development Board (WDB) Area 11 in Region 6 is requesting proposals from entities to provide Career Services and Case Management to Adults and Dislocated Workers as defined in the Workforce Innovation and Opportunity Act (WIOA) of 2014 (Public Law 113-128) at http://www.gpo.gov/fdsys/pkg/PLAW-113publ128/pdf/PLAW-113publ128.pdf, United States Department of Labor (USDOL) Final Regulations at https://www.doleta.gov/wioa/Final_Rules_Resources.cfm, State of Georgia http://www.georgia.org/competitive-advantage/workforcedivision/worksource-georgia/resources/georgia-state-plan and WorkSource Middle Georgia (Middle Georgia Consortium, Inc.) http://www.mgwib.com.
The Middle Georgia (WDB) is seeking a Service Provider(s) who will provide year-round Career Services and Case Management to residents across the ten (10) county Middle Georgia Workforce Area which includes the following counties in Georgia: Baldwin, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs and Wilkinson.
Services funded as a result of this solicitation will be governed by the WIOA Key Principles and Goals listed below:
WIOA Key Principles Increasing access to, and opportunities to receive services necessary to succeed in the
labor market. Enhancing strategic roles to increase flexibility to tailor services to meet employer and
worker needs. Streamlining service delivery of partners programs to make the system understandable and
accessible to job seekers and businesses. Supporting alignment of partner program to support a comprehensive, accessible and Improving the quality and labor market relevance. Promoting performance accountability across all WIOA authorized programs. Increase prosperity and economic growth.
WIOA Goals Increase credential attainment to improve the quality of the workforce, Increase employment, retention and earnings, Reduce welfare dependency, Increase economic self-sufficiency, Meet skills requirements of employers, and Enhance productivity and competitiveness of the nation as a whole.
This RFP does not commit the Middle Georgia WDB to award a contract or to pay any costs incurred in the preparation of proposal(s) in response to this request. The Middle Georgia WDB reserves the right to accept or reject, wholly or in part any or all proposals received as a result of this procurement process.
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Service Provider must be able to provide a full array of WIOA Services to all customers and participants consistent with WIOA laws and regulations, specifically Career Services and Case Management. In addition, Service Provider must follow all federal, state and local policies while providing services.
The Middle Georgia WDB will review, evaluate and awards funding to a Service Provider that demonstrate the ability to effectively deliver and manage services as described in this RFP. Consequently, it is the expectation that the Service Provider will be proficient in their understanding of WIOA services and regulations. All proposals must be comprehensive and address the full scope of services outlined in this RFP.
II. PROGRAM PERIOD
The first-year award will be for Program Year 2017 (PY17), beginning July 17, 2017, and ending June 30, 2018. Subsequent contract years will run twelve (12) months, July 1 through June 30 of each year. Any modification requests to the PY17 contract awards to this RFP is March 31, 2018.
III. SERVICE PROVIDER’S QUALIFICATIONSAny private for profit entity, private non-profit entity, public entity, local boards of education, and institutions of higher learning may qualify. Service Provider must be “eligible” to be on the State Eligible Providers List (EPL) for a contract to be awarded and must have a minimum of the following qualifications:
A. Knowledge of WIOA, more specifically the laws and regulations related to providing Career Services and Case Management for WIOA Adults and Dislocated Workers program(s).
B. Have at least two (2) years experience providing Career Services and Case Management for Adult and Dislocated Worker training program(s).
C. Knowledge of other federal and state laws regarding job training, job placement assistance and supportive services for Adults and Dislocated Workers.
D. Have the capacity to serve residents from the following Middle Georgia Workforce counties of Baldwin, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs and Wilkinson counties.
E. Knowledge of WIOA Youth Programs and Services. F. Have no record of unsatisfactory performance under a current or past contract with any
Middle Georgia WDB programs or other program contracts providing similar services.G. Ability to meet other requirements indicated in this RFP.
IV. FUNDING
Contract(s) funded as a result of this RFP will be for one year. Continuation of a contract beyond one year will be based on satisfactory performance during the previous year, resolution of audit findings and/or monitoring concerns, successful contract negotiations, funding availability and Middle Georgia WDB’s approval.
It is estimated that there will be $110,000 available to fund this RFP during the initial period from July 1, 2017 – June 30, 2018. The funding in this RFP is an estimate only. This estimate is subject to federal budgetary policy decision(s).
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V. WIOA PROGRAM ELIGIBILITY REQUIREMENTS
Except for WIOA self-service or information-only activities, individuals who received services (Individualized and Training) funded under WIOA Title I must be registered and meet the WIOA Adult or Dislocated Worker eligibility requirements to be a WIOA qualified participant. All WIOA-eligible participants MUST reside in one of Middle Georgia WDB’s 10 counties identified above, unless expressed written permission is approved by the Middle Georgia Consortium’s Executive Director.
Service Provider is responsible for collecting documentation to determine eligibility to receive or participate in WIOA funded training. Middle Georgia WDB staff will determine whether an individual meets eligibility requirements to participate in WIOA funded training programs. Documentation to determine eligibility MUST be forwarded to the Middle Georgia WDB staff to determine program eligibility. Eligibility must be completed in accordance with WIOA law and regulations and the Middle Georgia WDB policies and procedures. Data entry into the Georgia Work Ready (GWR) will be completed by Middle Georgia WDB staff and Service Provider.
Eligibility Criteria (Adult and Dislocated Worker)
Adult (WIOA Section 3 (2))Individuals must:
Must be 18 years of age or older Must be a citizen or noncitizen authorized to work in the United States Meet Selective Service requirements Meet Income Eligibility guidelines
NOTE: Adult applicants may also be unemployed or underemployed and meet the priority if service requirements.
Underemployed is defined to mean: Individuals who are employed less than full-time and are seeking full-time employment,
or Individuals who are employed in a position not commensurate with the individuals
demonstrated level of educational attainment and skills; Individuals who are working full time and meet the definition of low income, according to
LWDB policies; or
Individuals who are employed, but whose current job earnings are not sufficient compared to their previous earnings.
Dislocated Worker (WIOA Section (15) (A)(i) -(16)(B))Individual:
Have been terminated or laid off, or has received a notice of termination or layoff from employment, and
Is eligible for or has exhausted entitlement to unemployment compensation, and Is unlikely to return to a previous industry or occupation.
Individuals who has been terminated or laid off, or has received a notice of termination or layoff from employment, and
Has been employed for a duration sufficient to demonstrate attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that was not covered under a state’s UI law; and
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Is unlikely to return to a previous industry or occupation.
Who was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters. (This includes individuals working as independent contractors or consultants, but not technically employees of a firm.)
Who is a Displaced Homemaker, as defined in WIOA § 3 (16). o A displaced homemaker is an individual who has been providing unpaid services to
family members in the home, and Who has been dependent on the income of another family member, but is no
longer supported by that income; or
Is the dependent spouse of a member of the Armed Forces on active duty, and
Whose income is significantly reduced because of a deployment, a call or order to active duty, a permanent change of station, or the service-connected death or disability or the member; and
Is unemployed or under employed; and Is experiencing difficulty in obtaining or upgrading employment.
or is the dependent spouse of a member of the Armed Forces on active duty,
and who has experienced a loss of employment as a direct result of relocation to
accommodate a permanent change in duty station of such member; or
is the spouse of a member of the Armed Forces on active duty; and who is unemployed or underemployed, and is experiencing difficulty in obtaining or upgrading employment.
NOTE: All original participant documentation MUST be forwarded to the Middle Georgia WDB staff. Service Provider MUST keep copies of all files/documentation for their records. Verification and certification of eligibility (Adult or Dislocated Worker) to participate in WIOA funded training programs must be completed prior to enrollment.
VI. SERVICES REQUIREDService Provider is responsible for providing Career Services to individuals interested in WIOA services, and Case Management to all individuals enrolled in WIOA training. Career Services, as identified in sec. 134(c )(2) of WIOA and 20 CFR 678.430, consist of three types (Basic and Individualized Career Services and Follow-Up). Service Provider must provide all customers and participants with information on the full array of services available through WIOA.
Basic Career Services are detailed, but are not limited to services described in Sec 134 (c )(2) of WIOA and 20 CFR 678.430 (a)(1) – (11).
Individualized Services are detailed, but are not limited to services described in Sec 134 (c ) (2) of WIOA and 20 CFR 678.430 (b)(1) – (11). Under no circumstance will any individual be allowed to receive any individualized career services or begin any training services until eligibility determination has been approved by Middle Georgia WDB staff.
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Follow-Up Services are detailed, but are not limited to services described in Sec 134 (c ) 2 of WIOA and 20 CFR 678.430 (c ) and (d).
Case Management is defined as a multi-step process which includes duties/tasks such as orientation, intake and eligibility, partner coordination and referrals, supportive services analysis and coordination, data entry, assessment, collect and process participants timesheets, process tuition invoices, career planning, individual employment plan (IEP) implementation, service(s) coordination, monitoring and follow-up, reassessment, case conferencing, workshops, student reimbursements preparation, crisis intervention, case file development and maintenance and case exits and follow-up. Certification of eligibility for WIOA funded programs must be completed prior to enrollment.
NOTE: All original participant documentation MUST be forwarded to the Middle Georgia WDB staff. Service Provider MUST keep copies of all files/documentation for their records.
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VII. 1RESPECTIVE DUTIES: In performance of the terms of this agreement, the respective duties of the parties are as follows:
1. The Middle Georgia WDB will:
A. TECHNICAL ASSISTANCE – Train, provide consultation and technical assistance to the Training Provider staff as needed.
B. MONITORING – Middle Georgia WDB will provide monitoring and evaluation staff to determine that services are provided as outlined in the Work Statement, Attachment 1, of this agreement. Middle Georgia WDB staff is responsible for the oversight, monitoring and evaluation of activities/services funded during the Contract period. Middle Georgia WDB staff will monitor Service Provider programs and activities using several methods to include, but not limited to, desktop reviews and onsite visits.
A minimum of one (1) on-site visit will be made to the Service Provider location(s) during the contract period. More frequent onsite visits may be made as deemed necessary. Monitoring visits may be announced or unannounced.
Service Provider must give Middle Georgia WDB staff full access to all facility locations, files and records, participants, etc. that are funded or related to WIOA projects and programs.
Written monitoring reports will be prepared and given to Service Provider. Report(s) will give an overview of the monitoring visit, identify areas reviewed and list observations, recommendations and summary of findings and required correction needed. Service Provider must develop a written corrective action plan to resolve all findings
C. WORKER'S COMPENSATION - Provide Worker's Compensation Insurance coverage for all program participants, except for participants enrolled in an On-the-Job Training activity.
D. PARTICIPANT PAYMENTS - Provide direct payments to qualified participants, where applicable, under Consortium guidelines, in conformity with federal and state guidelines, and coordination with other agencies for participant supportive services.
E. TRAINING PROVIDER PAYMENTS - Make payments as defined and set out in the Budget Forms, Attachment 3 of this agreement. In addition, the following terms will apply to payments made, as applicable:
i. It is expressly understood that the Consortium's obligation under this agreement is contingent upon the receipt of funds
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from the United States Government and/or the State of Georgia under the federal Workforce Innovation and Opportunity Act, and no payments will be made if funding is revoked and otherwise made unavailable.
ii. Costs to be reimbursed under this agreement will include only allowable costs which are allocable to this agreement as provided in 20 CFR 683.200 through 683.295, applicable OMB Super Circulars and any State rules, which may be applicable. Costs must also be properly classified to the appropriate WIOA grant and cost categories as provided in 20 CFR 683.205 and 683.215, and to the line items in the Training Providers’ budget.
iii. Costs not allowable include, but are not limited to,
(1) Cost of fines and penalties resulting from violations of, or failure to comply with, Federal, State, or local laws and regulations;
(2) Back pay, unless it represents additional pay for WIOA services performed for which the individual was underpaid;
(3) Entertainment costs; (4) Bad debts expense; (5) Insurance policies offering protection against debts
established by the Federal Government; (6) Contributions to a contingency reserve or any similar
provision for unforeseen events; (7) Costs for Lobbying activities as described at Attachment
12; (8) Costs for Public Service Employment, wages of
incumbent employees, foreign travel, the employment or training of participants in sectarian activities, business relocation, employment generating activities and displacement of currently employed workers by WIOA participants as defined in 20 CFR 683.245 through 683.270;
(9) Legal services furnished by the chief legal officer of a State or local government or staff solely for the purpose of discharging general responsibilities as a legal officer;
(10) Legal expenses for the prosecution of claims against the Federal Government, including appeals to an Administrative Law Judge;
(11) Construction costs which do not involve materials and supplies for use by participants while on the job and in training, or for training in a construction occupation;
(12) Retirement systems for WIOA participants;(13) Costs incurred prior or subsequent to the period of
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and(14) Other unallowable costs identified in the State policies.
2. The Training Provider will:
A. WORK STATEMENT - Perform all the services as may be specified in this RFP and the Work Statement, Attachment 1 of this agreement.
B. PARTICIPANT REFERRAL AND SELECTION - Select program participants from eligible applicants referred by the Consortium in accordance with the entry requirements and screening criteria contained in the Work Statement, Attachment 1 of this agreement and the Consortium ITA Policies, Attachment 9 of this agreement. Notify the Consortium of selections and refer applicants back to the Consortium who are not selected, with reason for non-selection. The Participant Referral Form must be returned to Consortium within five days of selection or non-selection. The Training Provider will ensure that an eligible applicant who cannot be served by its program will be referred back to the Consortium for further assessment as necessary and suitable referral to other appropriate programs. The Training Provider will maintain documentation of each such referral.
C. PARTICIPANTS ENROLLMENT - Under no circumstances permit participants to attend or commence training in the program prior to verification and certification of program eligibility by Middle Georgia WDB staff. Indication that this process has been completed is the submission of the Consortium Participant Referral Form. Participants cannot commence training without proper verification of certification program eligibility.
D. CAREER SERVICES AND CASE MANAGEMENT - Provide career and case management services to participants in the Training Provider's program. This will include all services identified, but not limited to the services identified in Section VI (Services Required) above. It will also include recommending any additional services needed by the participant to overcome barriers and achieve objectives. These services are further described in the Work Statement, Attachment 1.
E. PARTICIPANT EVALUATIONS - Submit Participant Evaluation Reports to the Consortium on a monthly basis.
F. PARTICIPANT ATTENDANCE - Adhere to procedures established in writing and approved by the Consortium to ensure compliance with the Training Provider's program attendance policies.
G. PARTICIPANT RECORD KEEPING - Maintaining accurate individual participant records and make records available for Consortium review.
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H. PARTICIPANT TERMINATIONS - Report both scheduled and unexpected participant terminations to the Consortium on the day they occur.
I. INVOICING - Submit a Request for Payment (Monthly Program Invoice/Report) to the Consortium, supported by adequate documentation, in the format to be provided by the Consortium. Invoices for the previous month expenses are due on the 7th calendar day of each month. Documentation to support expenditures are required and MUST be included with monthly invoice(s). Middle Georgia WDB Staff will review the invoice(s) and supporting documentation to ensure no errors or discrepancies are made. Invoice(s) with errors will be returned to the Service Provider to make necessary changes or corrections before invoices will be processed for reimbursement.
J. ADVANCE OF FUNDS - In accepting an advance of funds, accept an offset by the Consortium against all Consortium-approved invoiced amounts under this agreement, until the amount invoiced and approved for payment equals the amount of the advance. Offsets do not become effective unless and until properly documented and executed invoices are submitted, accepted, and approved for payment by the Consortium, subject to provisions of this agreement.
Refund in cash to the Consortium, the total of any outstanding advance funds, should the amount of Consortium-approved invoiced amounts prove insufficient to completely offset the advance, not later than thirty (30) consecutive calendar days following the transmittal date of the close-out package blank (Section VIII., 3., Closeout Procedures, below).
Accept the establishment of a debt against itself, in the amount of any outstanding (not offset by Consortium-approved invoiced amounts) advance funds, should the event described in the immediately preceding paragraph, above, occur. Such debt will be subject to any and all recovery and collection process available under the terms of Section VII., 2., Paragraphs Q. & T., of this agreement, and under operation of Georgia Law.
Assure that its request for advance of funds is limited to an amount equal to 20% of its total contract fund availability, or to an amount equal to thirty (30) consecutive calendar days operating capital, whichever is less.
K. PROGRAMAMTIC AND FINANCIAL RECORD KEEPING - Maintain appropriate programmatic and financial records in order to comply with programmatic and financial audit requirements of the
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Federal and State governments, or as specifically directed by the Consortium, and maintain such other records related to training as shall be required by the Consortium based on Federal and State requirements, as such requirements are promulgated and as directed by the Consortium.
Complete and accurate records justifying all requests for payment will be maintained and sufficient to leave a clear audit trail to point of origin; these records may be examined periodically by the Consortium, the State of Georgia and/or the Federal Government.
L. RECORD RETENTION - Retain and make available to the Consortium, the State, the Secretary of Labor, the Comptroller General of the United States, or any of their duly authorized representatives, any files, books, documents, papers, and records (including computer records) which are pertinent to this agreement for the purpose of making reviews, examinations, excerpts, transcriptions, and photocopies. This right also includes timely and reasonable access to Training Provider's personnel for the purpose of interviews and discussions related to such documents. This will include the names and qualifications of all officers, directors and managing personnel, including the names of any affiliate or subsidiary that has program, operational or fiscal responsibility for the program.
Service Provider will be required to maintain a copy of all records for a period of three (3) years from the end of the contract period. Records include, but not limited to, participant files, financial records (invoices, cancelled checks, purchase orders, payroll records, accounting records, timesheets, etc.) and any other information related to WIOA program services and activities. Records that have identified litigation and audit issues will be retained until resolution of litigation and audit has occurred and final action has been taken. However, applications for applicants who were ineligible or not enrolled must be retained for only one (1) year after the close-out submission.
Service Provider will retain the records at their facility location(s) and have them available upon request. If requested, Middle Georgia WDB may store records for Service Provider (if storage space is available).
M. MONITORING AND AUDITS - Cooperate with any monitoring, inspection, audit or investigation of activities related to this agreement by the Middle Georgia WDB, the Georgia Department of Economic Development, Workforce Division, the United States Department of Labor or their designees. Such inspection may take place with or without notice at any time during normal business hours wherever the records are maintained; provided, if the Training Provider maintains or relocates any or all of the records outside the county of employment/training, it shall make them available, at its
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expense, either at some reasonable location in the county of employment/training, or at a designated office of the Middle Georgia WDB upon reasonable demand and notice. Audits will be in accordance with the requirements of 20 CFR 683.210.
Service Provider must conduct periodic internal monitoring of their activities and services. The purpose of internal monitoring is to ensure compliance with the contract and to ensure that activities are progressing to achieve desired goals, tracking participant performance achievements, expenditures are within budget limitations, payments are accurate and timely, etc. Internal monitoring conducted by Service Provider should also include programmatic, financial, and compliance areas. Internal monitoring reviews must be documented and available upon request for review by Middle Georgia WDB staff.
N. CONFIDENTIALITY OF RECORDS - Maintain the confidentiality of any information regarding customers, applicants, project participants or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other sources. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance and evaluation of this agreement and to persons having responsibilities under this agreement.
O. PROGRAM INCOME - If any program income, as defined in 29 CFR 95.24, as applicable, is generated in the course of carrying out the provisions of this agreement, it will be reported to the Middle Georgia WDB on the invoice for the month in which it was earned. Program income includes the following types of items: fees for services, user or rental fees, sale of products, revenue in excess of expenditures, interest income, etc.
Service Provider must account for and report this income to the Middle Georgia WDB monthly. Program income is to be added to the total grant award and used to provide the same services of the original grant agreement. Income that is not used as stated above will be turned over to the Middle Georgia WDB with the final invoice.
P. COORDINATION WITH OTHER FINANCIAL ASSISTANCE SOURCES - Ensure, that WIOA funding for training is limited to participants who are unable to obtain grant assistance from other sources to pay the cost of their training, or require assistance beyond that available under grant assistance from other sources to pay the costs of such training; in accordance with 20 CFR 680.230. The Training Provider must consider the availability of TANF, HOPE, Federal Pell grants and other state-funded training funds so that WIOA funds supplement other sources of training grants. Any Pell
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grant assistance disbursed to the WIOA participant for education-related expenses is not subject to these provisions.
Q. DISALLOWED COSTS - Refund promptly to the Middle Georgia WDB upon written request from the Middle Georgia WDB any funds paid improperly for reimbursement or disallowed costs, or for the employment of ineligible individuals, regardless of the existence of counterclaim, of set off, or of any claim against a WIOA participant or any other person or entity. Such refund shall not operate to terminate any rights to contest the determination that such funds were wrongfully paid, all of which are expressly reserved to the Training Provider, to be exercised under the provisions of Paragraph W., below.
R. INSURANCE - Service Provider that is awarded a contract will be required to provide the following insurance coverage. Proof of insurance coverage should be provided by Certificate of Insurance (COI) listing the Middle Georgia Consortium, Inc. (MGCI) and Middle Georgia WDB at the address of 124 Osigian Blvd, Suite A, Warner Robins, GA 31088, as the certificate holder. The certificate should further list Middle Georgia Consortium, Inc. and Middle Georgia WDB as an additional insured for the Fidelity Bond, General Liability, and Automobile Liability coverage. Insurance should also include a waiver of subrogation in favor of Middle Georgia Consortium, Inc. and the Middle Georgia WDB. Under the cancellation clause, the “will endeavor” should be removed and the insurance company will be responsible for mailing the certificate holder a ten (10) day notice of cancellation.
1. GENERAL LIABILITY INSURANCE - Maintain comprehensive general liability insurance for the negligent acts or omissions of the Training Provider, his/her employees, or any agent or representatives of the Training Provider. The policy will include Personal Injury Coverage, Blanket Contractual Liability and Products/Completed Operations Coverage. The minimum limit of liability coverage shall be $500,000 each occurrence and $1,000,000 aggregate. The Training Provider will furnish the Consortium (Middle Georgia WDB) with a Certificate of Insurance verifying that this insurance is in effect. Policy should list Middle Georgia Consortium, Inc. and Middle Georgia Workforce Development Board (WDB) as an additional insured and provide a waiver of subrogation. In lieu of this requirement, public agency Training Providers qualifying for sovereign immunity shall provide a written opinion from the Training Provider's attorney certifying the Training Provider's qualification for sovereign immunity against liability under Georgia Law.
2. FIDELITY BOND - A copy of fidelity bond must be submitted with the proposal. Proposers must ensure that every agent, director,
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officer, or employee authorized to act on its behalf in receiving or depositing funds into program accounts or issuing financial documents, checks or other instruments of payment for program cost is bonded to offer protection against loss. Bond coverage shall be for $100,000 or fifteen (15%) of the contract amount whichever is greater. Bond must be maintained during the contract period.
3. WORKERS' COMPENSATION - Maintain Workers' Compensation Insurance in an approved program or through a commercial insurance policy covering the benefits provided by the Georgia Workers' Compensation Law for injury to employees of the Training Provider who are directly involved in the program. The Training Provider will furnish the Consortium (Middle Georgia WDB) with a Certificate of Insurance verifying that this insurance is in effect. Service Provider must provide proof of worker’s compensation coverage prior to the signing of the contract, per the applicable state requirements.
4. AUTOMOBILE INSURANCE - If the Training Provider, in conducting activities under this agreement, uses motor vehicles, the Training Provider shall insure that the State, the Consortium (Middle Georgia WDB), and the Training Provider are protected. This protection is liability insurance covering bodily injury and property damages. The Training Provider shall provide insurance coverage through an approved self-insurance program or through a commercial insurance policy in the minimum amount of $500,000 each occurrence covering all owned, non-owned and hired automobiles for bodily injury and property damage. The Training Provider shall provide to the Consortium a Certificate of Insurance verifying that the above insurance coverage is in effect. This policy must list the Consortium and the Middle Georgia Workforce Development Board (WDB) as an additional insured and provide a waiver of subrogation. In lieu of this requirement, public agency Training Providers qualifying for sovereign immunity shall provide a written opinion from the Training Provider's attorney, certifying the Training Provider's qualification for sovereign immunity against liability under Georgia Law.
S. HOLD HARMLESS - Hold and save the Consortium Middle Georgia WDB), its officers, agents and employees harmless from liability of any nature or kind including costs and expenses, for or on account of any suits or damages of any character whatsoever resulting from injuries or damages sustained by persons or property resulting in whole or in part from the negligent performance or omission of any employee, agent, or representative of the Training Provider. Further, the Training Provider shall be bound by any final determination of costs disallowed by the United States Department of Labor or by the Georgia Department of Economic Development, Workforce Division
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and shall indemnify the Consortium (Middle Georgia WDB) for any recovery of disallowed costs from the Consortium (Middle Georgia WDB) attributable to the Training Provider.
T. GRIEVANCE AND AUDIT RESOLUTION PROCEDURES - Participate in and be bound by the procedures and determination of the Consortium (Middle Georgia WDB) Grievance Procedures, Attachment 5 of this agreement, and to the Audit Resolution procedures, Attachment 6 of this agreement, until and unless modified on appeal to the State of Georgia, the United States Department of Labor, or the federal courts; such participation shall not be dependent on who shall initiate the procedures, whether Consortium (Middle Georgia WDB), Training Provider, participant, or any other person with standing to invoke the provisions of said procedure.
U. EEO/AFFIRMATIVE ACTION - Service Provider will comply with non-discrimination section 188 of the WIOA law regarding the Age Discrimination Act of 1975, Rehabilitation Act of 1973, Civil Rights Act of 1964, Education Amendments of 1972 which states that no individual shall be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination due to race, color, religion, sex, gender, national origin, age, handicap or political affiliation or belief. Service Provider will utilize and make program participants aware of the Consortium's (Middle Georgia WDB’s) EEO/Affirmative Action Policy and Guideline, Attachment 7 of this agreement and the policy concerning Sexual Harassment, Attachment 8.
V. PERFORMANCE STANDARDS - Comply with performance standards which will be directed by the Consortium (Middle Georgia WDB), in accordance with guidelines set under federal standards. The Work Statement, Attachment 1 of this agreement sets out the criteria for successful completion of this agreement.
W. ITA POLICIES - Adhere to the Consortium’s (Middle Georgia WDB’s) Individual Training Account (ITA) Policies, at Attachment 9.
X. TRAINING SUPPLIES AND EQUIPMENT - If the Training Provider procures training supplies and/or equipment (such as tools or uniforms) with a unit acquisition cost of $100 or more for use in training and to be retained by participants upon completion, the Training Provider will adhere to the following procedures:
1.. Training supplies and equipment will be limited to items that are necessary to the accomplishment of the training to be provided, are a normal requirement of the Training Provider's curriculum, and are for a training area in which related jobs require the job seeker to have his or her own supplies and/or equipment. The Training Provider will document the latter
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through a survey of employers or other corroborative means.
2. Ownership of the property will vest in the participants when;
- the participant successfully completes training as certified by an official authorized by the Training Provider, and
- the participant obtains employment in the field for which he or she is trained within ninety (90) consecutive calendar days of completion of training and remains employed for a period of seven (7) consecutive calendar days.
3. If the conditions in item 2., above are not met, the participant will agree to return, replace or reimburse the Training Provider in an amount equal to the acquisition cost of the training supplies and/or equipment within thirty (30) consecutive calendar days after leaving the training program.
4. The Training Provider will document the participant's receipt of the training supplies and/or equipment and take reasonable steps to recover them if the conditions in ii., are not met, and document these steps.
Y. ASSURANCES - Contract will include Federal and State laws, regulations, statement of work, budget summary and any other duties and responsibilities of the Service Provider. Service Provider must comply with the assurances as contained in the Training Provider Assurances, Attachment 4 of this agreement.
Z. FUNDS MANAGEMENT / FRAUD PREVENTION - Service Provider is responsible for ensuring that WIOA funds are properly managed to prevent abuse, fraud, improper use, misappropriation, theft, etc. Fraud includes, but not limited to bribery, forgery, extortion, embezzlement, theft, kickbacks, ghost participants, etc.
Inappropriate use of funds includes, but not limited to, ineligible participant enrollments, conflict of interest, nepotism, etc. Mismanagement of funds included, but not limited to, violation of contract provisions, lack of supporting documentation for costs/expenses, discrepancies in records, payrolls, tax reporting, lack of internal controls, inaccurate financial and/or program reports, audit findings, etc.
Service Provider found violating or demonstrating abuse will not be funded. Contracts awarded to Service Provider will be required to comply with proper fund management standards to prevent abuse of funds. Service Providers that violate standards are subject to contract cancellation
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VIII. GENERAL REQUIREMENTS
Proposers should read this information carefully before developing a proposal.
1. FUNDINGFunding available under this Request for Proposal (RFP) will be funded under the Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128. Funding is contingent on availability of WIOA funds. Proposers must comply with requirements of WIOA Law, USDOL Regulations, and OMB Super Circulars.
Middle Georgia WDB reserves the right to accept or reject, wholly or in part, any or all proposals submitted.
2. BUDGET (Attachment 15)Proposal must include a detailed line-item budget with appropriate narrative descriptions. Budget line items must be necessary, reasonable and allowable. Budget items must be authorized and non-prohibited under Federal, State or local laws or regulations.
3. TYPE OF CONTRACTCost reimbursement contracts will be the type of contract awarded under this RFP. Service Provider is reimbursed for the actual costs incurred in operating the program. Cost must be consistent with the approved budget included in contract. No advances of funds will be made under this contract/proposal.
4. DEMONSTRATED PERFORMANCE (Attachment 16)Proposal must provide a summary of prior experience and performance.
5. FINANCIAL REQUIREMENTS (Attachment 17)Proposal must include a completed Financial Capability. If awarded a contract, agency must maintain financial records in accordance with generally accepted governmental accounting principles to include all Federal and State laws and regulations. Accounting records must be supported by appropriate documentation, such as, but not limited to: invoices, receipts, payroll records, etc. Proposer must have adequate internal controls structure to safeguard against loss from unauthorized use, theft, or disposition.
NOTE: Proposer must demonstrate the ability to repay any disallowed costs.
6. AUDIT REQUIREMENTSService Provider that is awarded a contract and expends $500,000 or more in federal funds (received from all federal sources combined) during a fiscal year to operate one or more programs must undergo an audit in accordance with OMB Super Circular A-133. A copy of audit must be submitted within ninety (90) days of the close of fiscal year. The cost of the audit may be included in the proposal budget.
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Proposers that are not required to have an audit, will be required to submit a report on the organization’s financial statements. The report must be prepared by a certified public accountant and must be completed for the most recent fiscal year.
NOTE: Proposer must include one copy of the organization’s most recent audit or report on organizations financial statements.
7. APPEAL PROCEDURESProposers who desire to appeal the final funding decision may do so. Proposers must document specific factors such as conflict of interest, nepotism, etc. which puts the aggrieved Proposer at a competitive disadvantage and/or document violations of specific sections of the Act. Proposers may not appeal due to their opinion being that their proposal is lower cost/price or that their project/program is superior. The Middle Georgia WDB reserves the right to refuse to consider an appeal that does not clearly identify specific procedural deficiency.
8. SUBCONTRACTING (Attachment 13)Proposers responding to this proposal are required to be the entity which provides the activities and/or services required by this RFP. Subcontracting will generally not be permitted unless it is deemed beneficial or necessary to the overall success of the project. Subcontracting requires prior approval. Certification, insurance and licensing requirements will be required of subcontractors. Subcontractors must comply with WIOA provisions, Federal and State regulations and local area policies and procedures.
9. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (Attachments 10 & 11)Proposers must complete and include Attachments 10 & 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion, in each proposal submitted to Middle Georgia WDB.
10. LOBBYING (Attachment 12)Proposers must complete and include Attachment 12 Certification Regarding Lobbying, in each proposal submitted to Middle Georgia WDB.
11. FACILITIESFacilities proposed under this RFP must be accessible and provide reasonable accommodations for provision of services to disabled individuals.
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IX. PERFORMANCEWIOA funded activities and services are required to meet negotiated performance requirements. Local Performance outcomes are negotiated with the Georgia Department of Economic Development, Workforce Division. Bidders and Service Providers should be aware that these standards may change and modifications to existing the contract may be issued to comply with these changes.
Once an individual becomes a WIOA participant (enrolled into WIOA program), their outcomes become part of the program's performance, even if the participant decides to leave the program prior to completion of assigned services/activities. Because some performance is based on long-term gains in education and employment and earnings that are measured up to one year after exit from the program. Bidders must consider staff time to be spent in follow-up services.
The following negotiated performances are anticipated to be implemented for the PY17 (July 1, 2017 – June 30, 2018) contract period. These performance levels are planning estimates and are subject to change.
Service Provider MUST plan to meet or exceed the following performance levels. Documentation to support performance measure attainment is required and MUST be documented in the participant file and in the state data system. (Excludes those who are in post-secondary education or employment at the time of participation.)
Performance Measures State Negotiated Levels
Definitions
Placement in Employment, Education or Training(Second Quarter after Exit)
71% Percentage of youth program participants who are in education or training activities, or in unsubsidized employment, during the 2nd quarter after exit from the program.
Placement in Employment, Education or Training (Fourth Quarter after Exit)
76% Percentage of youth program participants who are in education or training activities, or in unsubsidized employment, during the 4th quarter after exit from the program.
Credential Attainment Rate(Attainment within 4 quarters after Exit)
84.5% Percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent during participation or within 1 year after exit from the program.
A participant who has attained a secondary school diploma or its recognized equivalent is included in the percentage of participants who have attained a secondary school diploma or its recognized equivalent only if the participant also is employed or is enrolled in an education or training program leading to a recognized postsecondary credential within one year after exit from the program.
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Measurable Skills Gains Not Yet Determined Percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skills gain toward such a credential or employment.
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X. PROPOSAL SUBMISSION REQUIREMENTS
BIDDERS CONFERENCEA Bidder’s conference will be held at the Middle Georgia Consortium, 124 Osigian Blvd., Suite A, Warner Robins, GA 31088 on June30, 2017 at 2:30 p.m. Please register by calling Teresa Ragan at (478) 953-4771 or by email at [email protected].
Attendance at the Bidder’s conference is not required.
DUE DATE FOR PROPOSALSProposals for this RFP are due by July 7, 2017 by 5:00 p.m. Proposals must be officially received at the Middle Georgia Consortium, 124 Osigian Blvd., Suite A, Warner Robins, GA 31088.
PROPOSAL RESPONSIVENESS CHECKLIST (Attachment 18) Proposals must be mailed, delivered by carrier service (UPS, FEDEX, etc.) or hand delivered to the Middle Georgia Consortium, Inc. Proposals received via fax or email will not be considered. Proposals that are received after the deadline will be determined to be non-responsive and will not be considered for funding.
NUMBER OF COPIESFive (5) copies, one (1) with an original signature MUST be submitted. Proposals that do not include the correct number of copies will be determined non-responsive and will not be considered for funding.
Proposal Review Criteria (Attachment 19)Proposals will be reviewed and evaluated for competitiveness by a committee (Middle Georgia WDB Staff). The Review Criteria Form is included in this RFP. A total score of 115 or higher on the Review Criteria and Past Performance Evaluation combined is necessary for a proposal to be deemed competitive. Middle Georgia WDB will only consider proposals that meet the established scores.
PROPOSAL FORMATProposals must be in the following format.
Proposal Cover Sheet (Attachment 20)The first page of the proposal must be the Proposal Cover Sheet. The Proposal Cover Sheet must be signed by representative legally authorized to representative the agency. Signature signifies that the information contained in the proposal is accurate and complete.
Project Description and Program NarrativeProject narrative section should be limited to three (3) pages and should be doubled-spaced. Narrative section should clearly summarize and describe the project. Length of training and/or services must be included in the narrative as listed below:
Total Hours _____; Hour per day _____; Hours per week _____; Number of weeks _____25
Number of cycles_____; Number of participants per cycle _____;
Time of services: _____ (am/pm) to _____ (am/pm) and/or ______ (am/pm) to ______(am/pm)
Describe the activities and services you plan to provide and how they will be delivered for items listed below:
Outreach and Recruitment efforts Intake/Eligibility Determination Assessment ISS/IEP Development Case Management, Service Coordination & Counseling Job Development / Job Placement Training Delivery Method Service Provider staffing duties Data entry into GWR Participant Contact Follow-up Services
GEOGRAPHIC AREA AND TARGET GROUPSDescribe the individuals (groups) that you plan to serve.
Strategy to Meet Performance Measures (Attachment 21)Complete Attachment 21 to indicate your strategy to ensure that you meet the negotiated performance levels. Identify the planned performance for the project. Describe how the performance measures will be achieved. Include any other goals or objectives you plan to achieve (if any).
FACILITIESDescribe the facilities you plan to use for activities and services. Identify the location of facilities. Provide documentation that these facilities meet ADA requirements. All facilities must have appropriate licenses and in compliance with building codes. If using existing facilities, copies of lease agreements for facilities will need to be provided with RFP. If facilities will be leased at later date, copies of lease will be submitted at that time.
ORGANIZATION AND MANAGEMENTProvide a brief history and background of your organization. Include number of years of educational or training experience.
Identify the job positions and required qualifications for staff that will work on project. Attach job descriptions and resumes.
Provide a detailed explanation of your monitoring procedures. Include staff position(s) responsible for monitoring and how often.
Previous Experience and Prior Performance Summary (Attachment 16)26
Complete Attachment 16. Provide organization’s past performance.
Budget Summary (Attachment 15)Complete Attachment 15. Budgets will be evaluated based on cost effectiveness and completeness. Staff salaries must be competitive with salaries for comparable positions in the Middle Georgia area. Please include method of calculation for each item.
Property, training materials, equipment, etc. purchased with WIOA funds must be used for the intended purposes authorized. Property and/or equipment purchased by Service Provider with WIOA funds shall become property of the Middle Georgia WDB and purchases must be approved prior to purchase by Middle Georgia Consortium’s Executive Director.
Financial Capability Statement (Attachment 17)Complete Attachment 17. Financial Capability Statement must be completed and attached to the proposal.
Provide information about your financial resources.
Describe financial management system, internal controls, audit process and record retention. Include accounting procedures. Identify where financials will be maintained and title of person who will prepare monthly invoices and submit to Middle Georgia WDB for payment. Include any other information that will detail financial management.
Explain in detail indirect rate, cost pools, and cost allocation plans (if applicable).
Provide list of owner(s), Board of Director(s), and other officers of the entity or organization.
Attach a copy of entity’s fidelity bond and copy of your most recent audit. Only one copy of the audit is needed, please attach to the proposal with original signature.
Attach a copy of business license(s).
COORDINATION, PARTNERSHIPS, COLLABORATION AND LEVERAGING RESOURCESDescribe coordination, partnerships or collaborations with businesses, partner agencies and/or other agencies that will assist with this project. Collaboration and coordination with local area partners and resources is important in the overall success of projects.
1. Describe your strategies when there are limited resources in providing services which are adversely impacted by funds, capacity and staff.
2. Describe the strategies to ensure that you are not solely dependent on funding from Middle Georgia WDB (e.g. seeking other funding or leveraging resources with other community/faith based organizations).
3. Describe your strategies to increase coordination with the following entities: Adult Literacy Education
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Technical Colleges and Universities Vocational Rehabilitation Middle Georgia Career Centers
4. Describe your strategies for developing employer relationships that will lead to unsubsidized and viable job placement opportunities for participants.
Certification Regarding Debarment (Attachments 10 & 11)Please read the Instructions for Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion (Attachments 10 & 11) and complete and include Attachments 10 & 11 in the proposal.
Certification Regarding Lobbying (Attachment 12)Complete the Certification Regarding Lobbying (Attachment 12) and include in the proposal.
Sub-Contractor Affidavit (Attachment 13)Complete the Sub-Contractor Affidavit (Attachment 13) and include in the proposal.
Grievance Procedures (Attachment 5)Middle Georgia WDB Grievance Procedures (Attachment 5) is attached to outline policy and procedures regarding the WIOA grievance process.
Provisions, Assurances and Certifications (Attachment 4)Please read the Provisions, Assurances and Certifications (Attachment 4) sign and include in the proposal.
Georgia Illegal Immigration Reform and Enforcement Certification (Attachment 14)Please read the Georgia Illegal Immigration Reform and Enforcement Certification (Attachment 14) sign and include in the proposal.
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CONTRACT ATTACHMENTS
ATTACHMENT INDEX
1. Work Statement Attachment
1
2. Contract Definitions Attachment 2
3. Budget Forms Attachment 3
4. Training Provider Assurances Attachment
4
5. Grievance Procedures Attachment
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6. Audit Resolution Attachment
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7. EEO/Affirmative Action Attachment
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8. Sexual Harassment Policy Attachment
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9. Consortium ITA Policies Attachment
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10. Debarment and Suspension Certification Lower Tier Attachment
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11. Debarment and Suspension Certifications Attachment
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12. Disclosure of Lobbying Attachment
12
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13. Sub-Contractor Affidavit Attachment
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14. Georgia Security and Immigration Compliance Act of 2011 Attachment
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15. Budget Summary Attachment
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16. Previous Experience and Prior Performance Summary
Attachment 16
17. Financial Capability Statement Attachment
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18. Proposal Responsiveness Checklist Attachment
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19. Proposal Review Criteria Attachment
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20. Proposal Cover Sheet Attachment
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21. Strategy to Meet Performance Measures
Attachment 21
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ATTACHMENT 1WORK STATEMENT
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ATTACHMENT 1: WORK STATEMENT
1Middle Georgia Consortium, Inc.Contractor Work Statement
I. Provisions Governing the Contractor Work Statement
1. Services to be Provided
The Service Provider will provide a full array of Career Services as described in WIOA Sec 134 (2)(A)(i)-(xiii) to individuals interested in WIOA services and Case Management for program participants who are attending the Service Provider’s training institution as described in Sections VI, and VII (2). Conditions for each participant’s acceptance, enrollment and attendance will be governed by the Contractor’s current official catalog and the Consortium’s Individual Training Account (ITA) policies (Attachment 9) while conditions for service requested in this agreement is governed by WIOA law, Federal and state regulation, and local workforce policies and procedures.
2. Participants to be Served
a. Number to be Served- The Service Provider may enroll no more than the maximum number of participants specified in II. 1., below. The Service Provider is responsible for meeting its enrollment goals, providing access to a full array of WIOA career services and case management as described above, except eligibility certification. The Service Provider must accept participants referred by the Consortium for enrollment who meet the Service Provider’s admission requirements as described in the Service Provider’s current catalog, up to the maximum number specified in this agreement.
b. Eligibility - Applicants referred by the Consortium back to the Service Provider after program eligibility has been verified and certified will be limited to those who have received career services as described at 20 CFR 680.150, WIOA Section 134(c)(2)(A)(i)-(xi) and 20 CFR 678.430(a), 20 CFR 678.430 (b) and WIOA Section 134(c)(2)(A)(xii), 20 CFR 678.430 (c) and WIOA section 134(c )(2)(A) (iii), and the priority provisions of 20 CFR 680.600 - 680.660. The process of verifying and certifying eligibility by Middle Georgia WDB staff (Consortium) may result in the Service Provider not receiving referrals of individuals the Service Provider has recruited.
c. Residency - All participants must be residents of the counties of Baldwin, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs or Wilkinson on the date of enrollment as determined by the Middle Georgia WDB (Consortium) staff. Exceptions to this requirement may be made, if approved by the Middle Georgia WBD Workforce and the Executive Committee.
d. Enrollees – The Service Provider must ensure that all participants meet the following requirements prior to WIOA enrollments:
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i. Require at least two full time quarters of training in order to complete their course of study,
ii. Provide written evidence to the Middle Georgia WDB (Consortium) that they cannot continue in school without additional assistance (A statement from the school’s financial aid director may serve this purpose), and
iii. Receive a full array of WIOA career services and meet the eligibility requirements described in item b., above.
e. Coordination of Funds – WIOA fund will only be used to supplement training-related cost and supportive services needs after all other financial aid has been applied. If a participant does not qualify for any other sources of financial aid, then WIOA funds may be used to pay for training. Only participants qualifying to receive WIOA assistance in accordance with the Consortium’s ITA policy will be enrolled under this agreement.
3. Performance Levels
The levels described in a. through c. below, will be used to evaluate the degree to which the Service Provider is successful. They are not used in determining amounts owed under the agreement.
a. All forms and documentation required by Section II., 3., of this Work Statement, will be submitted in a timely manner, in both accurate and legible form.
b. Enrollment levels will be achieved within a 15% variance of 100%. Section II., below,
c. Performance levels as shown in Part II., 2., below, are the minimum required levels for this agreement. WIOA Adult and Dislocated Worker primary indicators of performance across core partners are as follows at WIOA Section 116(b)(2)(A)(i)(I)-(VI):
i. The percentage of program participants who have completed the applicable program and are in unsubsidized employment during the second quarter after exit from the program;
ii. The percentage of program participants who ae in unsubsidized employment during the fourth quarter after exit from the program.
iii. The median earnings of program participants who are in unsubsidized employment during the second quarter after sit from the program.
iv. The percentage of program participants wo obtain a recognized postsecondary credential or a secondary school diploma or its recognized equivalent during participation in or within 1 year after exit from the program.
v. The percentage of program participants who, during a program year, are in an educational training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skills gains toward such a credential or employment; and
vi. The indicators of effectiveness in serving employers.
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II. Contractor Work Statement
1. Participants to be Served
a. Number of Participants to be Served 125 (75 Warner Robins 50 Macon)
b. Percentage by WIOA Category
55% Adults
45% __ Dislocated Workers (DLW) (Trade Act, WIOA and Rapid Response)
2. Performance Levels Adult DW
a. Completion Rate 80 % 80 %
b. Entered Employment Rate 82 % 90 %
c. Retention Rate 90 % 90 %
d. Average/Hourly Wage at Placement $10.00 $11.80
e. Graduate Certification Rate 75 % 75 %
3. Forms/Documentation Required (The items indicated with an “X” apply)
X Properly completed and signed Monthly Invoice, due by the 7th of each month, following the month in which the expense occurred.
X Properly completed and signed Consortium Participant Time Sheets due on a bi-weekly basis, signed by both the participant and the Service Provider.
X Properly completed and signed Participant Evaluation Report, due on a monthly basis.
X Contractor course registration report (Semester Schedule), indicating the
courses for which the participant registered.
X Contractor grade report (Semester Grades), indicating the grades obtained by the participant for each course taken.
X Contractor certification of completion, indicating successful completion of the course.
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Properly completed and signed Contractor Instructor’s Summary Sheets for Training Program Completion.
X Properly completed and signed Notification of Employment form, due within ten (10) consecutive calendar days of the participant’s reporting to work. (The Consortium should be notified, orally or in writing, within three (3) consecutive working days of the participant’s date of hire.
4. Career Services (Basic and Individualized Career Services and Follow-Up)
X Provides information to those interested in WIOA with information regarding a full array of WIOA services and training programs identified in WIOA Section 134 (c )(2)(A)(i)-(iii).
X Provide outreach and recruitment using local media such as television, radio, word-of-mouth, orientation, workshop, newspapers and the institution’s own publications, including its website.
5. Case Management
X Interviews applicants to assess and gather information regarding applicants’ interest, aptitude, eligibility, academic status, work history, financial status, knowledge, skills and abilities, etc., to document and determine WIOA program eligibility and applicant needs.
X Provide case management duties as follows but not limited to, orientation, intake and eligibility, partner coordination and referrals, supportive services analysis and coordination, data entry of enrollments and case notes, assessment, collection and processing of participants timesheets, processing tuition invoices, career planning, individual employment plan (IEP) implementation, service(s) coordination, monitoring and follow-up, reassessment, case conferencing, workshops, student reimbursements preparation and submission, crisis intervention, case file development and maintenance and case exits and follow-up. Certification of eligibility for WIOA funded programs must be completed prior to enrollment.
X Monitors and document participants’ attendance and grades by semester, and takes appropriate action for deficient performance.
X Assures participants have the necessary books and supplies to succeed in training, and oversees their distribution to participants.
X Maintains attendance records and coordinates the collection of attendance data from instructors.
X Coordinates with appropriate Consortium personnel regarding the above items.
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X Maintains copy of all-inclusive participant files and records to comply with WIOA compliance.
X Coordinate and refers participants to other partner programs to maximize available resources when assessing participant support services’ needs.
X Provides job development and placement services for participants leading to unsubsidized, training-related employment.
X Provide workshops as need to keep program participant engaged and to maintain contact until successfully exited from the WIOA program.
X Obtains and maintains accurate information on the placement status of participants including the employer’s name, address and telephone number; the participant’s immediate supervisor and date the participant reported to work; the job title, starting wage and hours per week; and whether or not the job is covered by U.I., Social Security, health plan, pension plan, and paid leave.
X Obtains Unsubsidized job contacts and leads.
X Visits businesses for job leads and visits participants at home or on the job, as needed.
X Establishes and maintains good working relationship with personnel in local governmental agencies, businesses and industries.
X Assures that all participants receive job search skills (employability skills).
X Assists individuals in preparing resumes and completing applications.
X Conducts a job search, schedule job interview appointments.
X Assists with transportation to job interviews for participants.
X Collects and maintains employment verifications on participants obtaining employment.
X Conducts follow-up with participants at regular intervals to determine employment retention and the need for additional services, and provides counseling regarding the workplace, for participants in workforce investment activities who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate. (See WIOA Section 134 (c)(2)(A)(xiii) and 20 CFR 678.430(c)).
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ATTACHMENT 2CONTRACT DEFINITIONS
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ATTACHMENT 2: CONTRACT DEFINITIONS
CONTRACT DEFINITIONS
Accrued Expenditures - means charges made to the WIOA program. Expenditures are the sum of actual cash disbursements, the amount of indirect expense incurred, and the net increase (or decrease) in the amounts owed by the Service Provider for the goods and other property received, for services performed by employees, Contractors, subgrantees, subcontractors, and other payees, and other amounts becoming owed under programs for which no current services or performance are required, such as annuities, insurance claims, and other benefit payments.
Act - The Workforce Innovation and Opportunity Act of 2014; Public Law (Pub.L.) 113-128; 29USC2801.
Administrative Entity - The Middle Georgia Consortium, Inc. (MGCI).
Adult - An individual who is eighteen (18) years of age or older.
Alternative Course of Study - an educational program approved by the local educational agency which provides either a high school diploma or equivalency. May be operated either within or outside of the local public school system, and may be provided by a community based organization.
Alternative High School - A high school that has been designated and approved by the area's local education agency as an alternative high school.
Assessment - The process of identifying through performance tests, paper and pencil tests, structured interviews, or other means the skills, abilities, attitudes, and interests of applicants or participants without regard to the services available in the Consortium. Assessment is an ongoing process.
- Initial Assessment - For adults and dislocated workers, a core service consisting of an assessment providing preliminary information on skill levels, interests, aptitudes, abilities and supportive service needs. It may also include a determination of the need for intensive services.
- Objective Assessment - For youth, an assessment of the academic levels, skill levels, and service needs of each participant, which will include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of such participant, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program.
- Comprehensive Assessment - For adults and dislocated workers, an intensive service consisting of an assessment of the skill levels and service needs of adults and dislocated workers, which may include-
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1) diagnostic testing and use of other assessment tools; and2) in-depth interviewing and evaluation to identify employment barriers
and appropriate employment goals.
Barriers to Employment – Characteristics that may hinder an individual's hiring, promotion or participation in the labor force. Some examples of individuals who may face barriers to employment include: single parents, drop-outs, displaced homemakers, youth, public assistance recipients, older workers, addicts, alcoholics, teenage parents, veterans, those with limited English speaking ability, and those with a criminal record.
Basic Skills Deficient - The term "basic skills deficient" means, with respect to an individual, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test or a comparable score on a criterion-referenced test.
Behind in School - A youth under age 22 who is in secondary school and who has educational attainment that is one or more grade levels below the grade level appropriate to the age of the individual.
Benchmark - An achievement standard which an individual is expected to demonstrate; it states the necessary level of the behavioral indicator of skill or knowledge to be acquired for a given competency.
Career Pathway —The term ‘‘career pathway’’ means a combination of rigorous and high-quality education, training, and other services that—
(A) aligns with the skill needs of industries in the economy of the State or regional economy involved;
(B) prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C.50 et seq.) (referred to individually in this Act as an ‘‘apprenticeship’’, except in section 171); of WIOA
(C) includes counseling to support an individual in achieving the individual’s education and career goals;
(D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;
(E) organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable;
(F) enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and
(G) helps an individual enter or advance within a specific occupation or occupational cluster.
Career Planning.—The term ‘‘career planning’’ means the provision of a client-centered approach in the delivery of services, designed—
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(A) to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and
(B) to provide job, education, and career counseling, as appropriate during program participation and after job placement.
Case Management - The term "case management" means the provision of a client-centered approach in the delivery of services, designed—
(A)to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and
(B)to provide job and career counseling during program participation and after job placement.
Chief Elected Official - The term "chief elected official" means-(A)the chief elected executive officer of a unit of general local government in a
local area; and(B)in a case in which a local area includes more than one unit of general local
government, the individuals designated under the agreement described in WIOA section 107(c)(1)(B).
Classroom Training - Any training of the type normally conducted in an institutional setting, including vocational education, which is designed to provide individuals with the technical skills and information required to perform a specific job or group of jobs. It may also include training designed to enhance the employability of individuals by upgrading basic skills, through the provision of courses such as remedial education.
Closeout - The process by which the Consortium determines that all required work of the agreement has been completed or that the period of the agreement has expired, and that all applicable administrative actions have been completed by the Service Provider and the Consortium.
Commercially Available or Off-the-shelf Training Package - a training package regularly sold or traded to the general public in the course of normal business operations, at prices based on established catalog or market prices. To be considered as "sold to the general public", the package must be regularly sold in sufficient quantities to constitute a real commercial market, to buyers which may include WIA programs but must include other than WIA programs. The package must include performance criteria pertaining to the delivery of the package which may include participant attainment of knowledge, skills or a job.
Community-Based Organization - The term "community-based organization" means a private non-profit organization that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce investment.
Competency - The skill or knowledge to be acquired by an individual.
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Competency-based Education - Instructional Programs which (a) relate curricula more directly to work requirements; (b) identify the skills and knowledge to be learned and define the level or performance that must be met for satisfactory acquisition; and (c) measure and document an individual's deficiency at entry and mastery of those skills and knowledge during the course of training.
Competency Indicator - A specific, observable behavior that an individual is expected to demonstrate progress toward competency.
Continuous Recruitment Program - A training program in which participants may be enrolled and trained throughout all, or a substantial portion of the period of performance. Such a program includes open entry programs and open entry/open exit programs, designed so that participants enter training at a tested skill level, proceed through training at their own pace and exit the program at various times when they complete.
Counseling - The process of assisting participants in realistically assessing their needs, abilities, and potential; of providing guidance in the development of vocational goals and the means to achieve them; and of helping with the solution to a variety of individual problems occurring during participation.
Customized Training - The term "customized training" means training—(A)that is designed to meet the special requirements of an employer (including a
group of employers);(B)that is conducted with a commitment by the employer to employ an individual
on successful completion of the training; and(C)for which the employer pays for not less than 50 percent of the cost of the
training.
Deobliqation - The process of reducing a contract's budget through bilateral or unilateral means.
Dictionary of Occupational Titles - The reference work published by the United States Employment Service which contains, brief, non-technical definitions of U.S. job titles, distinguishing number codes and workers’ trait data.
Disabled - See "individual with a disability."
Dislocated Worker - The term "dislocated worker" means an individual who—(A)(i) has been terminated or laid off, or who has received notice of termination
or layoff, from employment;(ii) (I) is eligible for or has exhausted entitlement to unemployment
compensation; or(II) has been employed for a duration sufficient to demonstrate,
to the Consortium, attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and
(iii) is unlikely to return to a previous industry or occupation;(B)(i) has been terminated or laid off, or has received a notice of termination
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or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant facility, or enterprise;
(ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or
(iii) for purposes of eligibility to receive services other than training services, services described in section 134 (c)(3), career services described in section 134(c)(2)(A)(xii), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close;
(C)was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disaster; or
(D) is a displaced homemaker.(E)(i) is the spouse of a member of the Armed Forces on active duty (as defined in
section 101(d)(1) of title 10, United States Code), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph (16)(B).
Displaced Homemaker - The term "displaced homemaker" means an individual who has been providing unpaid services to family members in the home and who—
(A)(i) has been dependent on the income of another family member but is no longer supported by that income; or (ii) is the dependent spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code) and whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and
(B)is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
Economic Development Agencies - The term "economic development agencies" includes local planning and zoning commissions or boards, community development agencies, and other local agencies and institutions responsible for regulating, promoting, or assisting in local economic development.
Eligible Provider - The term "eligible provider", used with respect to—(A)training services, means a provider who is identified in accordance with
section 122(e)(3) of WIOA;(B)career services, means a provider who is identified or awarded a
contract to provide career services activities as described in section 134(c)(2)(B) of WIOA;
(C)youth activities, means a provider who is awarded a grant or contract in accordance with section 129 of WIOA; or
(D) other workforce investment activities, means a public or private entity selected to be responsible for such activities, such as a one-stop operator designated or certified under section 121(d) of WIOA.
Eligible Youth - An individual who is age 14-24 who meets the definition of an in-48
school youth or out-of-school youth criteria.
Employment and Training Activity - The term "employment and training activity" means a workforce investment activity described in WIOA section 134 that is carried out for an adult or dislocated worker.
EO Data - means data on race and ethnicity, age, sex, and disability required by 29 CFR part 37 of the DOL regulations implementing section 188 of WIOA, governing nondiscrimination.
ETA - means the Employment and Training Administration of the U.S. Department of Labor.
Family - The term "family" means two or more persons related by blood, marriage, or decree of court, who are living in a single residence, and are included in one or more of the following categories:
(A)A husband, wife, and dependent children.(B)A parent or guardian and dependent children.(C)A husband and wife.
Fixed-price Contract - A contract which provides for a specific price not subject to adjustment by reason of the cost experience of the Service Provider in performing the contract unless a clause provides for equitable adjustment or other revision upon the occurrence of an event or contingency.
Homeless - An individual lacking a fixed, regular, adequate nighttime residence. This includes a residence that is a publicly or privately operated shelter for temporary accommodation; an institution providing temporary residence for individuals intended to be institutionalized; or a public/private place not designated for or ordinarily used as a regular sleeping accommodation for human beings. This does not include a person imprisoned or detained.
H.S. Dropout - An individual who is neither attending school nor subject to a compulsory attendance law and who has not received a secondary school diploma or certificate from a program of equivalency for such a diploma. (Includes individuals who have received a certificate of completion).
H.S. Graduate (no post-high school) - an individual who has received a high school diploma or GED certificate, but who has not attended any post-secondary vocational, technical, or academic school for a period of one year or longer.
Individual Employment Plan (IEP) - For adults and dislocated workers, a career service and on-going strategy jointly developed by the participant and case manager that identifies the participant's employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals. WIA section 134(c)(2)(A)(xiii)(II), 20 CFR 680.180.
Individual Service Strategy - For youth a program design framework component, that identifies, for each participant, an employment goal (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for the participant taking into account the youth's objective assessment except that a new service strategy for a participant is not required if the
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provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program. 20 CFR 681.420(a)(2).
Individual With A Disability -(A)In general the term "individual with a disability" means an individual with any
disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)). For purposes of WIOA Section 188, this term is defined at 29CFR37.4.
(B)The term "Individuals with disabilities" means more than one individual with a disability.
In-School Youth – The term “in-school youth” means an individual who is – (A) attending school (as defined by State law);(B) not younger than age 14 or (unless an individual with a disability who is
attending school under State law) older than age 21;(C) a low-income individual; and(D) one or more of the following:
(i) Basic skills deficient.(ii)An English language learner.
(iii) An offender. (iv) A homeless individual (as defined in section 41403(6) of the Violence
Against Women Act of 1994 (42 U.S.C. 14043e–2(6))), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42U.S.C. 11434a(2))), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677), or in an out-of-home placement.
(v) Pregnant or parenting.(vi) A youth who is an individual with a disability.(vii)An individual who requires additional assistance to complete an
educational program or to secure or hold employment.
Job Development - The process of marketing specific participants to employers for the purpose of securing employment for WIA-eligible individuals. Examples of such activities include informing employers about the skills participants acquired through training, soliciting and securing job interviews for participants with employers, organizing open-houses at the training institution to which selected employers are invited and other efforts to involve specific employers with particular training programs.
Literacy - An individual's ability to read, write, and speak in English, and to compute, and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society.
Local Board - a Local Workforce Development Board established under WIOA section 107, to set policy for the local workforce investment system.
Local Educational Agency - The term "local educational agency" has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20) D.S.C. 8801).
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Lower Living Standard Income Level - The term "lower living standard income level" means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary based on the most recent lower living family budget issued by the Secretary.
Low-Income Individual - The term "low-income individual" means an individual who—(A)receives, or in the past 6 months has received, or is a member of a family that
is receiving or in the past 6 months has received, assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the program of block grants to States for temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), or the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or State or local income-based public assistance;
(B)is in a family with total family income that does not exceed the higher of—(i) the poverty line; or(ii) 70 percent of the lower living standard income level;
(C)is a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 H. R. 803—12 (42 U.S.C. 14043e–2(6))), or a homeless child or youth (as defined under section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)));
(D) receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(E)is a foster child on behalf of whom State or local government payments are made; or
(F)is an individual with a disability whose own income meets the income requirement of clause (B), but who is a member of a family whose income does not meet this requirement.
Nontraditional Employment - The term "nontraditional employment" refers to occupations or fields of work for which individuals from the gender comprise less than 25 percent of the individuals employed in each such occupation or field of work.
No Show - A participant who has been enrolled of record and did not report for training. No Shows will be so indicated in the participant file.
Obligations - means the amounts of orders placed, contracts and grants awarded, services received and similar transactions during a given period that require payment during the same or a future period. 20 CFR 675.300.
Offender - The term "offender" means any adult or juvenile—(A)who is or has been subject to any stage of the criminal justice process for
whom services under this Act may be beneficial; or(B)who requires assistance in overcoming artificial barriers to employment
resulting from a record of arrest or conviction.
Older Individual - The term "older individual" means an individual age 55 or older.
One-Stop Operator - The term "one-stop operator" means 1 or more entities designated or certified under WIA section 121(d).
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One-Stop Partner - The term "one-stop partner" means—(A)an entity described in WIOA section 121(b)(1); and(B)an entity described in WIOA section 121 (b)(2) that is participating, with the
approval of the local board and chief elected official, in the operation of a one-stop delivery system.
On-the-Job Training (OJT) - The term "on-the-job training" means training by an employer that is provided to a paid participant while engaged in productive work in a job that—
(A)provides knowledge or skills essential to the full and adequate performance of the job;
(B)provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, for the extraordinary costs of providing the training and additional supervision related to the training; and
(C)is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.
Original - Original documents may be handwritten, hand-printed, typewritten, mechanically, electro-mechanically, or electronically printed, or prepared using any combination of these methods, but may not be mechanically, electro-mechanically or electronically reproduced, or reproduced using any combination of these reproduction methods. Where documentation is comprised of reproductions of forms with blanks intended for entry or original information, signatures and dates, only the original information, signatures and dates, entered in the reproduced forms' blanks, must be original as defined above, and not the forms themselves. Reproductions of original documents, with original signatures and dates, may be accepted in lieu of original documentation by the Consortium, at its exclusive discretion, based upon the particular type of original documentation involved, and generally accepted standards for record maintenance of the particular type of original documents, which must be maintained by the Service Provider or vendor and made available for review by the Consortium and other organizations, as indicated in this contract. Reproductions of original documents with reproduced signatures and dates, may be accepted in lieu of original documentation by the Consortium, at its exclusive discretion, only where the Service Provider or vendor submits a written request detailing extraordinary circumstances which demonstrates conclusively the impossibility of securing the original documentation, or of securing a second original of the documentation, and only where original documentation has been lost, misplaced, damaged, or destroyed, through no fault of the Service Provider or vendor.
Out-of-School Youth - The term "out-of-school youth" means an individual who is—(A) not attending any school (as defined under State law);(B) not younger than age 16 or older than age 24; and(C) one or more of the following:
(i) A school dropout.(ii) A youth who is within the age of compulsory school attendance, but has not
attended school for at least the most recent complete school year calendar quarter.
(iii) A recipient of a secondary school diploma or its recognized equivalent who 52
is a low-income individual and is—H. R. 803—81(aa) basic skills deficient; or(bb) an English language learner.
(iv) An individual who is subject to the juvenile or adult justice system.(v) A homeless individual (as defined in section 41403(6) of the Violence
Against Women Act of 1994 (42 U.S.C. 14043e–2(6))), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42U.S.C. 11434a(2))), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677), or in an out-of-home placement.
(vi) An individual who is pregnant or parenting.(vii) A youth who is an individual with a disability.(viii)A low-income individual who requires additional assistance to enter or
complete an educational program or to secure or hold employment.
Participant - means an individual who has registered under 20 CFR 663.105 or 664.215 and has been determined to be eligible to participate in and who is receiving services (except follow-up services) under a program authorized by WIOA title I. Participation commences on the first day, following determination of eligibility, on which the participant begins receiving core, intensive, training and other services provided under the WIOA title I.
Performance Standard - A numeric expression of the minimum acceptable expected performance outcome or results for performance measure.
Placement Services - a component that a participant enters after receipt of WIA-supported training or services (due to completion or the individual quit) in order to be referred to prospective employers (public or private) for job interviews and hiring or to receive other job search assistance. The maximum time allowed in this component is 90 consecutive days after last receipt of employment and/or training and 30 consecutive days if the participant received services only.
Postsecondary Educational Institution - The term "postsecondary educational institution" means an institution of higher education, as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088).
Poverty Line - The term "poverty line" means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved.
Pregnant or Parenting - an individual who is under 22 years of age and who is pregnant, or a male or female who is providing custodial care for one or more dependents under age 18.
Program Income - income received by the Contractor directly generated by a contract supported activity, or earned only as a result of the contract. Program income includes income from fees for services performed and from conferences;
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income from the use or rental of real or personal property acquired with contract funds; income from sale of commodities or items fabricated under a contract; revenues earned by a governmental or private non-profit Contractor under either a fixed-price or reimbursable award that are in excess of the actual costs incurred in providing the services; and Contractor's interest income earned on advances of contract funds.
Public Assistance - The term "public assistance" means Federal, State, or local government case payments for which eligibility is determined by a needs or income test.
Registration - The process for collecting information to determine an individual's eligibility for services under WIOA title I.
School Dropout - see "High School Drop-out."
Secondary School - The term "secondary school" has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).
Secretary - means the Secretary of the U.S. Department of Labor.
Self Certification - means an individual's signed attestation that the information he/she submits to demonstrate eligibility for a program under title I of WIOA is true and accurate.
Single Unit Charge Program - A training program in which costs to be reimbursed are based on the number of participants, usually the number enrolled. Costs may include Single Unit Charges for a Commercially Available Training Package, or tuition and related costs. Costs may also be included for participant textbooks, uniforms, tools, etc. which are participant-based and which participants need for training, and are retained by them at completion of training.
Stand-in Costs - means costs paid from non-Federal sources which a Service Provider proposes to substitute for Federal costs which have been disallowed as a result of an audit or other review. In order to be considered as valid substitutions, the costs (1) must have been reported by the Service Provider as uncharged program costs under the same title and in the same year in which the disallowed costs were incurred, (2) must have been incurred in compliance with laws, regulations and contractual provisions governing WIOA, and (3) must be actual expenditures of the Contractor in which the disallowance was incurred (State requirement).
State - means the State of Georgia.
Subsidized Employment - Employment created in the public sector and in private for-profit or nonprofit organizations which is financed by WIOA or other public funds, designed to provide training or employment opportunities for individuals with barriers to employment. Subsidized employment includes work experience.
Supportive Services - The term "supportive services" means services such as transportation, child care, dependent care, housing, and needs-related payments,
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that are necessary to enable an individual to participate in activities authorized under WIOA.
Training Cycle Program - A training program in which participants must be enrolled at the same time, or within a short time period of each other. Participants are required to proceed through training at the same pace and exit the program at the same time. The entry, training and exit period is referred to as a training cycle, more than one of which may be provided for in a single contract period.
Training Day - Calendar day in which the participant actually attends and receives training which, at minimum, qualifies the participant to receive payment of a daily support payment, in accordance with the Middle Georgia Consortium Payroll Policies and Procedures, and as documented through completion and signing of Consortium authorized time and attendance records.
Training Services - For eligible adult and dislocated workers, services include—(A)occupational skills training; including training for nontraditional employment;(B)on-the-job training;(C)incumbent worker training in accordance with subsection (d)(4);(D) programs that combine workplace training with related instruction,
which may include cooperative education programs;(E)training programs operated by the private sector;(F)skill upgrading and retraining; (G) entrepreneurial training;(H) transitional jobs in accordance with subsection (d)(5);(I) job readiness training provided in combination with services described in any
of clauses (A) through (H); (J) adult education and literacy activities, including activities of English language
acquisition and integrated education and training programs, provided concurrently or in combination with services described in any of clauses (A) through (G); and
(K)customized training conducted with a commitment by an employer or group of employers to employ (H.R. 803-106) an individual upon successful completion of the training.
Unemployed Individual - The term "unemployed individual" means an individual who is without a job and who wants and is available for work. The determination of whether an individual is without a job shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the U.S. Department of Labor in defining individuals as unemployed.
Unsubsidized Employment - Employment not financed from funds provided under the WIOA, scheduled for not less than 20 hours per week.
Wage - All remunerations for personal services including commissions, tips and bonuses.
Work Experience - A planned, structured learning experience that takes place in a workplace for a limited period of time. Work experience may be paid or unpaid, as appropriate. A work experience workplace may be in the private for profit sector, the
55
nonprofit sector, or the public sector. Labor standards apply in any work experience where an employee/employer relationship, as defined by the Fair Labor Standards Act, exists.
For youth, work experiences are designed to enable youth to gain exposure to the working world and its requirements. Work experiences are appropriate and desirable activities for many youth throughout the year. Work experiences should help youth acquire the personal attributes, knowledge, and skills needed to obtain a job and advance in employment. The purpose is to provide the youth participant with the opportunities for career exploration and skill development and is not to benefit the employer, although the employer may, in fact, benefit from the activities performed by the youth. Work experiences may be subsidized or unsubsidized and may include the following elements:
(A)instruction in employability skills or generic workplace skills such as those identified by the Secretary's Commission on Achieving Necessary Skills (SCANS);
(B)exposure to various aspects of an industry;(C)progressively more complex tasks;(D) internships and job shadowing;(E)the integration of basic academic skills into work activities;(F)entrepreneurship;(G) service learning;(H) paid and unpaid community service; and(I) other elements designed to achieve the goals of work
experience.
Wagner-Peyser Act - means the Act of June 6, 1933, as amended, codified at 29 U.S.C. 49 et seq.
Workforce Development Activities - means the array of activities permitted under title I of WIOA, which include employment and training activities for adults and dislocated workers, as described in WIOA section 134, and youth activities, as described in WIOA section 129.
Youth - See "Eligible Youth."
Youth Activity - means a workforce development activity that is carried out for youth.
Youth Runaway - An individual under 18 years of age who absents him/herself from home or place of legal residence without the permission of parents or legal guardian.
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ATTACHMENT 3BUDGET FORMS
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ATTACHMENT 3: BUDGET FORMS
CONTRACTOR NAME:
Invoice Number
CONTRACT PERIOD:
Invoice Month
INVOICE PERIOD:
DATE SUBMMITTED:
LINE ITEMS Totals Adult YouthDislocated
Worker Adult YouthDislocated
Worker
1 Participant Tuition and Fee Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 Participant Books and Supplies Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 Personnel Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 Operations Costs
5 Equipment Costs
6 Miscellaneous Costs
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Contractor Signature Date
From To
SIGNATURE OF AUTHORIZED OFFICIAL: I certify that I am authorized to submit invoices for the service provider, that the information provided above is correct to the best of my knowledge and belief, that all amounts claimed are allowable costs under the terms of the contract, that complete supporting documentation is maintained for the costs claimed, and that expenses previously claimed are not being reported again.
TOTAL AMOUNT REQUESTED
Recovery Act FundsWIOA Formula Funds
MIDDLE GEORGIA CONSORTIUM, INC.
CONTRACTOR MONTHLY INVOICE SUMMARY
ToFrom
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CONTRACTOR INVOICE BACK-UP
Contractor Name: Fund Source: WIOA Adult Regular
Invoice Number: 0
Invoice Month: 0
# Participant NameSocial Security
Number Date Enrolled Grand Total Tuition and FeesBooks and Supplies
123456789
1011121314151617181920212223242526272829303132333435363738394041
$0.00 $0.00 $0.00
PARTICIPANT COSTS
TOTAL COSTS
61
CONTRACTOR INVOICE BACK-UP
Contractor Name: Fund Source: WIOA Dislocated Worker
Invoice Number: 0
Invoice Month: 0
# Participant NameSocial Security
Number Date Enrolled Grand Total Tuition and FeesBooks and Supplies
123456789
1011121314151617181920212223242526272829303132333435363738394041
$0.00 $0.00 $0.00
PARTICIPANT COSTS
TOTAL COSTS
62
CONTRACTOR INVOICE BACK-UP
Contractor Name: Fund Source: WIOA OS / Youth Regular
Invoice Number: 0
Invoice Month: 0
# Participant NameSocial Security
Number Date Enrolled Grand Total Tuition and FeesBooks and Supplies
123456789
1011121314151617181920212223242526272829303132333435363738394041
$0.00 $0.00 $0.00
PARTICIPANT COSTS
TOTAL COSTS
63
CONTRACTOR INVOICE BACK-UP
Contractor Name: Fund Source: WIOA IS / Youth Regular
Invoice Number: 0
Invoice Month: 0
# Participant NameSocial Security
Number Date Enrolled Grand Total Tuition and FeesBooks and Supplies
123456789
1011121314151617181920212223242526272829303132333435363738394041
$0.00 $0.00 $0.00
PARTICIPANT COSTS
TOTAL COSTS
64
CONTRACTOR INVOICE BACK-UP
CONTRACTOR NAME: Invoice Number: 0
Invoice Month: 0
0.5 0.05 0.45 0 0 $0
Employee Name Type Benefit From To Total Amount WIOA %
Total WIOA Amount
Adult Youth Dislocated Worker
Adult Youth Dislocated Worker
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
PERSONNEL COSTS
Benefit Period WIOA Formula Funds WIOA Recovery Act Funds
TOTAL COSTS
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ATTACHMENT 4TRAINING PROVIDER ASSURANCES
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ATTACHMENT 4: TRAINING PROVIDER ASSURANCES
Provisions, Assurances and Certifications
Any entity receiving funds under the Workforce Innovation and Opportunity Act, Public Law 113-128 must adhere to the following provisions, assurances and certifications:
1) SEC. 501 of WIOA. Privacy. The privacy protections afforded parents and students under section 444 of the General Education Provisions Act (20 U.S.C. 1232g);
2) SEC. 502 of WIOA. Buy-American Requirement. Compliance with Buy American Act.—None of the funds made available under WIOA may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with sections 8301 through 8303 of title 41, United States Code (commonly known as the ‘‘Buy American Act’’);
3) Recipients of WIOA funds must adhere to the provisions regarding (29 CFR Part 93), Certification Regarding Lobbying;
4) Recipients of WIOA funds must adhere to the provisions of the Drug-Free Workplace Requirements Certification (29 CFR Part 98);
5) Recipients of WIOA funds must adhere to the provisions Nondiscrimination and Equal Opportunity Assurance (29 CFR Part 37);
This assurance applies to the Grantee’s operation of the WIOA Title IB financially assisted program or activity, and to all agreements the Grantee makes to carry out the WIOA Title IB financially assisted program or activity. The Grantee understands that the Grantor has the right to seek judicial enforcement of this assurance. a. WIOA Equal Opportunity and Nondiscrimination Regulations 29 CFR Part 37 and sections of the Workforce Innovation and Opportunity Act 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 WIOA Title IB financially assisted program or activity; b. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, and national origin; c. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; d. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; e. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs; and
6) Certification Regarding Debarment, Suspension, And Other Responsibility Matters Primary Covered Transactions (29 CFR Part 98);
7) As the duly authorized representative the Grantee certifies that this agency has the legal authority and the institutional managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of WIOA programs;
8) As the duly authorized representative the Grantee certifies that this agency will give the Comptroller General of the United States and the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to WIOA programs; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives;
9) As the duly authorized representative the Grantee certifies that this agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain;
10) As the duly authorized representative the Grantee certifies that this agency will initiate and complete work relating to financial and management information system reporting requirements within acceptable time frames;
11) The Drug Abuse Office and Treatment Act of 1972 (PL 91-616) as amended;
12) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 DD.3 AND 290 EE.3) as amended, relating to confidentiality of alcohol and drug abuse patient records;
13) Military Selective Service Act;
14) Nontraditional Employment for Women Act;
15) Department of Labor Federal Regulations at 29 CFR Parts 34 and 1604;68
16) Will comply with Federal regulation 20 CFR 652, et al., regarding the retention of records. 17) Will comply as applicable, with the provisions of the Contract Work Hours and Safety Standards Act (40.327-333), regarding labor standards for federally assisted construction sub-agreements;
18) Will comply with the provisions of the Hatch Act (U.S.C. 1501-1508 and 7324-7328), which limit political activities of employees whose principal employment activities are funded in whole or in part with Federal funds;
19) Will comply with the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations;
20) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing WIOA programs. Will comply with any other special assurances or provisions as may be required under Federal law or policy, including specific appropriations legislation, the Workforce Innovation and Opportunity Act, or subsequent Executive or Congressional mandates;
21) Will establish, in accordance with section 184 of the Workforce Innovation and Opportunity Act, fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of, and accounting for, funds paid to the State through the allotments made under sections 127 and 132;
22) The Service Provider must adhere to the Priority of Services to Veterans and eligible spouses pursuant to (20 CFR Part 1010) the regulations of the Jobs for Veterans Act published at 73 Fed. Reg. On December 19, 2008. Veterans and eligible spouses will be provided priority in USDOL-funded workforce services in accordance with the Jobs for Veterans Act (P.L. 107-288), (38 USC 4215) and Jobs for Veterans Act Final Rule (20 CFR part 1010) published at 73 Fed. Reg. 78132 (December 19, 2008);
23) Assures that it will comply with the confidentiality requirements for Federal contracts;
24) Assures that no funds received under the Workforce Innovation and Opportunity Act will be used to assist, promote or deter union organizing;
25) Assures that it will comply with the grant procedures prescribed by the Secretary (pursuant to the authority at section 189(c) of the Act) which are necessary to enter into grant agreements for the allocation and payment of funds under the Act;
26) Advance Federal Agency Approval of Cost: It is agreed that it shall be the responsibility of the contractor to request in writing, from the WIOA Administrative Entity, approval of expenditures which require advance federal agency or their designee’s approval in advance or incurrence of special or unusual costs. It shall be the responsibility of the WIOA Administrative Entity to acquire written approve from the federal agency or their designee’s approval of these requests for advance approval received from the contractor and to notify the contractor in writing of the approval. Expenditures requiring advance federal agency or their designee’s approval may not be made by the Service Provider prior to receipt of the WIOA Administrative Entity’s written notification that federal agency or their designee’s approval has been granted. The WIOA Administrative Entity’s contract budget approval does not constitute previous federal agency/designee’s and/or WIOA Administrative Entity approval of costs requiring advance federal agency/ designee approval.
27) Comply with the federal cost principles for determining allowable costs for this contract are OMB Circular A-122 for contracts with nonprofit organizations; A-87 for contracts with State or Local governments; and A-21 for contracts with educational institutions. Allowable costs for commercial organizations and those non-profits listed in Attachment C to OMB Circular A-122 must be determined under the provisions of the Federal Acquisition Regulation at 48 CFR part 31;
28) OMB Circulars A-133, Audits of States, Local Governments, and Non-Profit Organizations. Commercial organizations expending more than $750,000 in federal funds must have either an organization-wide audit conducted in accordance with OMB Circular A-133 or a program-specific financial and compliance audit;
29) The Federal Acquisition Regulation at 48 CFR Part 31 for commercial organizations and non-profit organizations listed in Attachment C of OMB Circular A-122;
30) Fair Labor Standards Act of 1935, as amended;
31) 29 CFR Part 97, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, codified from OMB Circular A-102;
32) 29 CFR Part 95, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, and with Commercial Organizations, Foreign Governments, Organizations under the Jurisdiction of Foreign Governments, and International Organizations, codified from OMB Circular A-110;
33) The Copeland “Anti-Kickback” Act (18 USC Sec. 874 and 40 USC Sec. 276c), as supplemented by DOL in 29 CFR Part 3, regarding all contracts and subcontracts in excess of $2000 for construction or repair;
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34) The Davis-Bacon Act (40 USC Sec. 276a to Sec. 276a-7), as supplemented by DOL in 29 CFR Part 5, concerning wages to laborers and mechanics in construction contracts and subcontracts in excess of $2,000 when required by Federal legislation;
35) Clean Air Act (42 USC Sec. 7401 et seq.): Service Provider agrees to comply with all applicable standards, orders or regulations of this Act if contract exceeds $100,000;
36) Federal Water Pollution Control Act (33 USC Sec. 1251 et seq.): Service Provider agrees to comply with all applicable standards, orders or regulations of this Act if contract exceeds $100,000;
37) The Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), as referenced at 29 CFR 97.36(i)(13), regarding mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan;
38) The Resource Conservation and Recovery Act (Pub. L. 94-580 codified at 42 USC Sec. 6962), as referenced at 29 CFR 95.16, regarding giving preference in procurement programs funded with federal funds to the purchase of recycled products pursuant to EPA guidelines;
39) The conflict of interest and code of conduct requirements governing Workforce Innovation and Opportunity Act transactions set forth at 29 CFR 95.42 or 29 CFR 97.36(b)(3), as appropriate, and at 20 CFR 667.200(a)(4);
40) The requirements related to nepotism found at 20 CFR Section 633.320;
41) The Federal Social Security Act, 42 USC Sec. 303 and 503, requiring states to disclose UI information to designated public officials for programs such as food stamps and child support recovery;
42) The Vietnam Era Veteran’s Readjustment Assistance Act of 1974 as amended September 7, 2007, and the Jobs for Veteran’s Act enacted in 2002;
43) The Georgia Security and Immigration Compliance Act of 2006 (SB 529) and the Georgia Illegal Immigration Reform and Enforcement Act of 2011. (OCGA 13-10-91(b)(3);
44) (WIOA Training Programs) The Service Provider will ensure that worksites adhere to applicable federal/state wage, labor and worker’s compensation laws. Wages shall be paid at rates not less than those prevailing on projects of a similar nature in the locality as determined by the Secretary of Labor in accordance with subchapter IV of Chapter 31 of the Title 40, United States Code and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat 1267; 5 U.S.C. App.) And Section 3145 of Title 40, United Stated Code (Recovery Act Sec. 1606);
45) The Service Provider must adhere to the prohibition of WIOA funds to be used for; religious or political activities including religious worship or instruction, gambling establishment, aquarium, zoo, golf course, or swimming pools;
46) The Service Provider must adhere to the Whistleblower Protection (Recovery Act Sec. 1553);
47) Local areas will comply with the security and privacy standards of Public Law 104-191 - the Health Insurance Portability and Accountability Act of 1996;
48) Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d));
49) Migrant and seasonal farmworkers will be provided the same range and quality of services as non-migrants, and equity of service will be afforded to migrant and seasonal farmworkers in all labor exchange services provided in the area. [20 C.F.R., Part 653]; and
50) Service Provider will comply with section 101 of Public Law 109-149 which limits the salary and bonus compensation for individuals who are paid by funds appropriated to the Employment and Training Administration and provided to recipients and sub-recipients.51) Americans with Disability Act Compliance – Service Provider agrees to make reasonable efforts to comply with the Americans with Disability Act.
52) HIPAA Business Associate Agreement – Defines the rights and responsibilities of a Service Provider in reference to the Health Insurance Portability and Accountability Act, which pertains to the security and privacy of patient health information.
53) Federal Funding Accountability & Transparency Act (FFATA) – Service Provider agrees to comply with FFATA that outlines the conditions for reporting for federal grants $25,000 or greater.
I have read and understand the above provisions, assurances and certifications. The agency/organization further understands it must adhere to all of the above provisions, assurances and certifications as applicable.
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_________________________________________ __________________Authorizing Signature Date
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ATTACHMENT 5GREIVANCE PROCEDURES
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ATTACHMENT 5: GREIVANCE PROCEDURES
Middle Georgia Workforce Development AreaGrievance Procedures Under the
Workforce Innovation and Opportunity Act
Section 1- Grievance Procedure Purpose
A. To provide and establish a procedure for resolving any compliant alleging a violation of the Workforce Innovation and Opportunity Act (hereinafter the Act), regulations, grant or other agreements under the Act, including any complaint arising in connection with the WIOA programs operated in and by the Middle Georgia Workforce Development Area (hereinafter MGWDA).
B. To assure compliance with the requirements of Section 181(c) of the Act and 20 Code of Federal Regulations Part 683.600.
Section 2 - Grievance Definition
A grievance is any complaint alleging a violation of the Act, regulations, grant or other agreements, including any complaint arising in connection with the WIOA programs operated by the MGWDA.
Section 3
Grievances against Public Schools involving disciplinary actions of teachers or students, grading policy or teacher employment contracts:
A. All grievances which pertain to disciplinary actions of teachers or students, grading policy or teacher employment contracts will be handled by the grievance procedure outlined in O.C.G.A Section 20-2-1160. Complaints should therefore be filed directly with the involved Georgia Public School organization.
B. The compliant procedure shall be in compliance with all of the requirements of 20 C.F.R. Section 683.600 (c) and (f).
C. The grievance hearing held pursuant to this section shall be held within thirty (30) days of the filing of the grievance with the involved organization and a decision shall be rendered within sixty (60) days of the filing date of the complaint.
D. The grievance hearing procedure will include, at a minimum, reasonable written notice by registered or certified mail to the complainant and any adverse party which includes:
1. A statement of the time and place of hearing;
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2. A statement of authority and jurisdiction under which the hearing is to be held;
3. A reference to the section of the Act, regulations, grant or other agreement under the Act involved;
4. The specific charge involved;
5. The right of all parties to be represented by legal counsel;
6. The right of all parties to present evidence, both written and through witnesses; and
7. The rights of all parties of cross-examination.
E. If a complainant does not receive a decision within sixty (60) days of filing a complaint or receives an unsatisfactory decision, the complainant may, within ten (10) days of the date the adverse decision is received or a decision should have been received, request review by the Governor. The request for review shall be submitted to the Governor’s designee, the State Superintendent of Schools, Georgia Department of Education, 2066 Twin Towers East, Atlanta, Georgia 30334.
Section 4
All grievances other than those described in Section 3 above, except complaints of discrimination pursuant to Section 188 of the Act which will be governed by Section 5 below, including grievances which pertain to any terms of the contract between any Georgia Public School organization, and the Middle Georgia Consortium, Inc., or any complaints of applicants, participants, service providers, contractors, staff of the grantee or service provider, unsuccessful bidders for service provider contracts, or any other persons entitled to bring a complaint under the Act, shall be brought as provided below: A. Except for the complaints alleging fraud or criminal activity, complaints shall be
made within one year of the alleged occurrence by filing a Consortium Grievance Form 001 with the Consortium EEO officer. The date of filing shall be the date the form, properly completed, is received by the EEO officer.
B. Within three (3) work days of the date the complaint is filed, the party or parties against whom the complaint is brought shall be provided a copy of the complaint and provided the opportunity to respond, in writing, on Consortium Grievance Form 002, which will be delivered to and receipt acknowledged by the complainant.
C. The EEO officer will attempt to arrange an informal meeting of all involved parties within seven (7) work days thereafter to determine if the grievance can be informally resolved to the satisfaction of all parties. If no meeting can be arranged, the grievance is unresolved or any party is dissatisfied, any party may
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request a formal grievance hearing on Consortium Grievance Form 004. Such form shall generally be submitted to the Executive Director of the Middle Georgia Consortium. If the grievance is against the Executive Director of the Consortium, the Workforce Development Board, or any member, the Executive Committee of the Local Elected Officials, or any member, or the Middle Georgia Consortium, Inc., the form shall be submitted to the Chairman of the Executive Committee of the Local Elected Officials in care of the EEO officer.
D. Within three (3) work days of receipt of request for formal hearing the person to whom the request was submitted will name a hearing officer, who has no connection with the controversy. Unless the complaint is against the Executive Director of the Middle Georgia Consortium, Inc., the Consortium Inc., the Workforce Development Board, or any member, the Executive Committee of the Local Elected Officials, or any member, the hearing officer may be a member of the Consortium staff. When the hearing officer is not a member of the Consortium staff, the hearing officer may be reasonably compensated for his/her time and effort, as authorized by the Board of Directors of the Middle Georgia Consortium, Inc.
1. Said Hearing Officer shall be an impartial decision-maker who has not been directly involved in the events from which the complaint arose.
2. Said Hearing Officer shall have authority to regulate the course of the hearing, set the time and places, fix time for filing briefs, dispose of motions, and decide all issues of fact of law.
3. The Hearing Officer shall notify all parties in writing of the following:
(a) The date, time and place of the hearing, which shall in no event, be later than thirty (30) days after the date of filing of the Consortium Grievance Form 001;
(b) The opportunity to amend the complaint, but no later than seventy-two (72) hours prior to the scheduled hearing;
(c). The opportunity to withdraw the request for hearing in writing before the hearing;
(d). The opportunity to request rescheduling of the hearing for good cause shown;
(e) The opportunity to be represented by legal counsel or other representative at the party’s own expense. Whenever any party is represented by legal counsel, the Consortium will have legal counsel present to assist the hearing officer;
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(f) The opportunity to call witnesses and introduce documentary evidence, including witnesses and documents which may be available to or kept in the ordinary business of the grantee or its sub-recipient;
(g) The opportunity to cross-examine; and
(h) The right to verbatim recording and transcription of the hearing at the party’s own expense.
4. The Hearing Officer shall maintain a record of each case which shall include:
(a) All pleadings, motions, and intermediate rulings;
(b) Detailed minutes of the oral testimony plus all other evidence received or considered, including any staff memoranda or data or matters officially noted;
(c) Within (twenty) 20 days of the date of hearing or fifty (50) days of the date of the filing of the complaint, whichever is less, the hearing officer shall send all parties by registered or certified mail, return receipt requested, a decision on the grievance, which shall include the following:
1. A statement that the procedures have been completed in compliance with this policy and the requirements of the Act and regulations;
2. A statement of decision and the facts and reason therefore;
3. A statement of any remedies to be applied; and
4. Notice of the right to appeal as outlined in (d) below.
(d) The decision of the hearing officer shall be final, but may be appealed, on the record, to the Executive Committee of the Local Elected Officials by written request to the Chairman of the Committee within three (3) days of the receipt of the decision of the hearing officer. The Committee will review the record and issue its response, either affirming the decision of the hearing officer or modifying it, by writing within seven (7) days of the receipt of appeal request. Review of the final decision of the MGWDA may be made by written request to the Governor’s designee, the Commissioner, Georgia Department of Economic Development, Workforce Division, 75 Fifth Street,
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S.W., Atlanta, Georgia 30308 within ten (10) days after final decision of the MGWDA.
Section 5
Complaints of discrimination pursuant to Section 188 of the Act will be handled as follows:
A. Complaints of discrimination on the basis of race, color, sex, religion, age, national, origin, political affiliation, or belief, disability, or against any beneficiary of programs financially assisted under Title I of the Workforce Innovation and Opportunity Act of 2014 (WIOA), 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 WIOA Title I-financially assisted program or activity filed by Consortium employees, program participants or service providers, shall be processed pursuant to the provisions of 29 C.F.R. Part 37. The complainant will be provided by the EEO officer, upon request, with a copy of the complaint form currently used by the United Stated Department of Labor (USDOL) Civil Rights Center (CRC) and will be provided the mailing address, which appears below:
DirectorCivil Rights Center (CRC)United States Department of LaborRoom N-4123200 Constitution Avenue, N.W.Washington, D.C 20210
B. Discrimination complaints must be filed within 180 days of the alleged occurrence of discrimination, unless extended by the CRC.
C. Records documenting the name, address and telephone number of each complainant, as well as copies of correspondence or other documents which may relate to the complaint, will be maintained in the Consortium office for a minimum period of three (3) years from the date of resolution of the complaint or from the end of the program year during which the complaint was resolved, whichever is later. The records will also document the date of complaint, the date of complaint form and mailing address transmittal, and a dated copy of any complaint the Consortium files with the appropriate State or Federal agency on the complainant’s behalf. If the complainant elects to secure processes of a CRC complaint without further assistance from the Consortium, the date of complaint form and mailing address transmittal will constitute the concluding file entry, subject to instructions from the appropriate State or Federal agency.
Section 6
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A member of the Middle Georgia Consortium staff will be appointed by the Executive Director to serve as the EEO Officer. The Consortium EEO officer shall be responsible for the following:
A. Assuring that all participants are provided, upon enrollment, with a written description of the applicable complaint procedures to wit: Sections 1, 2, 3, 4, 5, 6, 7 and 8 of these procedures, including notification of their right to file a complaint and instructions on how to do so;
B. Assuring that all employees of the Consortium are provided, upon entering employment, with a written description of the complaint procedures including notification of their right to file a complaint and instructions on how to do so;
C. Monitoring the operation of the complaint procedures, to ensure that assistance is available for properly filing complaints and to ensure the availability, coordination and promptness of all elements of these procedures including dissemination of short summaries of this procedure outlining and advertising the essential elements;
D. Assuring equal access to the grievance procedures by the disabled by assisting in the procurement of interpreters, Braille copies, and/or other similar needs;
E. Maintaining and providing upon request to any person permitted to aggrieve by law and to any other interested party, including unsuccessful bidders for service provider contracts, copies of applicable portions of this grievance procedure, all forms, and all addresses referred to or needed to comply with these procedures; and
F. Reporting complaints filed to the appropriate federal or state agency in accordance with the requirements of the Act and regulations.
Section 7
The Middle Georgia Consortium, Inc., by delegation to the appropriate staff employee, shall assure that:
A. Every service provider has been given a copy of the grievance procedure
and related forms for its own use and to provide, as appropriate, to participants or interested parties.
B. This grievance procedure, and the agreement to cooperate with and adhere to its provisions and determinations, subject only to the appeals provided herein, in the Act and regulations, and other applicable law, shall be made a part of every contract with every service provider.
Section 880
The resolution of audit disagreements shall be governed by the provisions of the Middle Georgia Consortium audit resolution procedures, which are incorporated herein by reference.
A copy of these procedures will be provided to all service providers at time of contract and shall be available to any interested person upon request.
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MGWDA
GRIEVANCE FORM – 001
GRIEVANCE COMPLAINT AND REQUEST FOR HEARING
INFORMATION TO COMPLAINT: This form shall be submitted to the Middle Georgia Consortium EEO Officer. In accordance with the Middle Georgia Workforce Development Area (hereafter MGWDA) Grievance Procedures under the Workforce Innovation and Opportunity Act, the respondent, or party against whom the complaint is brought, shall have three (3) days in which to answer your grievance on Grievance Form 002. The EEO Officer will attempt to arrange an informal meeting of all parties within the next seven (7) work days to determine if the grievance can be informally resolved to the satisfaction of all parties. If no such meeting can be arranged, this complaint shall constitute your request for a formal grievance hearing. If after such meeting the grievance is resolved, and all parties are satisfied, you may be asked to confirm that there is no need for a formal hearing on Grievance Form 004. If at any time you wish to withdraw your request for such a hearing, you should advise the EEO Officer and sign a Grievance Form 006. Any questions should be addressed to the Consortium EEO Officer until receipt of Grievance Form 005 or other contact by the named Hearing Officer.
1. Complainant’s full name, address, and telephone number:
Name: _______________________________________Address: ______________________________________
______________________________________Phone: ( ) __________________________________
2. Respondent’s full name, address, and telephone number:Name: _______________________________________Address: ______________________________________
______________________________________Phone: ( ) ___________________________________
3. A clear and concise statement of the facts, including pertinent dates, constituting the alleged violation (attach additional sheets if necessary): ___________________________________________________________________________________________________________________________________________________________________________________________
4. The provisions of the Act, regulations, grants or other agreements under the Act believed to have been violated:
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____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________5. If you allege impermissible discrimination, please state the class of which you are a member which you contend is being discriminated against: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Signature of Complainant Signature of EEO Officer
____________________ _________________________
Date Signed and Filed with EEO Officer: ___________________________________
Signature of Respondent Signature of EEO Officer
____________________ _______________________
Date Signed and Received by Respondent: _________________________________
Copies: (1) To Complainant (1) To Respondent (2) To EEO Officer for Complainant’s Grievance File and for Hearing Officer’s file
Grievance Form -001/Page 2
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MGWDA
GRIEVANCE FORM – 002
RESPONDENT’S ANSWER TO COMPLAINT
INFORMATION TO RESPONDENT: This form must be submitted to the Middle Georgia Consortium EEO Officer no later than the third (3rd) work day from the date the complaint was filed. If no informal meeting of the involved parties can be arranged within the seven (7) work days after the date the complaint was filed, the formal hearing will proceed unless the complainant files a Grievance Form 006. If an informal meeting is arranged and the grievance is thereby or otherwise resolved in a manner satisfactory to all parties, you may be asked on Grievance Form 004 to confirm that there is no need for a formal hearing. Any questions should be addressed to the Consortium EEO Officer until receipt of Grievance Form 005 or other contact by the named Hearing Officer.
1. A clear and concise reply to the facts alleged by the Complainant (attach additional sheets if necessary): _____________________________________________________________________________________________________________________________________________________________________________________________________________________
2. Any response to the Complainant’s statement concerning the alleged violation of the Act, regulations, grants, or other agreements under the Act believed to have been violated: _____________________________________________________________________________________________________________________________________________________________________________________________________________________
Signature of Respondent Signature of EEO Officer
_____________________ ______________________
Date Signed and Filed with EEO Officer: ___________________________________
Signature of Complainant Signature of EEO Officer
______________________ ______________________
Date Signed and Received by Respondent: __________________________________
Copies: (1) To Complainant84
(1) To Respondent (2) To EEO Officer for Complainant’s Grievance File and for Hearing Officer’s file.
Grievance Form -002/Page 1
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MGWDA
GRIEVANCE FORM – 003
NOTICE OF INFORMAL MEETING
Name of Complainant: _________________________________________
Name of Respondent: __________________________________________
After attempts to confer with the parties, the informal meeting for the resolution of this grievance has been scheduled for:______________________, 20 ___ at ___________ o’clock ___.m. ; at the offices of the Middle Georgia Consortium at 124 Osigian Blvd, Suite A, Warner Robins, Georgia. If, at such meeting or otherwise, the issues raised by the grievance can be mutually resolved to the satisfaction of the parties, they will be asked to confirm that there is no need for a formal grievance hearing at this time on Grievance Form 004, otherwise the hearing shall be scheduled unless a Form 006 is received from the Complainant.
Signature of Complainant Signature of EEO Officer
______________________ ______________________
Date Signed: _______________________________
Signature of Respondent Signature of EEO Officer
____________________ _______________________
Date Signed: _______________________________
Copies: (1) To Complainant (1) To Respondent (2) To EEO Officer for Complainant’s Grievance File and for Hearing Officer’s file
Grievance Form -003/Page 1
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MGWDA
GRIEVANCE FORM – 004
CONFIRMATION/NO NEED FOR FORMAL HEARING
The Complainant and the Respondent have been able to informally resolve the grievance between them in a manner satisfactory to all parties and there is therefore no need for a formal hearing.
Complainant: Respondent:
______________________ ______________________
Date Signed: ____________ Date Signed: ____________
Date Filed with EEO Officer: _________________
Signature of EEO Officer:______________________________________________
Copies: (1) To Complainant (1) To Respondent
(1) To EEO Officer for Complainant’s Grievance File
Grievance Form -004/Page 1
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MGWDA
CERTIFIED MAIL –RETURN RECEIPT REQUESTED
GRIEVANCE FORM – 005
NOTICE OF HEARING DATE & PROCEDURE
Name of Complainant: _________________________________________
Name of Respondent: __________________________________________
INFORMATION TO PARTIES: Under the authority and jurisdiction of the Middle Georgia Workforce Development Area (MGWDA) Grievance Procedures under the Workforce Innovation and Opportunity Act, all parties are informed as follows:
1. The formal hearing on the grievance between the above named parties will be held at the following location: _____________________________________________________________________________________________________________________________________________________________________________________________________________________on _________________ day of _________________, 20 ______ at ______ o’clock, ____.m.,
this is not later than thirty (30) days after the date of the filing of Grievance Form 001;
2. The Complainant may amend the complaint, but no later than seventy-two (72) hours prior to the scheduled hearing;
3. The Complainant may withdraw the request for hearing by submitting a signed Grievance Form 006, a copy of which is attached, with the Hearing Officer or the EEO Officer at any time before the scheduled hearing;
4. Any party may request rescheduling of the hearing for good cause shown, but the hearing shall, in any event, be held within thirty (30) days after the date of filing of Grievance Form 001 except in extraordinary circumstances and where all parties agree to waive the thirty (30) day time limit;
5. Any party has the right to be represented by legal counsel or other representation at the party’s own expense. Where the complaint is against the Consortium, the Executive or Deputy Director, the Board of Directors, or any member, the Workforce Development Board, or any member, or the Executive Committee, or any member, and any party is represented by legal counsel, the Consortium will have legal counsel present to represent the Respondent. Where the complaint is not against any of the above named, but involves solely participants or service providers, and any party is represented by counsel, the Consortium will have legal counsel present to assist the Hearing Officer;
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6. Any party may call witnesses and introduce documentary evidence,
including witnesses and documents which may be available to or kept in the ordinary business of grantee of/or by contract with the Consortium. Requests of a party to have identified witnesses and documents made available should be made to the Hearing Officer, in writing, no later than the _______________ day of _________________, 20 ____. All witnesses will be subject to cross-examination by the other parties; and
7. Any party may arrange for a verbatim recording and transcription of the hearing, at that parties expense. The Hearing Officer should be notified, in writing, of such intention and the arrangement for a court reporter that has been made no later than the: _______________ day of _________________, 20 ____.
All further pleadings, correspondence, or questions should be directed to the Hearing Officer at the address and telephone number stated below.
SO ORDERED this_______________ day of _________________, 20 ____.
______________________________Hearing Officer
Name, address, and telephone number of the Hearing Officer
Name: _______________________________________Address: ______________________________________
______________________________________Phone: ( ) ___________________________________
Copies: (1) Hearing Officer’s File(1) To Complainant
(1) To Respondent(1) To EEO Officer for Complainant’s Grievance File
Grievance Form -005/Page 2
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MGWDA
GRIEVANCE FORM – 006
WITHDRAWAL OF COMPLAINT & REQUEST FOR HEARING
Name of Complainant: _________________________________________
Name of Respondent: __________________________________________
I, __________________________________, wish to withdraw my complaint filed the ________ day of _____________, 20 ___ and request a hearing under the Middle Georgia Workforce Development Area Grievance Procedures.
Date: ________________ _____________________________Signature of Complainant
_________________________ ______________________________EEO Officer/Hearing Officer Date Received
Grievance Form -006/Page 1
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MGWDA
CERTIFIED MAIL –RETURN RECEIPT REQUESTED
GRIEVANCE FORM – 007
DECISION OF HEARING OFFICER
Name of Complainant: _________________________________________
Name of Respondent: __________________________________________
In accordance with and under the authority of the requirements of the Workforce Innovation and Opportunity Act and regulations, specifically Section 181(c) of the Act and 20 Code of Federal Regulations Part 683.600, and the Middle Georgia Workforce Development Area (MGWDA) Grievance Procedures, all as amended, and,
The procedures having been duly and properly completed in compliance with those authorities; and
Having heard the evidence and argument of the parties;
The following constitutes my decision and the facts and reasons thereof (additional sheets will be attached as needed):____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
The following constitutes my decision as to the remedies, if any, to be applied (additional sheets will be attached as needed): ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
A copy of this decision is being sent this date, certified mail, return receipt requested, to each of the parties, and the chairman of the Executive Committee of the Local Elected Officials. Within the ten (10) days after the date of this decision, the Executive Committee may modify it under the provisions of the MGWDA Grievance Procedures. If it does so, the action of the Executive Committee will be the final decision of the MGWDA. If no such modification is made, this decision shall, in ten (10) days become the final decision of MGWDA.
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The final decision of the MGWDA may be appealed by filing a request for review within ten (10) days of the adverse final decision of the MGWDA with the Governor’s designee, as follows:
Ben Hames, Deputy Commissioner, orCherry Peterson, Compliance ManagerGeorgia Department of Economic Development, Workforce DivisionTechnology Square, 75 5th Street N.W., Suite 1200 Atlanta, GA 30308
This the ___________ day of ________________________, 20 ____.
______________________________Hearing Officer
Name, address, and telephone number of the Hearing Officer
Name: ______________________________________Address: _____________________________________
_____________________________________Phone: ( ) __________________________________
Copies by certified mail, return receipt requested to: (1) To Complainant (1) To Respondent
Further Copies: (1) To EEO Officer for Complainant’s Grievance File (1) Chairman, Executive Committee
Grievance Form -007/Page 2
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ATTACHMENT 6AUDIT RESOLUTION PROCEDURES
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ATTACHMENT 6: AUDIT RESOLUTION PROCEDURES
1MIDDLE GEORGIA CONSORTIUM, INC.AUDIT RESOLUTION PROCEDURES
A. PURPOSE. To provide an administrative procedure for the resolution of audit findings at the Training Provider level.
B. APPLICABILITY. All Training Provider programs and associated costs.
C. SCOPE. These procedures apply to all audit findings. In so far as the State rules require different procedures in cases related to criminal and civil rights violations, those procedures will supersede these.
D. DISTRIBUTION. All Training Providers.
E. REFERENCES. The Workforce Innovation and Opportunity Act of 2014.
F. DEFINITIONS.
1. Administrative Finding - One of two types of audit findings which identifies an error or a weakness in the Training Provider's management of financial controls, procedures, policies or systems.
2. Allowed Cost - An audit determination which responds to a questioned cost identified in an audit report. The Executive Director or Board of Directors has the authority to allow a questioned cost. An allowed cost means charges to the contract were properly made by the Training Provider.
3. Audit Resolution - The process, by which the Executive Director allows, disallows or adjusts costs questioned in the audit report and determines what action the Training Provider should take to correct administrative findings. The audit report is resolved when the Executive Director sends a final determination to the Training Provider allowing or disallowing all questioned costs and prescribing action to correct administrative findings.
4. Board of Directors - The governing body of the Middle Georgia Consortium, Inc. appointed the administrative entity of the Middle Georgia Workforce Development Area which was designated by the Governor of Georgia pursuant to the Workforce Innovation and Opportunity Act of 2014.
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5. Chairman of the Board of Directors - The Board of Directors member elected by members of the Board.
6. Training Provider - An organizational entity or individual with an agreement with the Consortium, and receiving WIOA funds. Training Providers are alternately called Program Operators, Training Providers or vendors.
7. Training Provider Instruction - A written Consortium policy directive binding upon Training Providers through the provisions of their contracts.
8. Corrective Action - An audit determination which requires the Training Provider to correct a flaw noted in an administrative finding in an audit report, specifying the deadlines for correction.
9. Debt - An amount which has been computed and described in the Executive Director's final determination as being owed to the Consortium. A debt becomes a claim after final agency action has been taken.
10. Disallowed Cost - An audit determination which responds to a questioned cost identified in an audit report. "Cost" in this context refers to any charge made against the WIOA grant or associated contracts, and is not meant to refer to any distinctions which may be made between cost-type and price-type contracts. That is, a disallowed cost is any monetary charge made, either directly or indirectly, to the WIOA grant, if it was improperly billed and/or paid to a Training Provider. The charge is disallowed if it does not conform to the terms of a contract, WIOA grant or applicable laws or regulations. A disallowed cost means the cost or charge was improperly incurred or billed by the Training Provider and must be repaid.
11. EEO Officer - The Consortium staff member charged with the responsibility for overseeing and monitoring the operation of the Consortium's grievance procedures whether associated with EEO or not.
12. Executive Director - The Administrative head of the Consortium who reports to the Board of Directors.
13. Exit Conference - A meeting between the Training Provider and the auditors where the auditors explain the results of their examinations, the likely consequences and possible Training Provider responses, and the Training Provider may respond.
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14. Final Determination - The part of the audit resolution process where the Executive Director allows, disallows or adjusts all questioned audit costs and includes all sanctions to be imposed, remedies available and corrective actions necessary to resolve the audit. It also includes notice of the right to a hearing through Consortium grievance procedures.
15. Final Agency Action (Final Action) - The final step in the audit resolution procedure after which debts are officially established and corrective actions are officially imposed by the Consortium. Once taken, the Training Provider may appeal the decisions to the State of Georgia.
16. Fiscal Year - The Consortium fiscal year, consisting of twelve (12) months, from July first (1st) through June thirtieth (30th).
17. Grievance Procedures - The Middle Georgia Consortium grievance procedures instituted in compliance with the Federal Regulations and State rules which are to be used by Training Providers in requesting a hearing and by the Consortium in conducting a hearing.
18. Hearing Officer - The individual designated in accordance with the grievance procedures to conduct hearings and to render hearing decisions.
19. Hearing Procedures - That part of the Consortium's grievance procedures dealing with the formal administrative hearing.
20. Informal Resolution - That part of the audit resolution procedure where the Executive Director offers the Training Provider the opportunity to informally discuss any misunderstandings or misinterpretations of fact contained in the audit report and to resolve the Executive Director's initial determination.
21. Initial Determination - That part of the audit resolution procedure where the Executive Director tentatively establishes disallowed and allowed costs, and administrative findings based on the audit report and the Training Provider comments on it, and offers the Training Provider the opportunity for informal resolution of the findings. Also included are sanctions and remedies which may be imposed by the Executive Director should resolution not be reached.
22. Offset of Debts - A method of debt repayment under which funds otherwise payable under a Training Provider's contracts are withheld
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by the Consortium in order to recover any outstanding debt. The Training Provider, in such cases, cannot reduce program operations, or reduce compensation to any participant, or otherwise expend less than those sums called for in the contract. "Funds otherwise payable" may be withheld from a contract in operation or from a completed contract.
23. Questioned Cost - An audit finding in which the auditors questioned that funds were spent properly because the cost is in possible violation of applicable statutes, regulations or terms of the contract; or the cost is not properly supported by documentation required in the contract allow ability provisions or regulations. The term "cost" is used here in the same sense as that used for "disallowed cost" in definition number 10. A questioned cost is an advisory opinion rendered by an auditor, while a disallowed cost is a conclusion drawn by the Consortium accompanied by a requirement for repayment.
24. Recipient (Consortium) - The Middle Georgia Consortium, Inc. so named because it is an organizational unit which receives funds from the State through its Fiscal Agent.
25. Request for a Hearing - A written request by a Training Provider to contest part or all of the Executive Director's Final Determination before an impartial Hearing Officer.
26. Stand-in Costs - A method of satisfying a debt in which the Training Provider identifies allowable costs associated with the grant that had not previously been charged to the grant and then substitute those costs for the amount of the disallowed cost, thus erasing the debt. Stand-in costs must be accrued and accounted for in the Consortium's accounting system each month. Stand-in costs can be determined after the availability of funds have expired (within three (3) years), provided the stand-in costs were accumulated within the three years the grant funds were available.
27. The State (State of Georgia) - The organizational entity responsible to the Federal government for the operation of the WIOA in Georgia.
28. Workforce Innovation and Opportunity Act (WIOA) - The legislation establishing the grant program through which the Consortium provides funds to Training Providers to operate training programs.
G. STATEMENT OF POLICY
I.RECEIPT OF AUDIT - TRAINING PROVIDER COMMENT PERIOD99
1. The Middle Georgia Consortium shall provide each affected Training Provider with a copy of the sections of audit for which comments are requested.
2. The Consortium will allow the Training Provider no less than twenty (20) calendar days to comment on the contents of the audit, to provide additional documentation justifying the expenditure of funds questioned therein, and to comment on its plans or actions taken in connection with any administrative findings contained in the audit report.
3. During this period, Consortium staff members will be available to provide the Training Provider with technical assistance to interpret the audit, to ascertain the documentation needed to justify the expenditure of funds questioned in the audit and to ascertain the actions necessary to correct administrative findings.
4. The Training Provider's comments should be transmitted to the Consortium in writing accompanied by any supporting documentation.
II.INITIAL DETERMINATION
1. Upon the conclusion of the comment period, the Consortium should make an initial determination of the allowability of questioned costs or activities. This determination shall be based upon the requirements of the Act, regulations, and the Training Provider's contract.
2. The determination may conclude either; that there is insufficient documentation to allow the cost, that there is substantial evidence to support the findings of questioned costs or activities, or that the costs or activities should be allowed based on the evidence submitted.
3. The initial determination shall be forwarded to the Training Provider by certified mail, return receipt requested and shall:
a. be in writing,b. state the basis of the determination,c. specify the costs or activities disallowed,d. specify the corrective actions and/or sanctions proposed,
and,e. give notice of an opportunity for informal resolution of the
matters at issue to all interested parties
4. Other interested parties shall be sent a copy of this determination.
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III. INFORMAL RESOLUTION
1. The Consortium shall not institute sanctions against a Training Provider without first providing the Training Provider with an opportunity to informally resolve those matters contained in the Consortium's initial determination, except in extraordinary situations calling for immediate action.
2. The purpose of the informal resolution is to provide the Training Provider with the opportunity to review the audit report with Consortium officials, to allow the Training Provider to provide any additional documentation and to provide an opportunity to resolve the audit at an early stage.
3. After the expiration of the time frames specified by the Consortium for informal resolution, the Consortium will issue a final determination as described in Section IV below. The final determination will reflect the extent to which resolution is reached between the Training Provider and the Consortium, up to and including the informal resolution stage of audit resolution. The Final Determination will be issued even if the Training Provider does not respond to the Consortium's written offer of informal resolution.
IV. FINAL DETERMINATION
1. The Consortium shall issue a final determination within 120 days of the transmission of audit findings to the Training Provider, by certified mail, return receipt requested. Other interested parties shall be mailed a copy of this determination.
2. The final determination shall:
a. provide a description of efforts to informally resolve matters contained in the initial determination, with reference to all the questioned costs and administrative findings contained in the audit;
b. list those matters upon which the parties continue to disagree;
c. list any sanctions and required corrective actions, including any other alterations or modification of the Training Provider's contract intended by the Executive Director;
d. identify costs questioned in the audit report which were allowed and explains why the costs were not disallowed, and;
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e. inform the parties of their opportunity to request a hearing pursuant to this instruction.
V. HEARING PROCEDURES
1. The hearing procedure for audit resolution shall conform to the hearing procedures contained in the "Middle Georgia Consortium Grievance Procedures", Section IV. Paragraphs 2 through 10 below are not meant to be authoritative in expressing the provisions of the "Grievance Procedures", but rather to express the manner in which they will be applied in the context of audit resolution. Should changes be made to the grievance procedure which conflict with the description of it given in paragraphs 2 through 10, the changes will serve to amend this description without further action on the part of the Consortium.
2. A written request for a hearing must be mailed by certified mail, return receipt requested no later than ten (10) days after the Training Provider receives the Consortium's final determination.
3. The request for a hearing shall include:
a. a copy of the Consortium's final determination, and
b. a statement identifying those provisions of the final determination upon which a hearing is requested.
4. A hearing shall be provided within thirty (30) calendar days of receipt of the request for a hearing.
5. A Hearing Officer shall be designated by the Chairman of the Consortium's Board of Directors from a list of Hearing Officers approved by the Board of Directors.
6. The request for a hearing should be mailed to:
EEO Officer Middle Georgia Consortium, Inc. 124 Osigian Blvd., Ste. A P. O. Box 8539 Warner Robins, GA 31095-8539
7. Within seven (7) work days from the date of formal hearing request, the EEO Officer will provide the Hearing Officer with a copy of the
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request.
8. The formal hearing will be scheduled within twelve (12) days from the date the request is received by the Hearing Officer.
9. The Hearing Officer shall issue a final written decision within sixty (60) days of the original filing of the request for hearing and shall include:
a. a synopsis of the facts,b. the reason(s) for the decision,c. a statement that the procedures delineated in the PMM have
been completed,d. a statement of the remedies to be applied, ande. notice of the right to file a complaint with the State where the
Training Provider disagrees with the decision.
10. The Hearing Officer's decision shall be mailed to the Training Provider by certified mail, return receipt requested.
VI. BOARD OF DIRECTOR'S REVIEW OF HEARING OFFICER DECISION
1. The decision of the Hearing Officer shall become the final decision of the Consortium unless the Consortium's Board of Directors modifies or vacates the decision within thirty (30) days after it is served.
2. Any modification or vacation of the Hearing Officer's decision shall be provided to the Training Provider in writing by certified mail, return receipt requested.
3. The Board of Directors has full discretion to review, or not to review, the Hearing Officer's decision.
VII. EXHAUSTION OF RECIPIENT LEVEL GRIEVANCE PROCEDURES - FINAL AGENCY ACTION
1. Should the Training Provider not request a hearing within the required time frames, or fail to comply with procedures for requesting a hearing, the Consortium's Final Determination shall become its final action to resolve the audit.
2. Should the Training Provider request a hearing, the Hearing Officer's decision shall become the Consortium's final action to resolve the audit, unless the decision is vacated or modified by the Consortium's
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Board of Directors.
3. Should the Training Provider request a hearing and the Hearing Officer's decision is vacated or modified by the Consortium's Board of Directors, the Board of Director's decision shall become the Consortium's final action to resolve the audit.
4. Once the Consortium's final audit resolution action has been taken, it is subject to review and revision by the State of Georgia as described in Section X of this Instruction. If the Consortium's action is modified by the State, the Consortium will revise its final action and notify the Training Provider.
5. The Training Provider may appeal the Consortium's decision at any time following the Consortium's final audit resolution action to the State. Exhaustion of the Consortium's audit resolution procedures shall serve as exhaustion of available remedies and procedures required by the State.
VIII. DEBT COLLECTION
1. Once the Consortium's final audit resolution action is taken, all cost disallowed become Training Provider debts and are to be immediately paid in full, but no later than thirty (30) days after the Training Provider is notified of the final action.
2. If the debt is not paid, the Consortium may charge interest on the delinquent debt. If the Training Provider is unable to pay the debt in full, installment payment schedules may be established after the Consortium is provided with evidence of the Training Provider's inability to pay in full and ability to pay in installments. The payment schedule shall be a written, bilateral agreement signed by the Consortium and the Training Provider.
3. Should the Consortium and Training Provider not agree to payment terms and conditions, or the Training Provider fails to pay its debt as established, the Consortium reserves the right to take legal action against the Training Provider to recover the debt.
4. An "offset of debts" may be considered by the Consortium for part of the debt where the Training Provider has demonstrated that:
a. cash repayment is not feasible,
b. the Training Provider is currently funded by the Consortium,104
c. the services to be provided would not otherwise be received by the Consortium,
d. the service is allowable under WIA, and
e. a system to document the provision of service is adequate, clearly defined and agreed to by both parties.
Before an offset of debts may be used, the Consortium must determine that the misexpenditure of funds was not due to willful disregard of the requirements of the Act or contract, gross negligence or failure to observe accepted standards or administration.
5. The "Stand-in Costs" method of satisfying a debt may be considered by the Consortium if the Training Provider has demonstrated conformance with the conditions of paragraph 4 above, and the Consortium has made the determination referred to in paragraph 4.
6. The Consortium will not continue to fund a Training Provider where repayment terms and conditions are not agreed to by both parties.
7. All repayment terms and conditions, including interest charges, between the Training Provider and the Consortium are subject to coordination with, and approval by, the State of Georgia.
8. The remedies described herein are not to be construed to be exclusive remedies.
IX. CORRECTIVE ACTIONS FOR ADMINISTRATIVE FINDINGS
1. Corrective actions and possible sanctions for administrative findings may be handled in various ways by the Consortium, depending on the nature and urgency of the problem.
2. In all cases, the Consortium will specify the required corrective actions to be taken and the dates by which correction is required. The sanctions to be invoked and related deadlines if the corrective action is not taken by the Training Provider will also be specified by the Consortium.
3. Should corrective action not be taken by the Training Provider in a timely manner, contract termination and debarment from participation in future contracts are sanctions which the Consortium may impose.
X. STATUS OF CONSORTIUM DETERMINATIONS105
All administrative findings and questioned costs contained in the audit report, as well as all final determinations, hearing outcomes and sanctions issued by the Middle Georgia Consortium, Inc. are subject to the review and subsequent revision by the State of Georgia. In cases where Consortium action on specific questioned cost items or administrative findings are in disagreement with State of Georgia action on the same items or findings, the State of Georgia's action shall prevail and become the final action by the Consortium as well; that is, the decisions and sanctions of the State of Georgia regarding questioned cost items or administrative findings of a Training Provider are binding upon the Training Provider as well as the Consortium.
Where the Consortium's final action to resolve the audit findings is in disagreement with the State action on the same items or findings, the Training Provider shall be given an opportunity to participate in the State audit resolution process with the Consortium, if the Training Provider's interests are involved. Subsequently, if final State action serves to reverse the Consortium's final action, the Training Provider shall have access to the Consortium's grievance procedures.
Where the Consortium's final action to resolve the audit findings is in agreement with State action on the same items or findings, Consortium action shall be final. In cases of this nature, the exercise of the Consortium's audit resolution procedure shall constitute exhaustion of available remedies and procedures. That is, the Training Provider may appeal the Consortium's final action to the State, but not to the Consortium.
Nothing in this section shall absolve the Training Provider from its responsibility to take those actions required by the Consortium's audit determinations within the time period, and in the manner specified.
H. Action. Training Providers should utilize this procedure in resolving audits, and distribute to appropriate staff.
I. Contact. Further questions regarding this matter should be directed to the Executive Director or the Consortium’s Accountant at (478) 953-4771.
J. Effective Date. For all audits and associated costs for the 2017 Fiscal Year and thereafter.
K. Expiration Date. Indefinite
L. Approved By: Carolyn D. Robertson, Executive Director106
M. Approval Date: July 1, 2017
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ATTACHMENT 7EEO/AFFIRMATIVE ACTION
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ATTACHMENT 7: EEO/AFFIRMATIVE ACTION
1AFFIRMATIVE ACTIONPOLICY AND GUIDELINES
Policy Statement
The Middle Georgia Consortium's Equal Employment and Affirmative Action policy assures that the Workforce Innovation and Opportunity Act (WIOA) staff, participants, program agents, or delivery agents will not be discriminated against because of race, creed, color, political affiliations, religion, national origin, handicap, sex, age (except when age, sex or physical requirements constitute a bona fide occupational qualification necessary to proper and efficient functioning in the job) or any other non-merit factor.
The Consortium's policy of total commitment extends to all areas of employment practices including, but not limited to, the following:
Recruitment, selection, promotion, transfer, training, upward mobility, disciplinary measures, working conditions, compensation, awards and benefits, demotions and terminations.
Consistent with this policy, all Consortium personnel supervisors, managers, sub-grantees and Training Providers are made aware of their equal opportunity responsibilities and the Board of Directors will take such actions as necessary to provide equal opportunity to all employees.
Non-compliance with this policy statement by sub-grantees and Training Providers shall jeopardize initial, continued, or renewed funding under the WIOA Act.
A copy of the Consortium's policy statement will be conspicuously posted in the main areas of operation within its jurisdiction.
Responsibility for Guideline Supervision
The Middle Georgia Consortium has an Equal Employment Opportunity (EEO) Officer within the Consortium for the specific purpose of supervising the implementation of and adherence to the Consortium's Affirmative Action Policy and Guidelines and to ensure that all Consortium employment and training practices are in compliance with appropriate federal and state equal employment opportunity and affirmative action regulations, requirements, and policies.
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EEO Officer Duties and Responsibilities
The EEO Officer is charged with protecting the rights of all Consortium staff employees, applicants, and participants on an equal basis regardless of race, creed, age, color, religion, sex, handicap, political affiliation, or national origin, (except when age, sex, gender, or physical requirements constitute a bona fide occupational qualification necessary to proper and efficient functioning in the job). This same attention of the consideration process for all employee and participant training, promotion, award, recognition, and other career development opportunities. The EEO Officer reports directly to the Consortium Director and on a regular basis to relate Consortium affirmative action progress and provide decision making input into Consortium administrative actions, affecting compliance and correcting any areas weak in proper affirmative action or equal opportunity practices.
The EEO Officer has the responsibility and authority to delegate Guideline compliance duties and responsibilities to department heads, managers, and supervisors, as is necessary.
The EEO Officer is required to establish, develop, and maintain an active channel of communication through which employees and participants may forward questions, state grievances, receive answers, and solve problems related to equal employment practices. Records will be maintained outlining EEO Officer’s actions in response to all grievances.
The EEO Officer informs new employees and participants of the Non-Discrimination policy within ten (10) days of hire and maintains the proper files to that effect; orients and assists supervisory personnel directed toward working with minorities and the disadvantaged; identifies areas of low minority and disadvantaged utilization; and plans specific goals and methods for correction of problem areas.
Furthermore, the EEO Officer ensures that appropriate non-discrimination clauses are contained in all written contracts to which the Consortium is a signatory party. Consortium Sub-grants and Training Providers will sign Assurances which acknowledge their understanding that failure to comply with the Consortium Guidelines will jeopardize initial, continued, or renewed funding under the WIOA Act.
The actual Affirmative Action Policy and Guidelines Accomplishments are evaluated in an annual report prepared by the EEO Officer. Additional evaluations will be conducted as dictated by revisions in federal and state regulations and policies. Unscheduled evaluations will be conducted if data analysis and grievance records indicate an evaluation is necessary to effect policy compliance and program success. As part of each evaluation, Guideline goals will
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be analyzed and redefined to meet with current demographics, financial, employment opportunity, and regulation variables.
All area recruitment sources are informed, in writing, by the EEO Officer of the Consortium's policy of affirmative action selection. Recruitment sources will be requested and encouraged to actively recruit and refer minorities, women, veterans, and handicapped workers for all position vacancies. The EEO Officer informs all prospective employers of the affirmative action policy via the use of the phrase "Equal Opportunity Employer" in all position vacancy advertisements, job applications, and training contracts.
The EEO Officer is responsible for disseminating the Consortium's Affirmative Action Policy and Guidelines to all staff personnel, Training Providers, sub- grantees, and other responsible officials. These same persons and parties will be made aware of new and revised federal and state EEO/AAP regulations and policies in writing by the EEO Officer.
All systems necessary for obtaining, recording, and maintaining data for monitoring EEO/AAP compliance have been designed, implemented, and maintained by the EEO Officer. This system includes a monthly analysis of the actual target group participation within all program areas as compared to planned goals.The EEO Officer diligently administers the Affirmative Action Policy and Guidelines to insure that all Consortium WIOA participants, applicants, and training matters within the confines of federal and state affirmative action and equal employment opportunity guidelines and policies.
Job Structuring
Periodically, all employment and training descriptions will be reviewed, evaluated, and revised to achieve and maintain a current, accurate description for each classification and to limit entrance requirements to those solely related to particular functions, duties, and responsibilities. Position descriptions for all Consortium staff are identified and included in their personnel files.
Upward Mobility
Staff and participants are considered for promotion or transfer based on pertinent education, skill level, demonstrative abilities, and record of achievement as related directly to specific job requirements. A conscientious attempt is made to develop movement of minority, handicapped, and female employees into higher levels of employment and training by eliminating artificial barriers found in the form of non-job related qualification requirements. Minority, handicapped, and female employees are encouraged to participate in any training which would help qualify them for promotion.
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All position vacancies within the Consortium are posted internally. An employment opportunity statement is prepared for each available position to insure uniform dissemination of pertinent information of all employees and position applicants.
Recruitment
Non-discrimination in any form is emphasized in all recruiting efforts. Information other than that directly related to job qualifications is not requested or considered of any prospective employee or applicant. Recruitment efforts are included in the use of promotional news stories and broadcasts, aggressive listing of vacancies with community and minority based organizations, and utilization of all services offered through the Georgia Department of Economic Development, Workforce Division.
Current staff and participants are encouraged and requested to assist in recruiting out and referring qualified applicants for consideration. All employees are notified of job and promotional opportunities. Disadvantaged and minority employees and participants are encouraged to apply for promotional positions and to assist in recruiting other disadvantaged and minority persons.
The term "Equal Opportunity Employer" is used in all job advertising and public service announcements.
Position Announcements
Advertisements for employment with the Middle Georgia Consortium contain a statement that the agency is an EEO Employer M/F. Advertisements for vacancies with the jurisdiction avoid terms as age "40-50", "recent college graduate", "young", "retired person", as these are considered in violation of the Age Discrimination in Employment Act of 1967, and Public Law 93-259. Where experience is a desirable substitution for education, it is indicated in the position announcement.
Application Process
No prospective applicant is refused the opportunity to file an application for employment and training with the Consortium. If no position is available, the application is retained on file for a period of ninety (90) days. Applications for specific positions are maintained for a period of three (3) years.
If a position is available, the application is rated and the top three (3) applications are scheduled for interviews.If staff employees or participants desire to apply for vacant positions, the
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application process outlined is used.
Selection, Appointment, and Placement
Selection practices are non-discriminatory in each and every aspect. Applicants are considered and chosen for positions depending upon their ability to meet and fulfill specific qualification requirements without reference to race, creed, age, color, sex, handicap, political affiliation, or national origin. The Consortium pursues affirmative action to achieve an equitable balance of minority, women, veteran, and handicapped applicants and to insure that such applicants are considered in the selection process.
Qualifications and requirements for selection purposes are determined by and based upon a thorough position analysis and classification as identified in the Personnel Policies.
Job Suitability requirements, such as education level, is limited to those pertinent to the position. This prevents the exclusion of otherwise acceptable job applicants.
Preliminary employment tests are not used in the selection process if these tests have a negative impact on the hiring of minority group persons. A demonstration of basic abilities may be reviewed for certain positions requiring above entrance-level skills.
Oral interviews and other screening procedures of the selection process are restricted to actual position requirements and qualifications.
The Consortium maintains written records of the flow of applicants through the application and selection process, detailing the reasons for applicant selection or rejection. These records also identify the number of job applicants by race, sex, veteran, and handicapped status. The EEO Officer analyzes these records on a periodic basis to determine application patterns, identifies any potential or actual sources of recruitment and selection discrimination or any failure to comply with the Consortium's policy of affirmative action goals. Applicants are placed in the job position for which they qualify. As a part of placement, applicants are made aware of and fully understand their particular duties and responsibilities. Eligibility for advancement and promotion is in competition with other qualified persons.
Skill levels, achievements, and demonstrated potential serve as the basis for consideration in determining advancement.
Placement is made on a non-discriminatory basis to prevent segregated units of program operation. Assignments of training or employment and corresponding
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working conditions do not relate in any way to race, age, creed, sex, handicap, political affiliation, or national origin.
Employee Benefits
All policies and practices relating to employee benefits (including leave policies, retirement plans, insurance programs) are reviewed annually to assure that such benefits are available on a non-discriminatory basis.
Training and Transfer
Opportunities for training to develop skills and abilities necessary for forthcoming higher level positions are provided to all eligible staff and participants on a non-discriminatory basis. Eligibility for training programs is determined through an examination and review of past employment records, current employment skills, educational level, and other abilities directly related to position requirements.
Training program and employment opportunities are well publicized and made available to all eligible participants and employees on an equitable basis.
Records are maintained of staff training. This includes training obtained by an employee on his own initiative with the provision that the EEO Officer is notified of successful completion of the training course.
Employee transfer data is made available to the EEO Officer for analysis and determination of whether or not the transfer was a direct or indirect result of some type of discriminatory action.
Terminations
When possible, terminating staff and participants are interviewed to ascertain the reason or reasons for separation. Records of these interviews are maintained and analyzed to discover if any patterns of turnover exist and to help identify categories that experience unusually high levels of turnover. Records are maintained concerning all involuntary terminations, with definite reasons stated as to the cause for such separations. These records include any and all documentation regarding hearings, appeals, or conferences which are a part of any involuntary termination of an employee. Records are maintained by the Consortium for not less than three (3) years following the disposition of the case.
Other Personnel Actions
Each employee is guaranteed an equal opportunity to confidentially discuss any and all problems concerning equal employment practices with the EEO Officer. Grievances and appeals are promptly and thoroughly investigated by the EEO
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Officer, a report of the investigation, including recommendations, is filed based upon study findings of what action, if any, should be taken regarding the grievance or appeal.The Consortium does not discriminate against a physically or mentally handicapped employee or applicant in any job for which the person is qualified. Affirmative action is taken to ensure that handicapped applicants are encouraged to apply. This practice applies to, but is not limited to, the following: employment, upgrading, demotion, transfer, promotion, recruitment, layoff or termination, and rates of pay or forms of compensation. For purposes of the affirmative action program a handicapped individual is defined as any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities (those which affect employability), has a record of such impairment, or is regarded as having such impairment (those perceived handicapped, whether they are or not).
Auxiliary aids such as interpreters and readers are not on site during the intake, assessment and referral process. If the need for such aid as an interpreter arises during intake, the Consortium would (1) utilize the service of the person designated as the interpreter for the Georgia Department of Labor Employment Service or (2) contact the Rehabilitation Services Division/Georgia Department of Human Resources for assistance. In providing any auxiliary aids not on the site, the time span would be two (2) to three (3) days because of the involvement of other agencies.
The EEO Officer monitors each sub-recipient, sub-grantee, contracting or employing agency to identify and develop goals and timetables for removal of any architectural barriers with respect to the handicapped.
Goals
WIOA staff, employee and trainee participation goals are based on an established ratio of 65% minority, 35% non-minority, 52% female and 48% male which approximate the eligible WIOA population. These ratios are based on Table I area demographics or meet a ratio based on the targeting of special population segments for intensified service as applicable to individual program regulations and demonstrated local area need. The EEO Officer and Executive Director will work in close cooperation to design programs that are non-discriminatory.
Goals for affirmative action practices for the WIOA participants are:
Job-restructuring, or job training restructuring where appropriate, throughout all facets of occupational skill training to remove artificial barriers to employment traditionally experienced by females and minorities.
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The EEO Officer actively implements the goals and objectives of the Affirmative Action Policy and Guideline through a monthly monitoring and analysis of the program participation data and demonstrated recruitment efforts as well as through recommending, initiating and monitoring corrective action where required.
Affirmative Action Analysis and Conclusion
In determining affirmative action goals and timetables for WIOA participants, the EEO Officer assists the Consortium staff planners in establishing target employment/training goals in a ratio proportionate to area demographic factors or within the confines of particular grant requirements, all applicable federal and state EEO/AAP regulations and policies, and the Consortium's policies.
Affirmation Action Policy and Guidelines
Affirmative action goals for Consortium staff were based on an analysis of the staff on August 25, 1983. Staff composition characteristics are identified in Table II.The Consortium recruits its employees from throughout its ten county service area.
The Middle Georgia Consortium lists position vacancies in the following manner: (1) In-house notification per personnel policy; (2) with employment service; (3) community and minority based organizations and (4) a review of WIOA enrollments. Positions are also advertised in the local press and the Georgia Department of Labor will be incorporated into the Consortium's efforts to attain Guideline goals. It is stressed in all communications that the Consortium is an affirmative action/equal opportunity employer in all employee, participant, and trainee considerations.
Employees, participants, and trainees are encouraged by the EEO Officer and Consortium Training Providers and sub-grantees to utilize all available educational and training opportunities, especially those that are considered non-traditional. Internal promotions are used whenever possible by the Consortium and its Training Providers and sub-grantees to move lower level employees into higher level and/or non-traditional level vacancies.
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ATTACHMENT 8SEXUAL HARASSMENT POLICY
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ATTACHMENT 8: SEXUAL HARASSMENT POLICY
1POLICY CONCERNINGSEXUAL HARASSMENT
In accordance with the personnel policies of the Middle Georgia Consortium, Inc. to ensure fair treatment of participants, applicants and employees of the Middle Georgia Consortium, without regard to race, sex, gender, color, religion, national origin or handicap, it is hereby ordered that:
POLICY
The purpose of this is to establish a clear policy which states that the Middle Georgia Consortium, Inc. prohibits sexual harassment of participants or staff in any form and to establish procedures by which allegations of sexual harassment may be filed, investigated and adjudicated.
This policy shall not be construed to enlarge upon, limit or abridge the rights of any person under the Constitution or Statues of the United States or the State of Georgia.
This policy shall be made part of any contract with any Contractor.
Sexual Harassment Defined
Sexual harassment is: (1) unsolicited, deliberate or repeated sexually explicit derogatory statements, gestures or physical contacts which are objectionable to the recipient and which cause discomfort or humiliation; or, (2) it is the exercise or the attempt to exercise the authority and power of an employee's position to control, influence or affect the career, salary or job of another employee or prospective employee in exchange for sexual favors.
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
2. Submission to or rejection of such conduct by an individual is used as a basis of employment decisions affecting such individual; or,
3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment may be manifested by but not limited to:
a. verbal harassment123
b. subtle pressure for sexual activity
c. constant brushing against another employee's body
d. unnecessary patting or pinching
e. demanding sexual favors accompanied by implied or overt threats concerning an individual's employment status
f. demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment status
Grievance Procedure
Compliance Officer - The EEO Officer is directed to receive complaints and allegations involving sexual harassment directed against employees of the Middle Georgia Consortium, Inc. Such complaints shall be investigated and processed in accordance with the procedures and the authority delegated to the EEO Officer in the Middle Georgia Consortium Participant Grievance Procedures and Staff Grievance Procedures. The EEO Officer shall conduct a fair and impartial investigation and shall monitor all allegations to insure that reprisals against complainant are avoided. In the event disciplinary action is warranted, the pertinent complaint file shall be forwarded to the Chief Executive Officer; in the event the allegation is against that officer, the pertinent complaint file shall be forwarded to the Chairman of the Board of Directors of the Middle Georgia Consortium, Inc.
The EEO Officer shall be responsible for providing a program to include the identification of sexual harassment and the procedures for investigation and resolution of complaints.
General Requirements
Allegations of sexual harassment shall be fully investigated, and corrective or disciplinary action taken as warranted. Complaining parties shall be required to swear to or affirm that the facts stated in the complaint are true to the best of the person's belief or knowledge and information.
Confidentiality
The complaint file, including all information and documents pertinent to a complaint, shall be confidential. The participant or employee should immediately file the complaint with the EEO Officer.
Time Periods for Filing Complaints
Complaints of sexual harassment must be filed within the period provided by the grievance procedure. Due to the nature of sexual harassment, it shall be the offended employee's responsibility to make known to any advancing or offending employee that the advances being made are unsolicited and are unwelcome.
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ATTACHMENT 9MIDDLE GEORGIA CONSORTIUM
INDIVIDUAL TRAINING ACCOUNT (ITA) POLICIES
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ATTACHMENT 9: MIDDLE GEORGIA CONSORTIUM INDIVIDUAL TRAINING ACCOUNT (ITA) POLICIES
Middle Georgia Consortium, Inc.(ITA) Individual Training Account Policies
9. Training for Eligible Individuals only, as determined by the Consortium.
10. Previous WIOA Trainees - Individuals who have previously received financial assistance under WIOA are not eligible for further training assistance, unless,
They completed their program of study and are unable to perform the work associated with the skills previously obtained as described below, or
They did not complete and they had a justifiable reason accepted by the Career Facilitator prior to dropping out of training and cooperated with the Career Facilitator in pursuing job search or other prescribed activities.
In no case will drop-outs be accepted for reentry into WIOA financed
training if contact was not made with the Career Facilitator prior to dropping out, regardless of their ability to use the skills acquired through training, or financial assistance was terminated as described below. Individuals who complete training and are unable to secure employment must also contact their Career Facilitator in order to qualify for reentry into training.
11. Trainees must seek training-related employment – Applicants for training assistance must plan to seek training-related employment after training is completed. Those who do not have this objective will not be accepted for training assistance; trainees who do not will be ineligible for further WIOA assistance. This includes trainees who, instead of seeking employment, pursue further training not approved by the Career Facilitator.
12. Applicants for training with a self-employment objective - The training will
not be approved unless the applicant also has a wage and salary employment objective as well; the training to be provided must stand on its own as adequate preparation for the wage and salary employment objective, though it may assist the trainee with the self-employment objective as well. No funds will be provided to assist in the financing of a self-employment business in any way, such as tools, uniforms, etc. This policy is intended to assure that the trainee has an alternative path to employment in the event the self-employment venture fails, which is likely given the generally low success rate of new business ventures.
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13. Middle Georgia may serve individuals who do not reside in the Middle Georgia area as long as funds are available and priority is given to Middle Georgia residents. We will continue to serve individuals who resided in our area when training services were initially provided and who subsequently move to another service area.
14. Coordination of Funds - WIOA funds will only be applied to a participant=s training expenses if other funding is not available in accordance with the coordination provisions of 20 CFR 680.230. HOPE grants or scholarships, PELL, GI Bill and other federal grants will be applied first to the participant=s training expenses to the extent they are available and WIOA ITA funds will supplement the cost of training. Each applicant seeking training assistance must apply for the PELL, HOPE and other federal grant programs. WIOA monies will be applied after these federal grant monies are exhausted.
15. Training Linked to Employment – Occupation training services and assistance may only be provided for training that is directly linked to employment opportunities in the Middle Georgia area, or to areas in which the trainee is willing to relocate (20 CFR 680.210(b)). The Middle Georgia Consortium will establish this linkage for each prospective trainee by reference to the following sources of information:
a. Georgia Department of Labor’s occupation and industry employment projections using such factors as total growth, percentage growth and annual openings.
b. Georgia Career Information System, O’NET, or other appropriate and available career data.
c. News articles and analyses reflecting rapidly changing labor force conditions favorable or unfavorable to specific occupational or industrial areas.
d. Consortium or training applicant surveys or interviews with knowledgeable representatives of training institutes, employers or employees in the industry or occupation in question.
Information on job quality (wages, benefits, advancement potential, etc.), to the extent available, will also be used to select employment opportunities. Priority for training occupations will be given to training for teachers and for the health care industry due to skill shortages in these areas in the Middle Georgia area.
16. Training Resulting in a Self-Sufficient Wage - Training must provide the long term prospect of an employment wage resulting in self-sufficiency without
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the aid of public assistance; self-sufficiency is defined as 150% of the U.S. Department of Labor=s Lower Living Standard Income Level (LLSIL) as determined by the Career Facilitator. In addition, the expected entry level wage for the training occupation must be at least $8.00 per hour as determined by the Career Facilitator.
Alternately, for dislocated workers, self-sufficiency may be defined as work of substantially equal or higher skill level than the individual’s past adversely affected employment, or work for which the individual is currently qualified to do, and wages for such work at not less than 80% of the individual’s average weekly wage. The training should also improve the trainees’ chances of obtaining employment with wages and benefits superior to those they could obtain without training.
Applicants who already have a self-sufficient job or job offer are not eligible for training assistance under these policies.
17. Training Within the Commuting Area - In general, the location of training must be within a reasonable commute of the Middle Georgia area. Training sites outside of the Middle Georgia service area will be approved on a case-by-case basis, depending upon the commuting distance for the trainee, and the availability of the training in the commuting area.
18. Length of Training - Programs of study are limited to those that the prospective trainee can reasonably be expected to complete within 104 weeks or two years. Extensions of the planned completion date beyond two years may be made on a case-by-case basis, appropriately documented by the Career Facilitator.
19. Full Time Training - Training must be full-time as determined by the training institution’s policy; exceptions may be approved on a case-by-case basis, appropriately documented by the Career Facilitator.
20. Training to Improve Marketability – The training must result in the acquisition of skills which the individual can apply to the related occupational objective resulting in an improvement in their employment prospects in terms of job acquisition and/or job quality. Marketable skills qualify a person for a self-sufficient job. Training that appears not to improve employment prospects or qualify an individual for a self-sufficient job will not be approved.
21. Individuals Already Possessing Marketable Skills - Individuals with marketable skills who want training merely for the purpose of changing careers will not be approved for training. Individuals with marketable skills or credentials may qualify for training if they are unable to perform the work associated with the skills previously obtained, in cases such as disability, lack
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of demand for the skill or a personal history disqualifying them from employment in the occupation related to the skills they possess (e.g., a Nurse with an illegal drug use conviction).
22. Skill Enhancement Occupations - On a limited basis, the Consortium approves training in certain occupations for individuals to enhance their marketable skills. These are limited to the education and health care fields (see item #15, below). To qualify under this provision, an applicant must be seeking training that is directly related to previous training and/or experience and represents a progression in occupational competence.
23. Baccalaureate and Post-Baccalaureate Training - WIOA funding will be provided for this training only if;
a. The trainee is accepted into a degree or diploma program, and the course of study is occupation-specific (i.e., radiologic technician, accounting, teacher certification). No funds will be provided for general academic programs (i.e. General Studies, Bachelors of Business Administration, Bachelors of Art, etc.).
b. Total course of study is no longer than the period specified in item 10., above,
c. The trainee demonstrates that he/she has the financial resources to attend long-term training, and
Funding for Post Baccalaureate training may only be provided if;
i. the trainee’s Baccalaureate degree is not occupation-specific; some degrees are considered occupation-specific at the master’s level, but not at the bachelor’s level, as determined by the Career Facilitator’s conclusions regarding the minimum requirements in the labor market for specific degrees for specific occupations (e.g., psychology);
ii. the trainee is unable to perform the work associated with the skills previously obtained, or
iii. the training is in the educational or health care field and would improve the trainee’s employability and/or quality of employment.
24. Continuing Education and Certificate Training - Training of this nature will only be approved if;
a. The trainee has a work history or educational background that relates to the occupational goal, and
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b. The trainee presents evidence establishing that the proposed training will increase his/her employment marketability, through applicant job market research or other appropriate means or
c. training will be in an occupation where no previous experience or training is required for employability (e.g. truck driving).
25. Provisional Training Admissions - WIOA assistance will be provided on a case-by-case basis, related to the trainee=s prospects for successful completion (20 CFR 680.210(a)(3)).
26. Approved Training –
a. State Eligible Training Provider List (EPL) – ITAs can only be used to pay for training expenses incurred with approved training providers and training programs. Approved training providers and programs are listed on a statewide Eligible Training Provider List (EPL). To be listed on the EPL, a training provider’s program must be evaluated and approved by a local WIB. When applying for an ITA, an applicant is shown the Georgia EPL, (https://www.workreadyga.org), can select training from any provider and program on the list and receive an ITA from any program meeting the Consortium’s requirements. Applicants may also select programs from other states under certain circumstances.
b. Consortium Training Provider Reviews and Training Applicant Labor Market Research – For programs on a State EPL selected by an applicant for which the Consortium has no experience, the Consortium may require that it conduct a review of the prospective provider before approving training to assure that there is a good likelihood of trainees obtaining training-related employment, and that the training is directly linked to the employment opportunities either in the Middle Georgia area or in another area to which the individual is willing to relocate (20 CFR 680.210(b). Training applicants may also be required to perform labor market research that supports the decision to approve training. Training will not be approved for programs or providers with which the Consortium has had unacceptable experience.
c. Training Provider Agreement – Approved providers must also sign a basic agreement with the Consortium. The agreement will include provisions for student referrals and invoicing, program pricing, customer accessibility including all Americans with Disabilities Act reasonable accommodation requisites, student data collection, record keeping and monitoring by local, state and Federal officials. The signed agreement does not guarantee that the Consortium will make any referrals to the training provider.
d. Enrollment Limits for New Providers – New providers satisfying all other requirements may be limited initially to 5 trainees or less by the Consortium. Additional trainees will be approved once these trainees have completed
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training and demonstrate adequate employment results as determined by the Consortium.
27. Termination of Financial Assistance – Assistance may be terminated in whole or in part by the Career Facilitator for the following reasons:
a. Funds are not available to continue assistance.
b. The student is not making satisfactory academic progress.
c. The student has failed to maintain contact with his or her Career Facilitator.
d. The student has not provided information on his or her academic progress, contact information, program of study, employment or other needed information.
e. The student has changed to a program of study not meeting Consortium requirements, or resulting in an extension of the student’s completion date significantly beyond the 104 week guideline.
f. The student has decided not to seek full-time, training-related employment after completion of approved training.
g. The student has an unsatisfactory attendance record as determined by the Career Facilitator, causing a delay in planned training program completion.
h. The student has abused his or her privileges regarding training related books and supplies.
28. Training Cost Limitations - ITA training costs for all training are limited to;
a. Up to $7,800 in training costs for all training except associate, baccalaureate and post baccalaureate training in health care and education occupations, excluding support, may be expended for each participant for the first year of training (four quarters or three semesters).
b. For training that extends beyond one year, for all training except associate, baccalaureate and post baccalaureate training in health care and education occupations, total training costs may not exceed $14,300, excluding support.
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c. Cost Limits for Associate, Baccalaureate and Post Baccalaureate Training in Health Care and Education Occupations - Up to $9,100 in training costs, excluding support, may be expended for each participant for the first three semesters (or four quarters) of training, and no more than $16,900 for training that extends beyond three semesters (or four quarters).
d. These limitations apply regardless of any training length extensions that may be approved as described in item 10, above.
All training cost must be reasonable and comparable to other local agencies providing the same type of training. If the cost of training exceeds fund limitation guidelines, the Career Facilitator should assist in developing a financial plan to cover total costs of training. The participant will not be required to apply for or access student loans, or incur personal debt as a condition of participation.
29. Allowable ITA Costs -
a. Tuition and fee charges will be made in accordance with the Contractor=s catalog or price list, including any HOPE, PELL or other funds available. Fees may include any necessary licensing or certification fees, physical exams or drug tests related to the trainee=s course of study. Out-of-state tuition is not an allowable charge.
b. Book charges will include materials required for the related course work; reference materials such as dictionaries and thesauruses will be considered support expenses. Materials such as magazines, newspapers and the like are not allowable unless supported by a signed instructor=s statement that they are required for the course. Any HOPE book allowance available should be deducted from the charges. The maximum amount for books a semester is $700.00 and prior approval, in writing, must be granted by the Career Facilitator if it surpasses this amount. The participant will be responsible for the excess if approval not granted.
c. Course-related supplies include all supplies other than books required of all students taking a course. This may include nursing uniforms, lab smocks, tools, physical education clothing and the like. These items are limited but are fully reimbursable under the MGCI’s Supportive Service policy. Any supply items which do not appear to be course-related must be supported by a signed statement from the instructor that the supplies are required for the course.
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d. Unallowable supply items are not reimbursable under this agreement and include, but are not limited to the following non-course-related items:
! Umbrellas! Watches/Clocks! Jewelry! Clothing! Book Bags/Back Packs! Toilet articles! Food and beverages! Leisure reading materials! Eating and drinking utensils
e. Late fees, fines and penalties are not allowable or reimbursable if they are due to trainee error or delay.
f. Other costs which are reasonable and necessary for training purposes will be reimbursed. The training provider will be notified in the event an item is questioned by the Consortium due to its nature or quantity. If the cost of an item is disallowed, the training provider should require payment from the student. The Consortium will also notify the student of his or her responsibility for payment. Upon entry into the program, each participant will sign a statement agreeing to be responsible for the payment of all disallowed supply items.
The undersigned agrees to abide by the policies provided above.
___________________________________ ________________Participant=s Signature Date
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ATTACHMENT 10DEBARMENT AND SUSPENSION CERTIFICATIONS
LOWER TIER
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ATTACHMENT 10: DEBARMENT AND SUSPENSION CERTIFICATIONS LOWER TIER
Certification RegardingDebarment, Suspension, Ineligibility and Voluntarily
ExclusionLower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ ATTACHED INSTRUCTIONS WHICH ARE AN INTEGRAL PART OF THE CERTIFICATION)
(1) The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
Signature Date
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Instructions for Certification
1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Georgia Department of Economic Development, Workforce Division (GDEcD,WD) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarment," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the GDEcD,WD.
6. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the GDEcD,WD, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method of frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded From Procurement or Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
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Government, the GDEcD,WD may terminate this transaction for cause or default.
ATTACHMENT 11DEBARMENT AND SUSPENSION
CERTIFICATIONS
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ATTACHMENT 11: DEBARMENT AND SUSPENSION CERTIFICATIONS
Certification
Regarding Debarment, Suspension, and Other Responsibility Matters
As the duly authorized representative the Service Provider certifies to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted 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 State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
Legal Name of Organization: ___________________________________________________
Name of Authorized representative: ______________________________________________
_______________________________________________________________________Signature of Authorized Representative Date
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INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT
1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6 The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Trans-actions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of it principals. Each participant may but is not required to check the List of Parties Excluded from Procurement of Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.
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ATTACHMENT 12DISCLOSURE OF LOBBYING ACTIVITIES
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ATTACHMENT 12: DISCLOSURE OF LOBBYING ACTIVITIES
CERTIFICATION REGARDING LOBBYING
As the duly authorized representative, the Service Provider certifies that:
1. 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, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instruction.
3. The Undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontractors, sub grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subjected to a civil penalty or not less than $10,000 and not more than $100,000 for each failure.
______________________________________________________________________________ Name of Proposer/Contractor Organization
Name of Certifying Officer: ___________________________________________________________
Signature of Certifying Officer: ___________________________________ Date: ________________
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ATTACHMENT 13SUB-CONTRACTOR AFFIDAVIT
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ATTACHMENT 13: SUB-CONTRACTOR AFFIDAVIT
Sub-Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for __________________________________on behalf of Middle Georgia Consortium, Inc. and the Middle Georgia Workforce Development Board has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned Service Provider will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Service Provider hereby attests that its federal work authorization user identification number and date of authorization are as follows:
___________________________________________ __________________________Federal Work Authorization User Identification Number Date of Authorization
___________________________________________ Name of Contractor
I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ________, 20___ in __________________ (city), _________ (state)
_____________________________________________ Signature of Authorized Officer or Agent _____________________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE __________ DAY OF ___________, 20____. _______________________________________ Notary Public
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My Commission Expires: ___________________
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ATTACHMENT 14GEORGIA SECURITY AND
IMMIGRATION COMPLIANCEACT OF 2011
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ATTACHMENT 14: GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2011
Georgia Illegal Immigration Reform and Enforcement Act of 2011Sub-subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3)
By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for Middle Georgia Workforce Development Area and the Middle Georgia Consortium, Inc. on behalf of the Georgia Department of Economic Development Workforce Division has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned sub-subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-subcontractor with the information required by O.C.G.A. § 13-10-91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to the Middle Georgia Consortium, Inc. Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to the Middle Georgia Consortium, Inc. Sub-subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _____________________________Federal Work Authorization (6 Digit User Identification Number/E-Verify #) _____________________________Date of Authorization _____________________________(Type or Print) Agency/Business Name of Sub-Contractor
Workforce Innovation and Opportunity Act Name of Project
Georgia Department of Economic Development Workforce Division Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on this day of , 201 , in (city), Georgia.
______________________________________________________ Signature of Authorized Officer or Agent of Sub-Contractor (Agency/Business)
_____________________________________ Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME:
On this day of , 201___ 163
______________________ NOTARY PUBLIC SIGNATURE
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ATTACHMENT 15BUDGET SUMMARY
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Attachment 15: Budget Summary
Budget Summary* ROUND ALL TO THE NEXT HIGHEST DOLLAR. DO NOT INCLUDE CENTS.
Proposer’s Name: Expense Line Item TOTALS
Personnel Cost
Salaries $
Fringe Benefits $
Total Travel $
Total Personnel $
Operating Expenses
Equipment Lease / Purchases (from Equipment List attachment)
$
Operating Cost (from Operating Cost Attachment)
$
Office Supplies (from Office Supply Attachment)
$
Other Consumables (from Other Consumable Attachment)
$
Other (Specify): $
Other (Specify): $
Other: (Specify): $
Total Operating Costs $
Expense Line Item TOTALS
Participant Related Costs
Participant Training Material/Supplies/Fees $
Participant Supportive Services/Incentive Payments
$
Work Experience Expenses/Payments $
Employer Reimbursements (OJT) $
Other (Specify): $
Other (Specify): $
Other: (Specify): $168
Total Participant Costs $
GRAND TOTAL $
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Personnel Summary and Detail
Proposer’s Name:
Personnel Cost Annual Salary % Charge
d to WIOA
Total
A. Position (Specify): $ $
B. Position (Specify): $ $
C. Position (Specify): $ $
D. Position (Specify): $ $
E. Position (Specify): $ $
F. Other (Specify): $ $
TOTAL (Enter on salary line on Budget Summary) $
FRINGE BENEFITS
Benefit Salary Base %Total Charged
FICA / Medicare
Worker’s Compensation
Health Insurance
Retirement
U.I.
Life Insurance
Other (Specify):
Other (Specify):
Other (Specify):
Other (Specify):
TOTAL (Enter on Fringe line item on Budget Summary) $
170
TRAVEL
Travel mileage rate may not exceed the allowable IRS rate.
Local Travel Miles (X) Number of Months
Mileage Rate Total $
Out of Area Travel Miles
(X) Number of Months
Mileage Rate Total $
Totals $
LODGING
# of Nights Per Night Charge
Amount Charged to Contract
PER DIEM
# of Days Per Diem Amount
Amount Charged to Contract
TOTAL TRAVEL
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Total Travel (Enter on travel line item on Budget Summary)
$
EQUIPMENT
Lease / Rental
Item Cost Per Month $
# Months Total Costs
Total Costs
Purchases
Item Total Costs
Total Costs
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Operating Cost
Itemized List Required
Item Quantity Unit Cost Total Cost $
Facility Rent
Utilities:
Electric
Trash
Water
Gas
Maintenance
Postage/Mail Service
Telephone:
Landline
Cell
Internet
Copying (overage copies)
Other: Itemize below
TOTAL (Enter this total on Budget Summary ) $
173
ROUND ALL TO THE NEXT HIGHEST DOLLAR. DO NOT INCLUDE CENTS
174
OFFICE SUPPLIES
Itemized List Required
Item Quantity Unit Cost Total Cost $
TOTAL (Enter this total on Budget Summary) $
ROUND ALL TO THE NEXT HIGHEST DOLLAR. DO NOT INCLUDE CENTS
175
OTHER CONSUMABLES
Itemized List Required
Item Quantity Unit Cost Total Cost $
Advertising
Printing
Insurance (specify)
Audit
Bond
Indirect Cost
Profit
Other: Itemize Below
TOTAL (Enter this total on Budget Summary) $
ROUND ALL TO THE NEXT HIGHEST DOLLAR. DO NOT INCLUDE CENTS
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PARTICIPANT TRAINING MATERIALS /SUPPLIES / FEES
Items Costs# of
Participants Total Costs
Books / Curriculum
Materials / Supplies
Assessments / Pre-Official GED Test
GED Tests
Testing Fees / State Licenses / Board Certifications
Training
Teaching Aids
Tuition Fees
Uniforms / Tools
Other (Specify):
Other (Specify):
Other (Specify):
TOTALS (Enter this total on Budget Summary) $ROUND ALL TO THE NEXT HIGHEST DOLLAR. DO NOT INCLUDE CENTS
PARTICIPANT SUPPORTIVE SERVICES / INCENTIVE PAYMENTS
Participant Payments Amount# of
Participants
# Days / Weeks Total
Support Payments
Incentives (Specify):
Other (Specify):
TOTALS (Enter this total on Budget Summary) $177
ROUND ALL TO THE NEXT HIGHEST DOLLAR. DO NOT INCLUDE CENTS
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WORK EXPERIENCE EXPENSES / PAYMENTS
NOTE: Complete this section only if Work Experience (WE) is a training activity/service under the RFP and your organization plans to include this activity/service.
Payments Rate # of Participant
s
Number of Days / Weeks
Total
Wages
FICA
Other (Specify):
Other (Specify):
Other (Specify);
TOTAL ROUND ALL TO THE NEXT HIGHEST DOLLAR. DO NOT INCLUDE CENTS
ON THE JOB TRAINING (OJT) – PAYMENTS / SUPPLIES
Item Rate # of
Participants# Number
ofDays / Weeks
Total
Employer Reimbursements
Other (Specify):
Other (Specify):
TOTALSROUND ALL TO THE NEXT HIGHEST DOLLAR. DO NOT INCLUDE CENTS
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ATTACHMENT 16PREVIOUS EXPERIENCE AND PRIOR PERFORMANCE
SUMMARY
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Attachment 16: Previous Experience and Prior Performance Summary
PREVIOUS EXPERIENCE AND PRIOR PERFORMANCE SUMMARY
Does your organization have prior WIA/WIOA or similar program experience? Yes _____ No ______
If yes, please provide the following information on your prior WIA/WIOA experience. If similar program experience, include a narrative with the proposal on the experience and provide performance requirement and outcomes for that program.
Proposers who include performance outcomes for more than one agency/organization and/or for multiple programs and/or contracts for the same agency/organization must list the performance separately for each agency/organization and each contract.
Proposers may use separate copies of this form for various agencies, organizations and contracts being reported. Limit of five (5) copies of this form may be included with RFP.
Prior WIA/WIOA or Similar Program Information
Name of LWIA or Agency: Address:
Phone Number: Contact Person Name:
Total Years of Experience with this Agency Most Recent Program Year:
Funding Groups Served:
Please check all funding groups listed below served:
_____ Adults
_____ Dislocated Workers
_____ Youth
_____ Other Specify: ________________________________________________
If funded through an agency/organization/grant other than WIA/WIOA, specify the funding source and the specific population(s) served.
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Prior Performance Information: Adults
Performance Measure Program Year______
Program Year_______
Number of Enrollments – Adults Served
Entered Employment Rate
Employment Retention Rate
Average Earnings Rate
Credential Attainment Rate
Prior Performance Information: Dislocated Workers (DW)
Performance Measure Program Year________
Program Year________
Number of Enrollments – DW Served
Entered Employment Rate
Employment Retention Rate
Average Earnings Rate
Credential Attainment Rate
Prior Performance Information: Youth
Performance Measure Program Year________
Program Year________
Number of Enrollments – Youth Served
Credential Attainment RateEntered Employment / Post-Secondary Education
Literacy / Numeracy Skill 186
Attainment Rate
Average Earnings Rate
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ATTACHMENT 17FINANCIAL CAPABILITY STATEMENT
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Attachment 17: Financial Capability Statement
FINANCIAL CAPABILITY STATEMENT
Proposer Name: ___________________________________________________________
Address: _______________________________ State: __________ Zip Code: _________
Federal Tax Id #: ________________________ Georgia Tax ID #: ___________________
Georgia Unemployment Insurance #: _______________________
This form must be completed by an independent certified public accountant, financial officer of the proposer, state agency or local educational agency.
1. Is the proposer a corporation? Yes _____ No _____If yes, corporation and affiliates must be listed and properly registered with the Secretary of State’s Office.If yes, please attach a copy of registration certification to proposal: Yes ___ No ____If no, explanation required: _____________________________________________
2. Proposer is licensed in the city or county in which they are doing business: Yes ____ No ____If yes, attach a copy of the license: Included: Yes _____ No ____
If no, explanation is needed: __________________________________________________________________
__________________________________________________________________
3. Proposer has a current fidelity bond and copy is attached: Yes _____ No _____If no, explanation is needed: _____________________________________________
__________________________________________________________________
4. Proposer is current on all federal and state taxes and Unemployment Insurance: Yes _____ No _______
Please provide certification form from accounting/tax firm of current tax standing to include federal, state and Unemployment Insurance taxes.
If no, explanation is needed: _____________________________________________
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5. Proposers Workers’ Compensation Insurance is current: Yes _____ No _____
Name of Carrier: _________________________________________________________
Address: _________________________________________________________
Policy Number: ________________________________________________________
Policy Coverage Period: _______________________________________________________
6. Proposer Fiscal Year date from: ______________________ to _________________________
7. Proposer Financial Status as of the end of the most recent fiscal year:
a. Cash $_______________________ b. Current Assets $_______________________
c. Current Liabilities $_______________________
d. Net Working Capital $ _______________________ (a + b – c = d)
A. Proposer is in good standing with the Better Business Bureau with no outstanding complaints:
Yes _____ No _____
If no, please explain: __________________________________________________
__________________________________________________________________
9. Has proposer had any Federal or State Tax levies in the past five (5) years? Yes _____ No ____
If yes, explain the levy, list county filed and date paid and resolved: _______________
__________________________________________________________________
10. Please check below all resources available for financial management for contract operations:
Bank / Business Credit Yes _____ No _____
Own / Personal Resources Yes _____ No _____
Other Income Source * Specify below Yes _____ No _____
If yes, name of bank and amount of credit – include any line of Credit.
Bank / Other Resource Name: ____________________________________________
Credit Amount: $_________________________________________________
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Other Income Source: __________________________ Amount $: ______________
Other Income Source: __________________________ Amount $:_______________
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11. Date of latest Audit: __________________________ Not Applicable: ____________________
Date period of Audit from: _______________________ to ___________________________
If Audit conducted, Name of Auditor/Firm: _________________________________________
Please attach a copy of the most recent audit with proposal.
12. If no audits have been performed, please explain (new business/organization, date business or organization began, etc.):
_______________________________________________________________________
________________________________________________________________________
________________________________________________________________________
13. List below the name(s), and title of individual(s) authorized to act on behalf of agency/organization:
Name: ____________________________________ Title: _________________________
Name: ____________________________________ Title: __________________________
Name: ____________________________________ Title: __________________________
Signature(s) of Authorized Person(s):
Signature: __________________________________ Date: _________________________
Signature: __________________________________ Date: ________________________
Signature: __________________________________ Date: _________________________
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ATTACHMENT 18PROPOSAL RESPONSIVENESS CHECKLIST
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Attachment 18: Proposal Responsiveness Checklist
PROPOSAL RESPONSIVENESS CHECKLIST
Proposer Name: ________________________________ Activity: ________________________
Any “No” response deems this proposal non-responsive and excludes it from further consideration for funding.
YES NO
1. Proposal was submitted on the due date and time.
2. Correct number of requested copies (5). Organization Legal signatory is included on Proposal(s)
Was Proposal determined to be responsive: _____ Yes _____ No
FOR Middle Georgia WDB Staff Use only:
Signature of Reviewer: Date
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ATTACHMENT 19PROPOSAL REVIEW CRITERIA
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Attachment 19: Proposal Review Criteria
PROPOSAL REVIEW CRITERIA
Proposals will be evaluated using the criteria listed below. A minimum of 115 points of the total 155 must be scored in order for a proposal to be considered competitive.
Proposer Organization/Agency Name: ___________________________________________________
Type of Activities/Training: _________________________________________________________
Training Slots Requested: _____________ Total Funding Requested: $_______________________
Rating: 0 = Not Addressed 1 = Poor 2 = Fair 3 = Average 4 = Good 5 = Excellent
Program Design Rating (X) Factor
Total
1. Did proposer clearly and completely describe program design?
0 1 2 3 4 5 3
2. Were the training activities and services thoroughly explained?
0 1 2 3 4 5 3
3. Proposer has a plan to successfully meet enrollment number, training completion and achieve performance measure outcomes.
0 1 2 3 4 5 3
TOTALComments:Program Management
Ranking (X) Factor
Total
1. Does the proposer have sufficient knowledge and experience to achieve project success?
0 1 2 3 4 5 2
2. Does the proposer have prior WIA / WIOA experience? 0 1 2 3 4 5 23. Does/will the staff have the necessary qualifications? 0 1 2 3 4 5 24. Is the number of staffing sufficient to ensure quality services are provided to successfully meet desire performance outcomes?
0 1 2 3 4 5 2
TOTALComments:Financial Management Ranking (X)
FactorTotal
1. Did the proposer include all the requested financial budget and management information?
0 1 2 3 4 5 2
2. Does the proposer have adequate financial resources? 0 1 2 3 4 5 23. Does the proposer have acceptable internal controls? 0 1 2 3 4 5 2TOTAL Comments:
Cost Criteria Ranking (X) Total
201
Factor1. Does the cost seem effective and reasonable? 0 1 2 3 4 5 22. Does any line item in the budget seem unusually high? 0 1 2 3 4 5 23. Could the activity be provided at the costs proposed? 0 1 2 34 5 24. Do the facilities, equipment, training materials, supplies, staffing costs appear adequate and appropriate for activities/services?
0 1 2 3 4 5 2
TOTAL Comments:
Reviewer Signature:____________________________________ Date: _____________________
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ATTACHMENT 20PROPOSAL COVER SHEET
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Attachment 20: Proposal Cover Sheet
PROPOSAL COVER SHEET
Name of Organization: Federal Employer ID:
DUNS Number:Address: Mailing Address: (if different)
Contact Person Name: Title:
Email Address: Telephone #:
FAX #:
Legal Status of Organization: check applicable Public ( ) Private For Profit ( ) Private Non-Profit ( ) Education Agency ( ) Governmental ( ) Type of Service / Activity:
Amount Requested: $ Proposed Number Plan to Serve:
Proposed Cost per Participant:
Please check all that apply:
Women’s Business Enterprise ( ) Minority Owned ( ) Small Business (less than 500 employees) ( )
Disclosure of Financial Relationship
Does your organization have any type of financial relations with any Middle Georgia Workforce Development Board Member or Middle Georgia Consortium staff member? No ( ) Yes ( )
If Yes, Name and Title of Person: _______________________________________________
Typed or Printed Name of Legal Authorized Signatory: ________________________________
Signature of Authorized Person: ____________________________ Date: ____________
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ATTACHMENT 21STRATEGY TO MEET PERFORMANCE MEASURES
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Attachment 21: Strategy to Meet Performance Measures
Strategy to Meet Performance Measures
Performance Measures indicators will be used to evaluate the effectiveness of training programs. These indicators will be calculated during and after a participant exits the program. Indicate your strategy to ensure that you meet the Performance Measures.
Performance Measures
1. Describe your collaboration and coordination efforts to promote or increase coordinated strategies to ensure successful outcome for: Placement in Employment, Education, or Training – Employment 2nd Quarter after Exit.
2. Describe your collaboration and coordination efforts to promote or increase coordinated strategies to ensure successful outcome for: Retention in Employment, Education, or Training – Employment 4th Quarter after Exit.
3. Describe your collaboration and coordination efforts to promote or increase coordinated strategies to ensure successful outcome for: Credential Attainment Rate – Attainment within 4th Quarters after Exit.
4. Describe your collaboration and coordination efforts to promote or increase coordinated strategies to ensure successful outcome for: In-Program (Measurable) Skills Gains.
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