Request for Proposals. For. Workforce Investment Act (WIA) Title I Youth Programs and Services. Services to be delivered:

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1 Request for Proposals For Workforce Investment Act (WIA) Title I Youth Programs and Services Services to be delivered: June 4 th, 2012 August 31 st, 2012 June 3 rd, 2013 August 30 th, 2013 June 2 nd, 2014 August 29 th, 2014 June 1 st, 2015 August 28 th, 2015 June 6 th, 2016 September 2 nd, 2016 RFP Issue Date: April 2 nd, 2012 Proposal Due Date: May 4 th, 2012 Serving all the following Minnesota counties: Big Stone, Chippewa, Cottonwood, Jackson, Lac qui Parle, Lincoln, Lyon, Murray, Nobles, Pipestone, Redwood, Rock, Swift, Yellow Medicine. Southwest Minnesota Workforce Council Lyon County Government Agency 607 West Main Street Marshall, MN

2 Section I: Background and General RFP Informationction I: Background and General RFP Information A. Overview of SWMNWKFC Workforce Investment Act (WIA) Title I formula funds are allocated to Southwest Minnesota Workforce Council(SWMNWKFC) and Youth Council for Youth Services to support the delivery of employment and training services to youth who meet federal Workforce Investment Act eligibility criteria. The joint partnership of these two boards issues this Request for Proposal s (RFP), to solicit innovative youth leadership development programs to operate under the provisions of the Workforce Investment Act. This RFP provides an opportunity for organizations to assist economically disadvantaged, at-risk youth in making progress in education and succeeding in employment, to contract and deliver a youth program element entitled Leadership Development Opportunities. In keeping with the intent of WIA, SWMNWKFC is committed to helping economically disadvantaged youth be successful in school, access job training and higher education opportunities, and gain the knowledge and skills required to enter high-wage career pathways. More specifically, SWMNWKFC is seeking partnerships with organizations that can demonstrate measurable, positive impacts on the youth they serve. SWMNWKFC is seeking an interested organization that can demonstrate the four critical characteristics listed below. development activities; -oriented staffs are available to serve low income youth: and creativity in designing project and experiential based learning activities in which young individuals can participate; and, implementation of these innovative approaches to youth development. B. Purpose of RFP The purpose of this RFP is to solicit proposals for the delivery of the Ladership Youth Program Element under the Workforce Investment Act in each of the following Minnesota counties: Big Stone, Chippewa, Cottonwood, Jackson, Lac qui Parle, Lincoln, Lyon, Murray, Nobles, Pipestone, Redwood, Rock, Swift, Yellow Medicine. Interested organizations must propose activities and services for youth in all fourteen counties. WIA rules require that programs must be designed to serve both low income in-school and out-of-school youth. In this solicitation, SWMNWKFC is only accepting proposals that serve youth in one program element, Leadership Development Opportunities during the summer youth program and target all three of the following categories: 1. Youth who are in school but are at-risk of not successfully finishing high school; 2. Youth who have dropped out of school (and have not yet earned a GED); and, 3. Youth who are out of school having successfully completed high school, desire to participate in further learning activities but lack the financial resources or guidance necessary to make this happen. 1

3 Note: Definition of Leadership Development Opportunities Activities that promote citizenship and leadership development to encourage responsibility, employability, and other positive social behaviors through voluntary community service opportunities, exposure to postsecondary educational opportunities, adult mentoring, peer-centered activities including peer mentoring and tutoring, organizational and teamwork training, including team leadership training, follow-up services and targeted opportunities. WIA program requirements also mandate that a minimum of 30% of all WIA Youth program expenditures must be spent on providing services to out-of-school youth (categories 2 and 3 above). Bidding organizations should keep this requirement in mind to ensure that the proposed program provides for services to both in-school and out-of-school youth as appropriate. Additionally, all programs must lead to one or more of the following outcomes: 1. Completion of a high school diploma; 2. Attainment of degrees or industry recognized certifications; 3. Job placement; 4. Placement in post-secondary education programs, advanced training activities, apprenticeship programs or in the military; and/or 5. for youth with poor basic skills, an improvement in math and reading skills as measured by assessment scores. Interested organizations should also note that SWMNWKFC views strong community partnerships as instrumental to the success and sustainability of programs for at-risk and out-of-school youth. Proposals should therefore demonstrate comprehensive collaboration - including shared financing as appropriate among local school districts, community colleges, and community -based organizations in the delivery of the program element, Leadership Development Opportunities. C. WIA Youth Program Description The current WIA youth program is delivered by the SW MN Private Industry Council, the grant recipient/fiscal agent, which provides youth the opportunity to develop employment skills and/ or pursue an educational degree. To accomplish this, youth development strategies are designed to help interested youth enroll in and successfully complete critical skill development activities AND successfully transition to employment in the local labor market. Youth who are deficient in basic skills must also participate in activities designed to improve their reading, writing, math, analytical, computer and communication skills. From a broad perspective, the WIA youth program design consists of four components: 1. Assessment: All youth customers must complete a personalized and objective assessment of their skill levels and service needs; 2. Plan Development: Based on the results of these assessments, all youth customers must participate in the development and ongoing maintenance of an individual service strategy or plan that outlines an effective service strategy; 3. Service Delivery: Based on this plan, all youth customers must receive the specific youth development and workforce services as described in their plan; and, 4. Follow Up: Once all services have been delivered and outcomes achieved, all youth must receive some form of follow-up services for a minimum period of 12 months following their completion of program activities. 2

4 WIA Required Elements WIA legislation mandates that ten specific program elements must be included in the WIA Youth program design, (and can be made available through direct service provision by the grant recipient, the SW MN Private Industry Council),or through partnerships with other organizations, by referral to or by RFP, as appropriate). The ten program elements are: Tutoring and instruction leading to secondary school completion, including dropout prevention activities; Summer employment opportunities directly linked to academic and occupational learning activities; ehensive guidance and counseling; Note: WIA Regulations also describe the following exceptions to the youth provider selection requirements, as permitted under the Federal regulations: 20 CFR (a)(4), provides that the competitive selection requirements of WIA section 123 DOES NOT APPLY to Program Design Framework which includes intake, assessment and development of the individual service strategy when these are provided by the local grant recipient /fiscal agent; 20 CFR provides that providers of Summer Employment activities must be selected by awarding a grant or contract on a competitive basis, unless the grant recipient/fiscal agent administers this program element; In addition, WIA regulations allow for DOL/ETA approved Waivers from the competitive procurement of service providers in the delivery of the mandatory ten youth program elements. Minnesota applied for and received a waiver for the local delivery of three of the ten youth program elements: Work Experience, Support and Follow- up Services. Also, the Southwest Minnesota Private Industry Council will administer and deliver Occupational Skills Training, another youth program element, to out of school youth through the usage of Individual Training Account (ITA). This Waiver request was also approved by DOL. Under these waivers, the grant recipient/fiscal agent (Southwest Minnesota Private Industry Council) is permitted to administer the program elements or partner with agencies to directly provide these services. The Southwest Minnesota Private Industry Council, the grant recipient and fiscal agent (WSA 03), will directly administer and deliver the Program Design Framework, Summer Employment, Work Experience, Support Services and Follow-up Services under Minnesota s Waiver of WIA section 123, approved on November 16, 2011 and deliver Occupational Skills Training, another youth program element, to out of school youth through the usage of Individual Training Account. 3

5 D. Alignment of WIA Youth Program with High-Growth Industries SWMNWKFC is committed to supporting efforts by local and county Initiative to align workforce development and economic development activities in the region. The SWMNWKFC has identified the following targeted industries: 1) health care, (2) manufacturing, (3) renewable energy, and (4) self employment. Given this, SWMNWKFC is seeking proposals from an organization that can design a youth leadership development program supporting youth entry into career pathways for these targeted industries. Note: Definition of Leadership Development Opportunities Activities that promote citizenship and leadership development to encourage responsibility, employability, and other positive social behaviors through voluntary community service opportunities, exposure to postsecondary educational opportunities, adult mentoring, peer-centered activities including peer mentoring and tutoring, organizational and teamwork training, including team leadership training, follow-up services and targeted opportunities. E. Transition of Current (Carry-In) WIA Youth Customers SWMNWKFC is committed to a smooth continuation of services to existing youth customers without an undue interruption of services or duplication. Youth customers currently receiving services from the SW MN Private Industry Council will continue to receive services from that provider. SWMNWKFC will require the new contractor to accept carry-in and referrals of new WIA youth participants to continue providing WIA- Leadership Development Opportunities to these young individuals. F. Performance Goals & Measures The Workforce Investment Act measures the success of WIA Youth program services based on a specific set of required performance measures. These performance measures include three Department of Labor (DOL) defined measures for youth served in the program: ent in Employment or Education 53.6% of all youth 49.9% of all youth 22.2% of all youth Please note that these performance measures are negotiated on an annual basis and are therefore subject to change based on negotiations with the Minnesota Department of Employment and Economic Development (DEED) and Department of Labor (DOL). G. Eligible Bidders Organizations eligible to submit proposals in response to this RFP include not-for-profit organizations, educational institutions, governmental entities, and other organizations that are not suspended, debarred or otherwise prohibited from entering into a legal contract for WIA Youth funding. All bidders must accept liability for all aspects of any WIA program conducted under contract with SWMNWKFC. Bidders will be liable for any disallowed costs or illegal expenditures of funds or program 4

6 operations conducted. This Request for Proposals is not in itself an offer of work nor does it commit SWMNWKFC to fund any proposals submitted. SWMNWKFC is not liable for any costs incurred in the preparation or research of proposals. SWMNWKFC reserves the right to make an award to any bidder or to make no awards, if that is deemed to serve the best interests of Southwest Minnesota. H. Contract Length and Details Based on the current allocation, SWMNWKFC will award up to $ 30,000 from WIA Youth resources that it can under the RFP to organizations proposing effective summer youth Leadership Development Opportunities strategies. Bidding organizations should know that SWMNWKFC intends to be as inclusive as possible in this solicitation. The contract with the successful bidder will be for 5 years in 3 month period increments of each of those years (please see cover page of RFP for exact dates services are to be delivered), which can begin any time after contract negotiations are completed. Based on performance, SWMNWKFC may elect to renew the contract. All commitments made by SWMNWKFC are contingent upon the availability of funds. I. RFP Provisions and Expectations SWMNWKFC assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: Section 188 of the Workforce Investment Act of 1998; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; The Age Discrimination Act of 1975, as amended; and Title IX of the Education Amendments of 1972, as amended. SWMNWKFC also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the WIA Title I financially assisted program or activity, and to all agreements that SWMNWKFC makes to carry out the WIA Title I financially assisted program or activity. Any organization submitting a bid is also providing an assurance that they will comply with the above nondiscrimination and equal opportunity requirements. The successful bidder also assures that if awarded a contract it will comply with all regional, state and federal program and financial monitoring requirements. This means the bidder will make available all required information (both program and financial) as is required to satisfy local, state, and federal monitoring expectations. In addition, bidders are required to maintain all WIA records for at least six years. Bidding organizations should note that specifications in this RFP may change based on issuance of State or Federal policy or WIA re-authorization. SWMNWKFC will work with successful bidders to implement any changes required by the State or the Federal Department of Labor. By submitting a proposal, the bidder agrees to work cooperatively with SWMNWKFC to comply with any required subsequent changes. J. Proposal Submission and Time Line To ensure a fair and open process for all interested bidders, the following time table will be used with this RFP: RFP Issued: April 2 nd, 2012 Questions and Answers Deadline: April 23 rd, 2012 Proposals Due: May 4 th, 2012 Proposal Review Completed: May 18 th,

7 Workforce Investment Board Approval: May 25 th, 2012 Contract Negotiations Completed: June 1 st, 2012 Contractor Begins Delivering Services: June 4 th, 2012 August 31 st, 2012 SWMNWKFC may require selected bidders to attend oral interviews, participate in negotiations and rewrite their statements of work as agreed upon during the negotiations. 6

8 Section II: Proposal Requirements for Youth Proposals Section II: Proposal Requirements for Youth Proposals A. All proposals must operate from June 4 th, 2012 through August. 31 st, Proposals must be received by no later than noon CST, May 4 th, Proposals received after that time and date may be rejected. B. Proposals must be limited to 6 double-spaced, 12 point single-sided pages, not including other sections of your proposal such as required attachments, your audit/financial reports, and other attachments such as resumes and organizational charts. All pages must be numbered and all required attachments must be completed as requested. Proposals that fail to follow all instructions and do not include all applicable information and forms may not be considered. C. Attachment A (Budget Form) must be completed. D. Attachment B (Production Schedule) must be completed to show planned enrollment/service levels. E. Attachment C (Assurances and Certifications) must be signed and submitted. F. An electronic copy of the proposal must be submitted via and sent to the attention of Eriann Faris, Sr. Youth Program Coordinator, efaris@swmnpic.org. G. Questions regarding this RFP may be submitted to Eriann Faris via to efaris@swmnpic.org. Questions/answers will be addressed until April 23 rd, H. Use this as a checklist to ensure that you have included all items required to respond to this RFP. Failure to include all required information will result in rejection of your proposal. Word format on the provided forms) From June 4 th, 2012 through August 31, 2012 C (Assurances and Certifications) I. Unless specifically requested by SWMNWKFC, changes and/or amendments to the originally submitted proposal will not be considered. In addition, SWMNWKFC reserves the right to: (1) amend or withdraw this RFP at any time, (2) reject any and all proposals, and (3) re-issue this RFP if necessary. J. Evaluation Process An ad hoc review committee will evaluate the proposals. The review committee will independently evaluate each proposal. The scores will be aggregated with the average score recorded. The review committee will then discuss proposals and develop recommendations. Proposals evaluated with an average score below 70 of a possible 100 points will not be considered. 7

9 Section III: Proposal Statement of WorkioIII: Interested organizations should adhere to the following outline in responding to this RFP. This will make your proposal more reviewable and will allow reviewers of your proposal to make more informed decisions. A. Experience of Bidding Organization and Staff-- 15 Points 1. Provide an overall description of your organization. What are your organization s mission and vision, governance structure, and legal status? Please describe your management structure that highlights key management personnel and their proposed roles with this project. Please identify the single point of contact for your organization. What experience does your single point of contact have at directing and managing youth projects? 2. Proposals must include information to demonstrate that the organization and/or its key staff has a record of success in operating youth Leadership Development opportunities and other workforce programs or projects. Describe your organizational and key staff experience in providing these services to youth. Outline any specific workforce services that your organization and/or key staff have provided to low income youth that are either at-risk of not graduating high school or are out-of-school but looking for further opportunities or guidance. 3. Describe your organization s experience using Workforce One? Specifically, detail any experience your organization and key staff possess in tracking and reporting customer activities in the WorkForce One data base. B. Proposed Plan of Work 40 Points 1. Proposed Grant Period: June 4 th, 2012 through August 31, 2012 In section I.B. of this RFP, SWMNWKFC has identified three specific groups of youth to be targeted for WIA Youth assistance. List the three groups and detail, how these three youth groups will be targeted by your organization for the specific services. Also, identify the specific number of youth for each of the targeted groups your organization is proposing to serve that will receive WIA Youth Leadership Development services through your organization. 2. Describe all WIA Youth Leadership Development opportunities your organization will make available to WIA Youth participants. Please provide detailed descriptions and information on this youth service provided by your organization using funds made available through this RFP. Note: Definition of Leadership Development Opportunities Activities that promote citizenship and leadership development to encourage responsibility, employability, and other positive social behaviors through voluntary community service opportunities, exposure to postsecondary educational opportunities, adult mentoring, peer-centered activities including peer mentoring and tutoring, organizational and teamwork training, including team leadership training, follow-up services and targeted opportunities. 3. SWMNWKFC is looking for highly innovative and nontraditional recruitment strategies that aggressively and effectively reach at-risk youth. Describe the specific strategies that your organization will utilize to make youth aware of other WIA Youth services. 8

10 4. The selected provider will be required to collect and coordinate client data collection with the SW MN Private Industry Council for Workforce One system. Describe the processes of intake, eligibility, and enrollment of youth referrals in your activities will be conducted. Note: Eligibility: The term eligible youth means an individual who Is not less than age 14 and not more than age 21; Is a low-income individual; and Is an individual who is one or more the following: 1. Deficient in basic literacy skills 2. A school dropout 3. Homeless, a runaway, or a foster child 4. Pregnant or a parent 5. An offender 6. An individual who requires additional assistance to complete an educational program, or to secure and hold employment. Out-of-School Youth are defined in WIA as follows: An eligible youth who is a school dropout An eligible youth who has received a secondary school diploma or its equivalent but is basic skills deficient, unemployed, or underemployed A School Dropout is defined under WIA as an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent. Selective Service registration is required of all males who reach 18 years of age on or after An individual who meets this description must demonstrate proof of registration prior to enrollment. Income Guidelines: The SW MN Private Industry Council will furnish the most recent income guidelines during the duration of the contract. 5. Provide details on how your proposed WIA Youth services align with the skill requirements of the high growth industries targeted by the Southwest Minnesota Workforce Council as identified in section I.D. of this RFP. 6. Describe how your organization will manage WIA Youth services and activities to meet or exceed each of the required performance measures as identified in section I.F. of this RFP. Provide specific information on the strategies your organization will use to ensure that youth are continuously engaged in WIA Youth services until they have successfully transitioned to employment or more advanced training. In addition, please provide an assurance that services will also be designed to meet any additional quality standards that may be established by SWMNWKFC. Position descriptions and organizational charts will be considered. Please attach, these items will not count towards the 6 page limit. C. Staffing Plan and Organizational Structure 15 Points Staffing of the WIA youth program is one of the most critical aspects of ensuring program quality. Please describe your proposed staffing plans. 1. While staffing/hiring decisions will be the responsibility of your organization, please identify the qualifications of any current staff that will be involved in delivering the proposed WIA Youth services. Include brief position descriptions with position titles. If the staff is to be hired at a later date, include the 9

11 qualifications required for new staff. Also, please describe the process through which qualified staff will be identified and selected. Include an organizational chart that specifies staffing levels and locations where all staff will be located. 2. Identify key management staff by name with a description of their role in the proposed project as well as a summary of their credentials/qualifications. D. Partnerships and Coordination 5 Points Include a brief description of any partners that will be involved in the operation of your proposed WIA youth program. Describe the specific role that these partners will play in delivering the proposed Leadership Development services to youth. For partners that will play a significant role in your proposed Youth program, you are required to include letters from these partners which reference the specific commitments being made, including services to be delivered to youth customers, financial or in-kind contributions if any, and any other commitment(s) being made. E. Financial Management and Budget 25 Points The bidder should complete a budget plan as detailed in Attachment A (15% of overall rating). Please do not deviate from the budget plan provided as consistency will allow reviewers to compare proposed budgets. In addition to providing the required budget, please provide the following information about your financial management systems. 1. Bidders must maintain a financial management system that is auditable and in compliance with generally accepted accounting principles. Detailed financial records must also be available for audit and monitoring purposes when required. To demonstrate your organizational ability to comply with these financial standards, provide a brief description of your financial management system, including appropriate internal controls. Also provide an electronic copy of your most recent audit report and your organization s cost allocation plan. 2. Has your organization had any questioned costs, disallowed costs or compliance monitoring findings in the last three years? If so, describe these costs or findings and detail how the issues have been resolved. 3. If WIA costs you incurred in the operation of the proposed youth program were subsequently disallowed as a result of an audit or monitoring (meaning you spent them inappropriately), does your organization have the capability to repay these funds? If yes, from what source? 10

12 Workforce Service Area #3 SW MN Workforce Investment Board Project Application Signature Page Applicant Name Contact Person Address City/State/Zip Telephone Number Address 3. Start Date: May 1, 2012 End Date: August 31, Projected Annual Funds Available: xxxxx (Estimate) 11

13 5. Applicant Signature: Application is made for a grant under the Workforce Investment of 1998 in the amount of and for the purposes stated herein. Name of Authorized Official Signature Title Date Name of Board Chair/CEO Signature Date Project Application Signature Page Instructions Item 1. Enter the name and address of the organization submitting the proposal. 2. Enter the name, telephone number and address of a person to contact regarding questions on this proposal. 3. Start and End dates are provided. 4. Projected funds available are provided. 5. Enter the identifying information and signature of the person who has the authority to enter into a contract for the project and your Board Chair/CEO. 12

14 Attachment A Budget Plan A budget plan must be completed for each category of youth you are proposing to serve (Younger Youth and Older Youth). If proposing to serve both categories of youth, a total of two budget plans will be required. Include in your budget plan all proposed management fees, including all costs associated with staff that are not providing direct customer services. Instructions for completing a Budget Plan are located after the Budget Plan. PY 2012 Budget Information Summary: WIA Summer Youth Grant 13

15 (See next page for definitions of cost categories) WSA/Contact: Address/Phone Number: Date Submitted (or Modified): Grant Number: Estimated Cumulative Quarterly Expenditures Cost Category Administration (Cannot Exceed 10%) In-School Youth Wages/Fringe Benefits Out-of-School Youth Wages/Fringe Benefits In-School Youth Direct Services Out-of-School Youth Direct Services In-School Youth Support Services Out-of-School Youth Support Services In-School Youth Other Services Out-of-School Youth Other Services TOTAL: New Funds Under WIA Total Funds Available 4/1/12 to 6/30/12 WIA Youth Program Financial Information 7/1/12 to 9/30/12 Pct. Of Funds Expended on Out of School Youth (Minimum 30%; Higher Levels Recommended): 30% 14

16 WIA Younger Youth Estimated Number of WIA Youth Served WIA Older Youth In-School Youth Out-of-School Youth Total Est. Served 15

17 Definitions of Cost Categories for WIA Administration Costs are defined by WIA Final Rules and Regulations (20 CFR, Section ) and are generally associated with the expenditures related to the overall operation of the employment and training system. Youth Participant Wages and Fringe Benefits Wages and benefits paid directly to youth participants while engaged in program activities. Benefits should typically include (where applicable) workers compensation, Medicare and FICA. Direct Services to Youth Costs associated with providing direct service to youth, EXCLUDING costs of youth participant wages and fringe benefits and support services. Wages and fringe benefits for staff that provide direct services to youth participants should be included in this cost category. Support Services Items that are necessary for a youth to participate in WIA, such as transportation, clothing, tools, child care, housing/rental assistance, school-related expenses, etc. These expenses may be paid directly to the youth or to a third-party vendor. Other Services Examples of costs that should be included in this category include stipends provided for participation in program activities, including educational activities. 16

18 Attachment B WIA Youth Production Schedule Enter Organization Name: Planned Youth Enrollments & Exits by Quarter Planned WIA Youth Enrollments (# of youth to begin receiving services) 1st Quarter April June nd Quarter July Sept 2012 Total for summer Planned WIA Youth Exits (# of youth to stop receiving services) Performance Goals for Proposed Youth Program Performance Measures/Outcomes Placement in Education or Employment Attainment of Degree/Certificate Number of Youth to Attain Outcome Required Goal as a % 72% 63% Literacy/Numeracy Gain 50% Organizational Goal as a % These performance measures/outcomes have been described in section I.F. of this RFP and are subject to change based on state negotiations. Bidders should enter both an estimated total number of youth that it believes will attain these outcomes as well as a percentage of the total number of youth being served. 17

19 Attachment C. WIA STANDARD ASSURANCES 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor; state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. following list includes, but is not meant to limit, laws which may be applicable: The A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. 2000e et seq. which prohibits discrimination in employment because of race, color, religion, sex or national origin. B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin. C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. and 45 C.F.R (J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or employment. D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq. as amended, and Minn. Stat , which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963, as amended, 29 U.S.C. 206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Stat which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. G. Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. H. The Workforce Investment Act of 1998, 29 U.S.C et seq. as amended, and WIA regulations which prohibit discrimination under any program funded in whole or in part with WIA funds because of race, color, religion, sex, national origin, age, handicap or political affiliation or beliefs. Although certain restrictions apply, generally, persons cannot be denied participation in a WIA program simply because of their citizenship. I. Americans with Disabilities Act of 1990, 42 U.S.C through 12213, 47 U.S.C. 225, 611, with 18

20 regulations at 29 C.F.R. 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition or privilege of employment. J. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and including 45 CFR Part 80, prohibits recipients of federal financial assistance from discriminating on the basis of national origin which includes not discriminating against those persons with limited English proficiency. 2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used, maintained, or disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy, and Contractor must comply with those requirements as if it were a governmental entity. The remedies in section apply to the Contractor. Contractor does not have a duty to provide access to public data to the public if the public data are available from the governmental agency (County), except as required by the terms of this Contract. All subcontracts shall contain the same or similar data practices compliance requirements. 3. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF The Contractor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) which are applicable to the Contractor s duties under this Contract. In performing its obligations under this Contract, Contractor agrees to comply with the HIPAA Privacy requirements, the HIPAA Standards for Electronic Transactions, the HIPAA security requirements, and any other applicable HIPAA laws, standards and requirements now in effect or hereinafter adopted as they become law. 4. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 5. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards, regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 6. WIA FUNDS. A. Political Activity. 29 U.S.C. 2945(6). No WIA funds shall be used for any program or services which involve political activities. B. Union Activities. 29 U.S.C. 2931(b) (7). No WIA funds shall be used to assist, promote or deter union organizing. 7. REPORTING. Contractor shall comply with the provisions of the "Child Abuse Reporting Act", Minn. Stat , as amended, and the "Vulnerable Adult Reporting Act", Minn. Stat , as amended, and any rules promulgated by the Minnesota Department of Human Services, implementing such Acts. 19

21 8. APPEALS. Contractor shall comply with and assist the County in complying with grievance and appeals procedures as set out in WIA law and regulations and Minn. Stat , where applicable. 9. VOTER REGISTRATION. Using forms provided by the Office of the Secretary of State, Contractor shall provide non-partisan voter registration services and assistance to program participants, the public and others as required by Minn. Stat PLAIN LANGUAGE. Contractor shall comply with provisions of the plain language law requiring written material produced for applicants and recipients to be understandable to a person who reads at the seventh grade level (Minn. Stat ). 11. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION. Federal Regulation 45 CFR prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. By Signing This Contract, The Contractor Certifies That It And Its Principals* And Employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; and B. Have not within a three (3) year period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above; and E. Shall immediately give written notice to the Contracting Officer should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing a public (federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. * Principals for the purposes of this certification means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manger; plant manager; head of a subsidiary, division, or business segment and similar positions). Directions for On Line Access to Excluded Providers To ensure compliance with this regulation, identification of excluded entities and individuals can be found on 20

22 the Office of Inspector General (OIG) website at INSURANCE TERMS Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverage s as are indicated herein and to otherwise comply with the provisions that follow. Such policy (ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub-subcontractors, and Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. APPLICABLE SECTIONS ARE CHECKED 1. Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. If Contractor is not required by Statute to carry Workers' Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision under Minn. Stat which excludes Contractor from the requirement of obtaining Workers' Compensation Insurance; (2) to provide prior notice to County of any change in Contractor's exemption status under Minn. Stat ; and (3) to hold harmless and indemnify County from and against any and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers' Compensation or Employers' Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain Workers' Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage. 2. General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract), Independent Contractors, "XC&U" and Products-Completed Operations liability (if applicable). Such coverage may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. If Commercial General Liability insurance can only be provided on a claims-made basis, the Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. The retroactive date for the claims made policy must be prior to the start of the contract term. Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000 per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an 21

23 Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that afforded by the underlying Commercial General Liability policy (or equivalent underlying policy). Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of the coverage s afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below. Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount shall not exceed $25,000 each occurrence. Such policy (ies) shall name SWMNWKFC, its officers, employees and agents as Additional Insureds thereunder. Such policy(ies) shall name the Minnesota Department of Human Services, its officers, employees and agents as Additional Insureds thereunder. 3. Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and aggregate (if applicable). Coverage under such policy may be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for SWMNWKFC hereunder. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of SWMNWKFC's protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if necessary or appropriate to avoid impairment of SWMNWKFC's protection. Contractor further agrees that it will, throughout the one (1) year period of required coverage, immediately: (a) advise SWMNWKFC of any intended or pending change of any Professional Liability insurers or policy forms, and provide SWMNWKFC with all pertinent information that SWMNWKFC may reasonably request to determine compliance with this section; and (b) immediately advise SWMNWKFC of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of SWMNWKFC. 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) 22