Incumbent Worker Training (IWT) Contract Agreement

SECTION 1: SCOPE OF SERVICES

Area 7 hereby agrees to engage the CONTRACTOR and the CONTRACTOR shall perform all the necessary services under this contract.

SECTION 2: TIME OF PERFORMANCE

The length of the contract is dependent upon the complexity of the training to be provided, experience and/or education level of the trainee, local limitations, and the availability of funds.

SECTION 3: DISBURSEMENT

A. Area 7 shall reimburse to the CONTRACTOR based upon invoices submitted and receipt of required documentation as outlined in the contract.

B. Invoices shall be submitted and received at the GOWBI or sub-grantee office located at 8043 W SR 163, #100, Oak Harbor, OH 43449 no later than ten (10) working days after the invoice ending date. Non-adherence to this schedule may make this contract null and void.

C. Amount of reimbursement is solely dependent upon the availability of WIOA funding at time of invoice.

D. Funds may not be redistributed hereunder without approval of the Area 7 and amendment of the contract.

E. Subject to receipt of funds from the State of Ohio, Area 7 shall make payment under this Contract.

SECTION 4: TERMINATION

A. Contract termination shall be defined as the cancellations of Federal or State assistance, in whole or in part, under a contract at any time prior to the date of completion.

B. Termination shall be by one of the following methods: Cause: GOWBI may terminate any contract in whole, or in part, and any payment pertaining thereto, at any time before the date of completion whenever it is determined that the CONTRACTOR has failed to comply with the conditions of this contract. GOWBI shall promptly notify the CONTRACTOR in writing of the determinations and the reasons for their termination, together with the effective date. Convenience: GOWBI or CONTRACTOR may terminate contracts in whole, or in part, when both parties agree that the continuation of the contract would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The CONTRACTOR shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. GOWBI shall allow full credit to the CONTRACTOR for the Federal share of the non-cancellable obligations, properly incurred by the CONTRACTOR prior to termination.

C. In the event of termination of this contract, the CONTRACTOR shall be entitled to compensation for any reimbursed expenses reasonably and necessarily incurred in satisfactory performances of the contract. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to GOWBI for damages sustained by GOWBI by virtue of any breach of the Contract, by the exact amount of damages due GOWBI from the CONTRACTOR, is determined.

SECTION 5: TERMS AND CONDITIONS

A. In the event of any modification, termination, or other amendment to the Workforce Development Act, either by the act of Congress or administratively by the President of the United States, GOWBI reserves the right to terminate or otherwise modify this Contract at its option, notwithstanding any other provision of the Contract.

B. At any time during normal business hours and as often as GOWBI, the State of Ohio, USDOL and/or Comptroller General of the United States may deem necessary, there shall be made available to same for examination of all its records with respect to all matters covered by this Contract and will permit same to audit, examine and make excerpts of invoices, materials, payrolls, personnel records, conditions of employment and other data relating to all matters covered by this Contract.

C. The CONTRACTOR agrees to hold harmless GOWBI for ineligible costs and insures that GOWBI shall be relieved of liability and damages sustained by ineligible costs as determined by a fiscal audit. Moreover, the CONTRACTOR agrees to indemnify and hold harmless GOWBI and insure that GOWBI shall be relieved of liability and damages sustained by virtue of any act or failure to act by which the CONTRACTOR shall be responsible.

D. At the direction of GOWBI, the CONTRACTOR shall establish such procedures and reporting requirements as are necessary. The CONTRACTOR shall invoice GOWBI in accordance with GOWBI's current invoice guidelines. It is hereby mutually understood and agreed that the administration and professional implementation of all WIOA programs is the responsibility of GOWBI. As such, the implementation personnel of the CONTRACTOR shall perform the required services of this Contract at the direction and instruction of the USDOL, the State of Ohio, and the WIOA Program Administrator of GOWBI.

E. The CONTRACTOR and GOWBI may, from time to time, require changes to the scope of services to be provided hereunder that are of substantive nature. Such changes, including any increase or decrease in the amount of the CONTRACTOR's compensation, which are mutually agreed upon between GOWBI and the CONTRACTOR, shall be incorporated by written amendment to this Contract.

F. The CONTRACTOR shall not assign any interests in the Contract without prior mutual agreement between the CONTRACTOR and GOWBI and written amendment to this Contract.

G. All trainees are considered employees of the CONTRACTOR as of the date of hire and that they are entitled to all rights and benefits normally provided to employees of the CONTRACTOR.

H. Appropriate Worker's Compensation shall be provided to all trainees by the CONTRACTOR.

I. The CONTRACTOR shall insure appropriate standards for health and safety in work and training situations.

J. The CONTRACTOR assures that no former employee is on layoff in the same or similar position as the position for which this contract is being written and approved.

K. No currently employed worker shall be displaced by any trainee. This includes partial displacement such as reduction in the hours of non-overtime work, wages, or employment benefits.

L. Trainees shall be provided wages, benefits, and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. Compensation must be no less than the highest of Federal or State minimum wage.

M. No funds may be used to assist in relocating the CONTRACTOR's company or parts thereof from one area to another, especially if said relocation results in a loss of employment at the original location.

N. The CONTRACTOR assures compliance with all applicable business licensing, taxation, and insurance requirements.

O. The CONTRACTOR assures that trainees are being trained for jobs that are necessary for current and future operation and the trainees are expected to continue permanent employment upon successful completion of this contract.

P. The CONTRACTOR agrees to adhere to the rules and regulations of the Workforce Development Act, as amended.

Q. No trainee hired under this Contract shall be subjected to discrimination because of race, color, religion, sex, national origin, age, handicap, political affiliation, or solely because they are participating in WIOA under this Contract.

R. The CONTRACTOR will comply with all applicable Federal, State and Local laws, rules, and regulations which deal with or are related to the employment of persons who perform work or are trained under this Contract.

S. Parties agree to prohibit employees from using their positions for a purpose that is, or gives the appearance of, being motivated by a desire for private gain for them, particularly those with whom they have family, business, or other ties.

T. The CONTRACTOR shall agree to attempt to resolve disputes arising from this contract through administrative processes and negotiations in lieu of litigation. The CONTRACTOR ensures performance during disputes.

U. The CONTRACTOR accepts full responsibility for prompt payment of all applicable unemployment compensation contributions or reimbursements, insurance premiums, workers' compensation premiums, all income tax deductions, social security deductions, and any and all other employer taxes and payroll deductions required for all employees.

V. Both parties to this Contract ensure that no funds under this Contract shall be used for lobbying activities.

W. The CONTRACTOR certifies that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

X. Both parties to this Contract ensure that their officers, employees and agents will not solicit or accept gratuities, favors, or anything of monetary value as a result of this Contract. Neither will any trainee be charged a fee for the referral or placement of said trainee under this Contract.

SECTION 6: COLLECTIVE BARGAINING (IF APPLICABLE)

A. The CONTRACTOR shall ensure that no activities, work or training under this Contract are in conflict with the terms and conditions of an existing collective bargaining agreement or contract for services. The CONTRACTOR further ensures that nothing under this Contract shall impair any aspect of an existing collective bargaining agreement, except that no program funded by WIOA which would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the CONTRACTOR and the affected labor organization.

B. No funds received from this Contract shall be used to either promote or oppose unionization.

SECTION 7: WORKFORCE DEVELOPMENT ACT OF 1998

Workforce Development Act of 1998 (WIOA): Sec. 181 (d) Relocation. (1) Prohibition on use of funds to encourage or induce relocation. No funds provided under this title shall be used, or proposed for use, to encourage or induce the relocation of a business or part of a business if such relocation would result in a loss of employment for any employee of such business at the original location and such original location is within the United States. (2) Prohibition on use of funds for customized or skill training and related activities after relocation. No funds provided under this title for an employment and training activity shall be used for customized or skill training, on- the-job training, or company-specific assessments of job applicants or employees, for any business or part of a business that has relocated, until the date that is 120 days after the date on which such business commences operations at the new location, if the relocation of such business or part of a business results in a loss of employment for any employee of such business at the original location and such original location is within the United States.

SECTION 8: EEO/AFFIRMATIVE ACTION

As a condition to the award of financial assistance from the Department of Labor under 29CFR37.20 Title I of WIOA, the CONTRACTOR assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following:

Section 138 of the Workforce Development Act of 1988 (WIOA), 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 I financially assisted program or activity.

Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin:

Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities:

The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age and

Title IX of the Education Amendments of 1972 as amended, which prohibits discrimination on the basis of sex in educational programs.

The CONTRACTOR also assures that it will comply with 20 CFR part 37 and all other regulations implementing the laws listed above. This issuance applies to the CONTRACTOR’s operation of the WIOA Title I financially-assisted program or activity, and to all agreements the CONTRACTOR makes to carry out the WIOA Title I financially assisted program or activity. The CONTRACTOR understands that the United States has the right to seek judicial enforcement of this assurance.

GOWBI has the responsibility to implement the Affirmative Action Plan and to be in compliance with requirements of Federal law.

GOWBI must receive written notification from sub-contractors (as evidenced by your signature on this Pre-Award Survey that they are aware of GOWBI’s Affirmative Action Program and the service goals they are striving to attain in the furtherance of the overall program.

SECTION 9: RETENTION OF RECORDS

The CONTRACTOR shall retain all records pertaining to this program for a period of six (6) years. These records include, but are not limited to, financial, statistical, property, and participant records, and supporting documentation. Records for nonexpendable property shall be retained for whichever period is longer, six (6) or three (3) years after final disposition of the property. The aforementioned records will be retained beyond the six (6) year period if any litigation is begun and audit has not been completed, or if a claim is instituted involving the contractual agreement covered by the records. In these instances, the records will be retained until the litigation, audit, or claim has been resolved. The six (6) year retention period for individual participant records will begin upon the date the participant is terminated from WIOA.

SECTION 10: CONFIDENTIALITY OF INFORMATION

To the extent feasible and permissible by law, the GOWBI and its sub-grantee(s) will honor an applicant’s request that confidential information submitted to GOWBI will remain confidential. GOWBI will treat the information as confidential only if: (1) the information is, in fact, protected confidential information such as trade secrets or privileged or confidential commercial or financial information not defined as public record, (2) the information is specifically identified as confidential by the applicant, and (3) no disclosure of the information is required by law or judicial order. If the application is approved, honoring of confidentiality of identified date shall not limit GOWBI’s right to disclose the details and results of the project to the public.

Management Certification

I hereby certify I have read the foregoing application and the information contained herein is true and accurate to the best of my knowledge. Furthermore, our company and/or organization does not have any outstanding liabilities with the State of Ohio, the county or city where located, or the United States of America, nor are we currently involved in any labor disputes.

I agree that the IWT funding will not supplement or supplant current training efforts and that I have read the GOWBI Contract Agreement (listed above) and concur with all sections.

I also agree, for reporting purposes, to provide the following information for each trainee and certify that an I-9 is on file for each:
- Name
- Social security number
- Date of birth
- Race/Ethnicity
- Gender * (Males born after January 1, 1960 must be registered for Selective Service.)
- Address
- Phone
- Wages prior to training (Post-training wages must reflect a wage of at least $8.00 for trainees making less than that prior to training.)

Once you submit..

You will receive a copy of IWT Contract Agreement via the email you provided (please check your spam/junk mail).

After you hit submit, you will be redirected back to the IWT Section of the Training Assistance webpage. From there, complete the IWT Invoice under Step 4.

Thank you.