CATTARAUGUS-ALLEGANY WORKFORCE DEVELOPMENT BOARD, INC.

PY19 REQUEST FOR PROPOSALS

WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I

YOUTH PROGRAM SERVICES

ISSUE DATE Friday, April 26, 2019DEADLINE FOR SUBMISSION Friday, May 31, 2019 – 12 p.m.

AWARD NOTIFICATION DATE Friday, June 7, 2019

CONTRACT YEAR * July 1, 2019 – June 30, 2020July 1, 2020 – June 30, 2021*July 1, 2021 – June 30, 2022*(*based on parameters in RFP)

CONTACT PERSON Jason E. Miller, Executive DirectorPhone: (716) 806-0060Fax: (716) 806-0062E-Mail: jmiller@cawfny.com

OVERVIEW OF THE LOCAL WORKFORCE DEVELOPMENT BOARD (LWDB)The Cattaraugus-Allegany Workforce Development Board, Inc. (CAWDB) is a policy-making board comprised of 23 representatives from local businesses, labor organizations, educational institutions, public government, community agencies, and other entities interested in workforce development issues. The CAWDB administers federal funds and develops and implements policies regarding the allocation and spending of the area’s funding for services to adults, dislocated workers, and youth.

The mission of the CAWDB, as a partnership of business, education and community leaders, is to provide direction and coordination of programs that strengthen the area’s economy by linking education and training of jobseekers to the needs of employers. The CAWDB recognizes the predominantly rural nature of the two-county area with a relatively small population spread over a large geographic area. Effective service delivery is always a challenge. Economic growth and social development will be directly impacted by the area’s ability to educate, train and retain its emerging workforce.

In an effort to accomplish this mission, the CAWDB has identified the following key components:• Provide opportunities for life-long learning to all workforce members.• Integrate all workforce development resources, services and providers.• Assist employers to meet their current and future workforce needs.• Assist individuals to obtain the necessary skills to access and advance in the workplace.• Assure universal access to quality service

PURPOSE OF REQUEST FOR PROPOSALS (RFP)The CAWDB is soliciting proposals for the provision of employment and training services to Youth. Applicants must be able to provide services at the American Job Centers (AJCs) or under some circumstances addressed later in this document, have access to an alternate physical location in the two-county area where these Youth services can be provided. These services will be funded by the federal Workforce Innovation and Opportunity Act (WIOA) signed into law by President Obama on July 22, 2014. The entire text of WIOA can be accessed at https://www.congress.gov/113/bills/hr803/BILLS-113hr803enr.pdf. The service delivery area will be the counties of Cattaraugus and Allegany, NY.

ANTICIPATED SCHEDULE FOR RFP SUBMISSION, REVIEW, AND AWARD • RFP Released: Friday, April 26, 2019 Deadline for Asking Questions: April 26, 2019 through May 16, 2019• Proposals Due: Friday, May 31, 2019 by 12 p.m.• Evaluation Committee Review: Friday, May 31, 2019 – June 6, 2019• LWDB Meeting and Award Recommendation: Friday, June 7, 2019• Contract Development and Transition Plan: Monday, June 10, 2019 – Friday, June 21, 2019• Contract begins on: Monday, July 1, 2019The CAWDB reserves the right to make changes to the above timeline.

FEDERAL CONSIDERATIONSFederal regulations for WIOA were released by the United States Department of Labor (USDOL) on April

16, 2015. Those regulations can be found at http://www.regulations.gov/#!documentDetail;D=ETA-2015-0001-0001. The CAWDB reserves the right to cancel or modify this request for proposal or the scope of funding of an approved WIOA program to any extent necessary to ensure compliance with state and/or federal guidelines. This may occur at any time prior to/or during implementation of the WIOA programs for Program Year (PY) 2019 (July 1, 2019 – June 30, 2020) or any applicable contract

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extensions. Therefore, all successful proposers must demonstrate the capability and agree, in advance, to modify their program design to comply with the new regulations and/or changes to available funds.

On December 26, 2014, USDOL announced that the Office of Management and Budget (OMB) Circulars had been revised. A-133, A-87, and A-122 were combined into one OMB circular. All WIOA funding is subject to the OMB circular, 2 CFR 200. The successful proposer will need to be familiar with the OMB circular, and should reference Training and Employment Guidance Letter (TEGL) 15-14, “Implementation of the New Uniform Guidance Regulations,” for further information. https://wdr.doleta.gov/directives/corr_doc.cfm?docn=5740

VETERAN PRIORITY OF SERVICE Enacted on November 7, 2002, the Jobs for Veterans Act of 2002 (Public Law 107-288) has the overall objective of "revising and improving employment, training, and placement services furnished to veterans." One provision of the Act requires workforce development programs funded in whole or in part by USDOL to provide priority of service to veterans and, under certain circumstances, spouses of veterans. WIOA and Wagner-Peyser Act of 1933 which established Employment Services offices (among other program partners) are subject to this law.

FUNDINGIt is anticipated that approximately $471,732 in Youth Program funds will be available for services for each Program Year (July 1 - June 30). Total available funding under this RFP with 2 possible contract extensions totals $1,415,200. These amounts are subject to final WIOA allocations each year.

Of the $471,730 available for July 1, 2019 through June 30, 2020, $288,440 will be the maximum available for services in Cattaraugus County, and $183,292 will be the maximum available for Allegany County. Of those amounts at least 80% must be targeted for services to Out-of-School Youth (OSY) in order to hit a 75% expenditure requirement set by Federal Guidelines. Up to 20% of the remaining funds may be used to serve In-School Youth (ISY). In addition, 20% of the areas total Youth allocation must also be expended on Work Experience (W/E) for youth, which is element # 4 (see page 9 “Fourteen (14) Program Elements”). Applicants can see TEGL #21-16 page 15 for allowable costs that can be included in the 20% along with wages and fringe for youth participants. Applicants may apply to provide services in both Cattaraugus and Allegany counties.

Allegany Cattaraugus TOTALAvailable for Framework & Elements $183,292 $288,440 $471,73220% ISY (maximum) $36,658 $57,688 $94,34680% OSY (minimum) $146,634 $230,752 $377,38620% W/E (minimum - can be from both OSY & ISY spending)

$40,568 $66,614 $107,182

All awards are contingent upon availability of funds. In addition, awards may be contingent upon demonstrated administrative capacity which may be determined by site visits and staff interviews. No costs will be paid to cover the expense of preparing a proposal or procuring a contract for services or supplies under WIOA.

The available funding is solely an estimate for the purpose of offering guidance to proposers based on projected WIOA allocations. Final contracts will be based on actual funding, which, to date, has not yet

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been determined and other factors at the discretion of the CAWDB. The proposal(s) most advantageous to the CAWDB in terms of quality and cost will be recommended for funding.

This RFP does not commit the Cattaraugus-Allegany Workforce Development Board (CAWDB) to award a contract. The CAWDB reserves the right to accept or reject any or all proposals, in whole or in part, for just cause. The CAWDB reserves the right to waive informalities and minor irregularities in proposals received.

TERMInitial funding will be for the period of July 1, 2019 – June 30, 2020. This contract may be extended for two additional years under the terms of this RFP provided that the contractor meets the expenditure and performance goals set out in the previous year’s contract.

ELIGIBLE APPLICANTSProposals will be accepted from any private for-profit agency, private, non-profit organization, government agency, or educational institution that can demonstrate capacity to successfully provide the services identified in this RFP.

Efforts will be made for small businesses, minority-owned firms, and women’s business enterprises to be utilized to the fullest extent possible. Small businesses, minority-owned firms and women’s business enterprises should consider collaborating with larger agencies or consortiums of small businesses when a contract for bid is too large for one of these firms to handle individually.

PUBLIC RECORDSProposers are advised that documents, with the exception of personnel files, in the possession of the CAWDB are considered public records and subject to disclosure under the federal and state public record laws.

CAWDB WEBSITE INFORMATIONThe CAWDB website www.cawfny.com will be used as the primary source of communication between the CAWDB and proposers. Interested parties can download the full RFP and forms from the website. A Frequently Asked Questions (FAQ) document will be posted on the website and updated at least weekly. It is the proposer’s responsibility to check the website frequently for pertinent information.

FREQUENTLY ASKED QUESTIONSThere will not be a “bidder’s” conference scheduled with the release of this RFP. Questions and answers will be posted on the www.cawfny.com website. Proposers may submit questions in writing to Jason Miller at jmiller@cawfny.com. The deadline for submitting questions is April 26, 2019 through May 16, 2019 and final answers will be posted May 20 , 2019 No questions will be answered over the phone, in person or directly to any inquiring parties in any form.

Workforce Innovation and Opportunity Act (WIOA) Goals Proposers should be cognizant of WIOA changes, and align their RFP proposals toward implementation of WIOA. Proposers must agree to flexibility and change as we make the transition to WIOA. Programs will need to adapt to new policies in response to legislation and regulations. To avoid possible confusion

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over language, the former One-Stop employment and training system is now being referred to at the national level as the American Job Centers (AJC).

Several federal documents are directing the employment and training system. They include: USDOL Training and Employment Guidance Letter #21-16 Youth Formula Program Guidance

https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7159 USDOL Training and Employment Guidance Letter #10-16 Change 1 Performance Guidance

https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3255 Training and Employment Guidance Letter #07-18 Data Element Validation

https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=4255

WIOA Guiding PrinciplesThe Workforce Innovation and Opportunity Act (WIOA) is based on several guiding principles to be adopted by state and local workforce development systems:

1. Increase access to education, training, and employment – particularly for people with barriers to employment.

2. Create a comprehensive, high-quality workforce development system by aligning workforce investment, education, and economic development.

3. Improve the quality and labor market relevance of workforce investment, education and economic development efforts.

4. Promote improvement in the structure of and delivery of services.5. Increase the prosperity of workers and employers.6. Improve the quality of the workforce, reduce welfare dependency, increase economic self-

sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the nation.

SERVICE POPULATIONThe CAWDB intends to serve WIOA eligible youth that can be served within the two-county area with funds from this RFP. Proposals that have a strong focus on serving out-of-school youth, ages 16-24 will be given priority. It is recognized by the CAWDB that WIOA eligible youth often have multiple barriers and needs that must be addressed in order for that youth to succeed in the workforce. It is also recognized that the area is predominantly rural in nature and as such, it creates particularly challenging logistical issues for programs operating in the area. A program funded under this RFP must be aware of and responsive to these particular issues, and tailor programs to fit the needs of the local youth population.

In School Youth (ISY) and Out of School Youth (OSY)WIOA defines two distinct youth populations that may receive services; ISY and OSY youth. At least 80% of funds awarded under this RFP should be devoted to service for the OSY populations.

OUT-OF-SCHOOL YOUTH— means an individual who at the time of enrollment is— (i) not attending any school (as defined under State law); (ii) not younger than age 16 or older than age 24 at the time of enrollment; and (iii) one or more of the following:

(I) A school dropout.

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(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 is a low-income individual and is—

(aa) basic skills deficient; or (bb) an English language learner.

(IV) An individual subject to the juvenile or adult justice system (V) A homeless individual or a homeless child or youth aged 16 to 24, or a runaway (VI) An individual in foster care or has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption, 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. (VII) An individual who is pregnant or parenting. (VIII) A youth who is an individual with a disability. (IX) A low-income individual who requires “additional assistance” to enter or complete an educational program or to secure or hold employment.

IN-SCHOOL YOUTH — Means an individual who at the time of enrollment is— (i) attending school (as defined by State law), including secondary and postsecondary; (ii) not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21 at the time of enrollment; (iii) a low-income individual; and (iv) one or more of the following:

(I) Basic skills deficient. (II) An English language learner.(III) An offender. (IV) A homeless individual or a homeless child or youth aged 14 to 21, or a runaway. (V) An individual in foster care or has aged out of the foster care system or who has attained 16 years of age and left foster care for kinship guardianship or adoption, 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.

“Additional assistance” is defined locally as meeting one or more the following –

Has past or present substance abuse problem. Is part of a family that receives Temporary Assistance (TANF/Safety Net Assistance, and all

other non-cash assistance, i.e., Medicaid, Food Stamps, HEAP, etc.). Has below grade level school performance either academically or socially. Has a poor work history; for those 18 or older, has not maintained unsubsidized employment

with the same employer for 6 months or more. Has no unsubsidized work history (14-17 year olds). Is living in public housing or receives a rent subsidy. Is in an alternative education program. Has inadequate time for study due to family needs.

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Is adjudged abused. Lacks family support.Does not have access to reliable transportation.

SPECIAL RULE —For the purpose of this subsection, the term ‘‘low income” includes a youth living in a high-poverty area or is eligible for free or reduced lunch.

Income ExceptionUp to 5% of youth served may be above the income guidelines if they meet one or more of the following criteria: See the following link for an accurate definition of those criteria:https://www.labor.ny.gov/youth/PDFs/wioa-youth-eligibility.pdf

PROGRAM DESIGNWIOA youth services are intended to equip participants with the resources necessary to achieve educational and employment success. The successful provider will ensure that there is a comprehensive year-round system to serve youth within the area. This system requires establishing linkages with other organizations serving youth in the local area and to coordinate with those youth services. A major strategy of this system is to design comprehensive programs based on principles such as preparation for post-secondary opportunities, linkages between academic and occupational learning, and connections to the local job market. Proposals should clearly describe the manner in which services will be delivered that addresses the categories and elements detailed in this section.

1. An Overall Approach that Exhibits:a. An emphasis on academic and occupational achievement while attempting to address

and resolve issues that are particularly relevant to youth, such as substance abuse, lack of adult guidance/mentoring, low self-esteem, pregnancy prevention, leadership development, community involvement, and life/career planning.

b. An outreach and recruitment approach that will target older, out of school youth; with effective means to identify, enroll and engage such youth.

c. An understanding of how to design strategies and deliver services that benefit youth and correlate to successful performance outcomes and results.

d. An innovative approach to identifying and linking with the full array of youth services within the area, with a plan as to how promising and effective initiatives of other youth service providers and community-based organizations, non-profit organizations, businesses, business organizations and educational entities can be connected to and leveraged with the WIOA youth program.

2. Long-Term Commitment to the Development of Youth. An age continuum of services (that generally plans for a 14-15 year old youth to remain connected to the system through adolescence with the understanding that the relationship of the youth to the system will change as they age) is available through this system. However, flexibility is required as the needs of an individual youth could call for a change that deviates from the Individual Service Strategy (ISS).

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3. Experiential Learning for In-School Youth. Build upon linkages with schools to extend and enhance learning opportunities as part of a year-round effort to improve student achievement through work experience and occupational learning.

4. Effective Out-of-School Youth Programs. The CAWDB places an emphasis on a year-round program that substantially engages OSY. A strategy used is to increase the participation of OSY in the work experience components. This allows them to earn needed income, acquire work experience and position themselves to receive advanced training. Conducting the intake, assessment and completing the ISS at the AJC has the added advantage of exposing youth to other resources that may be available to them. Coordination with area service agencies such as Employment Services, Housing Authorities and/or the juvenile justice system provides other avenues for OSY to enter the system.

REQUIRED ACTIVITIESProposing organizations must incorporate the following activities in their program design.

1. Recruitment- Contractors are responsible for the recruitment of applicants. The intent is to use WIOA funds to serve youth who would benefit from year-round service and otherwise have limited access to comprehensive services. For Recruitment of participants partnerships with district social services, homeless shelter, foster care agencies, police and probation will be necessary. In addition consistent and quality use of social media will be required.

2. Case Management- Effective case management is essential to providing a customized menu of programs and services for each youth. Service continuity, referral and integration are either initiated or implemented in the case management process.

3. Intake/Eligibility Determination- Under WIOA legislation, all youth must meet eligibility guidelines as identified in this RFP. Certification of eligibility for all WIOA funded programs must be completed prior to enrollment.

4. Orientation-All participants must receive information on the full services available through the Cattaraugus-Allegany Workforce Development Board, Inc. youth program system.

5. Objective Assessment- Each participant must be provided with a comprehensive objective

assessment.

6. Individual Service Strategy-An approved form, a written plan of long and short-term goals addressing educational, occupational or vocational, strengths, and personal support service needs. The ISS must be age-appropriate, developed with each participant and linked to targeted performance outcomes for each youth. The ISS must be regularly reviewed and updated as changes occur in employment goals, barriers, program services or support service needs.

7. Information and Referrals- Programs are encouraged to link and share information with other

youth-serving organizations provided the appropriate releases of information have been signed. If there are youth requesting services that cannot be certified as eligible under WIOA guidelines, the contractor will be expected to make efforts to help the youth secure other appropriate services.

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8. Collaboration- Contractors will be expected to engage in partnerships to provide resources and services to youth. The provider will be expected to work closely with the other services providers to support the needs of the youth.

9. Academic Remediation Services - In order to assist participating out of school youth and out of

school youth in both academic and occupational success, services must have a strong emphasis on achieving measurable skill gains toward such credential or employment (not yet specifically defined). All programs must provide academic remediation services, where appropriate, to assist in skills gains and have the capability to utilize instruments that identify skill gain. This may be done in-house or through partnerships with educational service providers.

10. Employer Connections- Connections to employers are essential in the creation of a system of

providers that can effectively assist youth to become highly skilled and employable. These connections should lead to Work Experience placements as well as unsubsidized employment. Bidders are also encouraged to leverage employer support in terms of leveraged funds for training or wages, staff or operational needs related to training.

11. Services to carryover youth – Youth who are in follow-up or in program from the PY2018 should be provided necessary services.

PROGRAM ELEMENTS The WIOA Legislation requires that the Program portion of youth services consist of the following Fourteen Elements that must be available within the system/program to all enrolled youth. It will be the CAWDB’s responsibility to ensure that linkages are in place to provide a coordinated case management system to refer youth to all the services below whether or not they are WIOA-funded. The CAWDB will ensure that the non-funded WIOA elements will be available within the system to youth through referrals to other agencies that provide these services without WIOA funding. It is the intent of WIOA to avoid duplication where other funding can provide the service. If a provider does not directly provide the services listed, CAWDB obtain a written agreement between the CAWDB and each partner agency. This written agreement must be in the form of a Memorandum of Agreement (MOA) and specify roles and responsibilities for access/delivery of each youth program service element to be provided and will be in place by July 1, 2019. Through Resource Mapping CAWDB has identified that in Allegany County elements 1, 2, 5, 7, 9, 11, 12, 13 and 14 are already available without WIOA funding. Also through Resource Mapping CAWDB had identified in Cattaraugus County elements 1,2,3,5,6,9,11,12 and 13 are already available without WIOA funding.

This RFP would look to fund the provision of elements 3,4,6,8 and 10 in Allegany County and elements 4, 7, 8, 10 and 14 in Cattaraugus County.

If a Program Element is not available in the local area without the support of WIOA funding, the Provider may use a portion of their funds to sub-contract for these services/elements upon written consent of the CAWDB.

Fourteen (14) Program ElementsBased on the results of the assessment, a determination will be made as to which of the WIOA defined fourteen (14) program elements will be offered to each participant from those listed below. See TEGL #21-16 for further detail on each element. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7159

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1. Tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential;

2. Alternative secondary school services, or dropout recovery services, as appropriate;3. Activities that help youth prepare for a transition to postsecondary education and training.4. Paid and unpaid work experiences that have as a component academic and occupational

education, which may include-1) Employment/Internships, Not Limited to Summer (Youth), 2) Job Shadowing (Youth), 3) On-the-Job Training (Youth), 4) Pre-Apprenticeship Programs (Youth), 5) Summer Employment/Internships, Summer Only (Youth), 6)Other Work Experience Type (Youth)

5. Occupational skill training, which may include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved

6. Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster.

7. Services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services;

8. Supportive services;9. Adult mentoring for the period of participation and subsequent period, for a total of not less

than 12 months;10. Follow-up services for not less than 12 months after the completion of participation, as

appropriate;11. Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling

and referral, as appropriate;12. Leadership development opportunities, which may include community service and peer

centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate;

13. Financial literacy education.14. Entrepreneurial skills training

PROPOSED REPORTING REQUIREMENTSProgram and Performance Outcome Reports – Outcomes must be submitted quarterly. These reports list the negotiated goals, outcomes, and performance standards agreed to by the program and the CAWDB as part of the contract for services. Reports will include Active WIOA youth, newly enrolled WIOA youth, Names, OSOS NY ID numbers, enrollment dates, exit dates, services provided. Reports are required to be at the CAWDB Office no later than 4:00 pm on the 15 th of the month following the end of the quarter. If the 15th of the month should happen to fall on a Saturday, then the reports are due the preceding Friday. If the 15th of the month happens to fall on a Sunday, then the reports are due the following Monday. Failure to meet these reporting guidelines may be considered breach of contract and may be cause for contract termination.

Financial Reports – Providers will be required to submit a monthly voucher to the CAWDB. This voucher will include the actual expenses incurred by the Provider during the prior month as well as the accrued expenditures as of the last day of the month. This voucher is required to be at the CAWDB Office no

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later than 4:00 pm on the 15th of each month for the prior month’s activities. If the 15th of the month should happen to fall on a Saturday, then the voucher is due the preceding Friday. If the 15 th of the month happens to fall on a Sunday, then the invoice is due the following Monday. Failure to meet these reporting guidelines may be considered breach of contract and may be cause for contract termination. The CAWDB operates on a voucher reimbursement basis and no costs can be pre-paid. Closeout of the grant will be required within 60 days of the end of the contract period.

Linkages with Payment Schedule – Payment will not be made for any voucher until all required reports (activity, outcome, and financial) are received, as well as the most recent audit reports of all Providers as requested by the CAWDB.

Mandatory Training – Successful applicants will be provided training on the program, performance, and fiscal reporting requirements. The training times and location will be announced after the Providers have been identified.

Monitoring - Program and Fiscal Monitoring Policies and Procedures will be issued to providers at the point at which contracts are executed. This document can be accessed on the WDB’s website at www.cawfny.com under “WIB > Policies & Procedures”.

Programmatic and financial oversight activities will include site visits, desk reviews and analyses of program and fiscal activities, administrative activities, records and reports. The CAWDB’s goal in conducting these reviews is to assist the Providers in improving their programmatic and administrative operations while ensuring compliance with WIOA rules and regulations.

The CAWDB will review the monthly fiscal reports and the quarterly outcome reports submitted by the Provider to identify any potential performance problems during the life of the contract. Additionally, on-site reviews will be arranged by the CAWDB Office and carried out a minimum of once per year at each provider site. On-site review may include customer feedback activities, such as direct customer contact, individually or in focus groups. On-site reviews will be pre-arranged with the Provider. The purpose of on-site reviews will be to determine the quality of the services provided through observation and case record review, and contractor compliance with WIOA fiscal rules and regulations.

PERFORMANCE MEASURES All WIOA funding is, in part, based on achieving Department of Labor’s performance measures regarding employment and training. The proposer should take into account that for PY19 the successful proposer will be subject to the WIOA common measures through June 30, 2020. Those measures are as follows: For further detail on Performance Measures see the link for TEGL #10-16 Change 1: https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3255

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Employment Rate 2nd Quarter after Exit 74.3%– the percentage of program participants in education or training activities, or in unsubsidized employment during the second quarter after exit.

Employment 4th Quarter after Exit 61.1%- the percentage of program participants in education or training activities, or in unsubsidized employment during the fourth quarter after exit.

Credential Attainment 4th Quarter after Exit 63.5% –the percentage of participants enrolled in education or training programs (excluding those in on-the-job training (OJT) or customized training) who attained an industry recognized postsecondary credential, or certificate of completion of an apprenticeship or certificate approved by the New York State Education Department (NYSED) or another State agency, or a secondary school diploma. 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 postsecondary credential approved by NYSED or another State agency within one year after exit from the program;

Measureable Skills Gain N/A- the percentage of 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 documented academic, technical, occupational or other forms of progress toward such a credential or employment

Median Earnings 4th Quarter After Exit N/A- The statistical median earnings of program participants who are in unsubsidized employment during the 2nd Quarter after exit from the program.

The proposer will also need to take into account that WIOA performance measures (set to take effect on July 1, 2019) will be based on data regarding those exited from the WIOA program for the previous program year (beginning July 1, 2018), unless otherwise waived by USDOL. The successful proposer will be responsible for the follow-up and performance measures data for WIOA measures and should be prepared to track the data for both sets of measures. The WIOA performance measures that will be in effect starting July 1, 2019 are:

In education or training activities or unsubsidized employment during the second quarter after exit.

In education or training activities or unsubsidized employment during the fourth quarter after exit.

Median earnings in unsubsidized employment during second quarter after exit.

Attainment of a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent during participation or within one year after exit.

During a program year, youth are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment.

Indicators of effectiveness in serving employers.

Please Note: These indicators are subject to further clarification and/or change.

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The successful proposer will be responsible for meeting all performance measures as defined by USDOL. In the event that the State and/or the CAWDB sets additional goals to indicate the success of the system or centers, the successful proposer will also be required to meet those goals and/or measures as well. The successful proposer will be responsible for all performance data regardless of provider.

Application SubmissionTo be considered for an award, proposals must be received no later than 12:00 p.m. on Friday, May 31, 2019. The original and five (5) copies along with a copy in Microsoft Word on USB flash drive must be mailed or hand delivered to:

Cattaraugus-Allegany Workforce Investment Board, Inc.One Blue Bird Square, Lower Level

Olean, New York 14760.Attention: Jason Miller

Acknowledgment of proposal receipt will be mailed or given to the proposing agency, indicating time and date received. Proposals received after the closing date will not be considered. Applicants assume responsibility for proposal submission and adherence to deadlines. Faxed or emailed proposals will not be accepted. A postmark of May 31, 2019 will not be accepted if the proposal does not arrive by the deadline.

Proposals must adhere to instructions outlined in this RFP package; all required application forms must be submitted with the application. Applications must be typewritten on 8 ½” x 11” paper, one-sided, double-spaced, using twelve (12)-point Times New Roman font, with page numbers. The information should be supplied in the order specified. Do not use hard covers or binders; removable clips are acceptable. Do not include extraneous materials such as promotional brochures, slides, tapes, etc.

Proposer must use the attached forms, facsimiles thereof, or request electronic forms from the CAWDBOffice.

APPLICATION REVIEW PROCESSPhase I: CAWDB will initially evaluate each proposal received for acceptability, with emphasis placed on completeness and responsiveness to requisite program criteria. The following minimum criteria will be used to determine which proposals will continue on to Phase II:

• All required services for the program for which they are proposing are addressed ;

• All requested information and documentation is included in the application package; and

• The proposal is submitted in accordance with the RFP.

Phase II: Proposals that meet the minimum criteria, as stated above, will then be reviewed and ranked by a Review Committee. Part of the review process may include reference checks from other areas. The Review Committee may include CAWDB staff and members, as well as community members. No one submitting a proposal or planning to submit a proposal will be allowed on the review committee. Proposals will be ranked based on evaluation criteria outlined in the next section. These rankings will be used as a guide for discussion and determination of recommendations.

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Note: CAWDB retains the right to request additional information from any proposer, request oral presentations from proposers, or conduct site visits from any proposer before a contract award. If no response adequately addressed the services and outcomes requested, the Review Committee may recommend that no award be made.

Phase III: The recommendations of the Review Committee, if any, will be presented to the full CAWDB for award of contract. Contracts will then be negotiated, developed and signed by the CAWDB.

APPLICATION FORMATInclude all of the required forms, narrative answers and attachments that pertain to your proposal. Failure to do so will disqualify your proposal from competition.

Proposals are limited to a total of 45 narrative pages.

Responses must follow the outline and use the forms provided in the Proposal Response Package. Attachments and additional forms will not be accepted.

Please use 12-point Times New Roman type, one (1)-inch margins, double spacing, and page numbers.

Staple your proposal but do not bind it in any other way, or use dividers with tabs.

Letters of recommendation will not be accepted.

All proposals are to be submitted in accordance with the terms, conditions and procedures stated in the RFP.

GENERAL PREPARATION INSTRUCTIONS1. Proposal Cover Page (Form) - The cover page is to be completed by the proposing organization. The proposal cover page must be completed, in full, and signed by an agency officer authorized to bind the agency to all commitments made in the proposal. Only one cover page is needed per proposal. This form does not count toward the 45 page maximum.

2. Proposal Summary – Narrative (Maximum two (2) pages). Please provide an executive summary of your proposal.

3. Service Delivery Plan/Innovation to Implement Change – Narrative (Maximum 14 pages)

4. Organizational Capacity and Capability – Narrative (Maximum 10 pages)

5. Relationships and Collaboration – Narrative (Maximum 10 pages)

6. Program Cost and Performance - Forms & Narrative (Limited to three (3) pages for budget narrative and three (3) pages for performance narrative). If you are a for-profit agency, please include profit amounts in a separate line item.

7. Transition Plan – Narrative (Maximum three (3) pages)

8. Supporting Documents – These do not count toward the 45 page maximum.

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Performance Reports - Enclose one copy of the last two years’ performance and monitoring reports from your primary and/or most relevant funding sources.

Audit Reports - Enclose one copy of your most recent years’ fiscal year-end Audit and Management letters received before proposal deadline. Indicate if no Management Letter was received.

Federal Awards Certification – Ensure that the federal certification form is signed by the Chief Administrative Official of your agency.

Program NarrativeThe narrative section of the proposal should not exceed 45 pages including the Proposal Summary. The instructions for each section are provided below. The questions are not all-inclusive, but rather provide some direction during the preparation of the response to the RFP.

1) Service Delivery Plan/Innovation to Implement Change (45 Points)

Detail the target population that you propose to serve, whether ISY and/or OSY both and the recruitment strategy you plan to use.

Describe how your design framework will provide intake, eligibility, assessment, development of the ISS and follow-up services.

Describe your service delivery model, including innovative methods of managing and implementing the changes required by federal legislation and state policy.

Describe in detail your service delivery model and the specific services you plan to provide including the requirement to spend at least 20% on Work Experience.

Describe how your service delivery strategy includes the required WIOA program elements.

Detail elements already in place and give examples of how your agency will move toward full implementation, including experience in implementing and responding with flexibility to changing policies.

Describe how your program improves, enhances and builds upon efforts toward system integration.

Describe in detail the method of case management you propose to use in this program.

Describe your plans to coordinate with other local organizations/service agencies to co-enroll, increase performance, maximize the use of available funds, and to avoid duplication and enhance the delivery of services.

Describe in detail your knowledge, experience and expertise in working within the business community as it pertains to development of work experiences for youth.

2) Organizational Capacity and Capability (30 Points)

• Provide information about your organization including vision, mission, customer base, staffing, and service expertise. Highlight your organization’s longevity and how this proposal will connect to your mission and organizational goals.

• Explain your organization’s administrative and management background. Detail your organization’s stability for the last two years at a minimum and the sources and usage of other

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funding your agency accesses. Include a list of board members (if applicable) and describe their participation and length of service.

• Describe how your organization is a partner within a system that delivers services to youth, especially hard to serve/disconnected youth. Describe key staff qualifications and length of service.

• Describe your experience in administration and contract management. Indicate how your record of performance relates to this proposal.

• Have you worked within a WIA/WIOA delivery system before? Where, how long and providing what services(s)?

• What experience does your agency have working with low income, troubled, disadvantaged or special populations such as youth, youth with disabilities or youth that are also veterans? What types of services do/have you provided to them? What was your success rate in delivering those services?

• What is your experience developing and working within a performance based system? Have you designed outcome based programming before? To what extent is your agency willing and able to design specific, demonstrable programmatic and individual goals and outcomes?

3) Relationships and Collaboration (30 Points) • Describe evidence of your agency’s development of credible and realistic partnerships with any

other partners, community colleges, training providers, community organizations, economic development agencies, and other service providers to leverage funds and integrate services and staff functions as well as relationships with the Career Centers in the area and other WIOA Partners

• Detail any Memoranda of Understanding (MOUs) or Memoranda of Agreement (MOAs) with any organizations that may be providing any of the 14 required elements.

• Describe any relationships developed with community organizations that serve the target populations.

• Describe your agency’s capacity to collaborate as a partner in the system to achieve system integration.

4) Program Cost and Performance (30 Points)

• This category will evaluate the cost and performance numbers of the proposed program and the degree to which expenditure of funds relates to performance outcomes. Proposers should demonstrate how WIOA funding will be integrated with other financial and non-financial resources to achieve the maximum benefit to customers. Budgets and performance numbers will be reviewed for accuracy and completeness. Additionally, all proposals will be reviewed for costs and performance numbers that are reasonable, justified and competitive as measured by the review of the line item budget, the program design and comparison to all other proposals. Note: The budget that is proposed will not necessarily be the amount funded. Reductions will be made for disallowed costs, or for across the board cuts to all awardees.

• Have you correctly completed the Performance Outcomes form for submission with this application?

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• Does your agency have experience establishing and meeting these types of goals and outcomes? What is the historical percentage of success for these goals?

• Have you correctly completed the budget forms for submission with this application? Have all costs and resources needed been identified and itemized in the budget? Does the budget include a minimum of 80% of total funding available for OSY and a minimum of 20% of total funding available for work experience from both OSY and ISY?

• Identify and outline any items that appear in the budget, but have not been previously discussed in the program narrative. Why are these costs not included in the narrative? Why are they important if not directly used in the program implementation?

• Have all avenues for cost containment been explored and analyzed? What are the results of this analysis? Are your proposed services available without WOIA funds?

5) Transition Plan (15 Points)

This category will assess the ability to make a smooth and seamless transition from the current WIOA Title I contractor that will minimize any disruption to the system, as well as to youth participants. The transition plan should include timeliness and cost-effective transition activities.

CONTRACT TERMS AND SPECIFICATIONS

1. Fiscal Reporting and Requirements

1.1 For efficient budgeting purposes, budget amendments will not be required for line item differences of less than ten percent (10%) per expense line item per funding stream from approved line item budget categories.

1.2 Should an increase in funds or other special program funding become available during the term of the contract, the CAWDB may choose to increase the amounts available under this contract.

1.3 To be eligible for payment, the Contractor shall remit monthly invoices to the CAWDB detailing actual Contract expenses by line item category, by fund in a format as provided by the CAWDB. Invoices are due before 4:00 pm on the 15th of the month for the preceding month (example: July 2019 expenditures are due no later than August 15, 2019.) If the 15 th falls on a Saturday, then they are due on the preceding Friday; If the 15 th falls on a Sunday, they are due the following Monday. All invoices will be submitted in a format prescribed by the CAWDB. The CAWDB shall endeavor to remit payment to the Contractor no later than fifteen (15) business days from receipt of invoice.

1.4 Invoices must be complete with expenses, accruals and stand-in costs (as applicable) reported and must include the original signature of the responsible party. Faxed and digital signatures are also acceptable.

1.5 Upon receipt of an invoice, the CAWDB will conduct a desk review comparing expenses to budget. In instances where the invoice cannot be paid as submitted due to budget overages, a Contract Voucher Status will be remitted to the Contractor. If expenses are over-budget, payment will be denied for that budget line or payment will only be remitted up to the budget amount allowable. Payments that are denied will not be remitted until a budget modification is processed. A maximum of three (3) budget modifications are allowed for the contract year.

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1.6 The Contractor shall cause to be conducted an annual financial audit that shall provide an opinion by the Certified Public Accountant conducting the audit. The Contractor shall provide a copy of the latest audit report to the CAWDB within 30 days of its completion, but no later than 9 months after the end of the Contractor’s fiscal year (Chapter II-12 page 2 of USDOL’s One Stop Comprehensive Financial Management Technical Assistance Guide (TAG)).

1.7 The CAWDB shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the Contract up to the amount available under this Contract for each program fund. In no event shall the CAWDB be liable for expenses and obligations arising from the program(s) in this Contract after the termination date or in excess of the budgeted amount available.

2. Contract Administration

This Contract shall be administered by the CAWDB. The Contract Administrator for the CAWDB shall be the Executive Director of the CAWDB.

3. Default of Contract; Revocation, Termination or Cancellation of Contract

3.1 Whenever any act, event or omission by the Contractor occurs that represents a violation of this Contract of such a nature that the interest of the customers and users of the AJC are negatively affected, then such event, act or omission may be considered a breach of this Contract. Under such circumstances, the CAWDB shall notify the Contractor of the specific breach in writing, and direct the Contractor to comply with all provisions of this Contract. A letter addressed and sent by certified, return receipt United States mail to the Contractor at its business address, shall be sufficient notice whenever required for this purpose.

3.2 For illustrative purposes only, the events, acts and omissions referenced in the above paragraph include, but are not limited to:

3.2.1 Failure to operate the AJC in accordance with established terms and conditions of this Contract;

3.2.2 Failure to cure any irregularity or non-compliance noted by Contract Administrator as a result of Contract monitoring, oversight and/or performance review;

3.2.3 Failure to comply, in whole or in part, with any State, Federal or local law, rule or regulation; or

3.2.4 Other failure to abide by the material terms and conditions of this Contract.

3.3 The Contractor shall have sixty (60) calendar days after receipt of notice to correct any violation of a material provision of this Contract. Within fifteen (15) business days of receipt of notice, the Contractor will respond to the CAWDB with a written action plan outlining the cause of the breach, the steps to rectify the problem, and a timeline to complete the corrective action, not to exceed the sixty (60) day cure period. By the 60 th day after notice, the CAWDB will confirm, in writing, if the breach was successfully remedied. If the Contractor has failed to cure the breach, the CAWDB, at its discretion and by majority vote of its membership, may terminate this Contract. No termination shall relieve the Contractor from the responsibility at law or in equity for such material breach.

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3.4 Notwithstanding any provision of this Contract, in the event the Contractor shall wholly fail to provide required AJC Services, the CAWDB, at its discretion and by majority vote of its membership, may terminate this Contract immediately upon written notice to Contractor. No such termination shall relieve Contractor from the responsibility at law or in equity for such failure.

4. Transitional Matters and Continuing Collaboration

4.1 The Contractor acknowledges that its certification as the AJC Operator by the CAWDB and the State of New York is required. Contractor shall undertake all such steps as may be required to obtain and maintain such certification, provided the CAWDB and Contractor will be responsible to the New York State Department of Labor for any failures not directly caused by the local Department of Labor office.

4.2 The Contractor also acknowledges that the success of the workforce system shall require continuing cooperation and collaboration between the parties in the administration of the AJC.

4.3 Contractor shall be responsible for and shall arrange all necessary training to provide services that are stipulated by this Contract with input and direction from the CAWDB.

5. Continuous Quality Improvement

The Contractor is subject to continuous quality improvement activities consistent with applicable law and this Contract. In conjunction with such activities, the Contractor shall monitor the required performance and customer satisfaction indicators that New York State is required to address pursuant to the Common Performance Measures for WIOA Title I and any subsequent updates, additions, revisions, and any additional performance indicators required by the Governor of the State of New York or by the CAWDB.

6. Indemnification

The Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Agreement. The Contractor shall indemnify and hold harmless the CAWDB and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this Agreement.

7. Relief From This Contract

7.1 The Contractor may file a written petition with the CAWDB at any time seeking relief from one or more provisions of this Contract, and must satisfactorily demonstrate that one of the following facts exists:

7.1.1 The provision and/or requirement is expressly prohibited by Federal, State or County Law or is inconsistent with related regulations or rules, as amended.

7.1.2 The provision and/or requirement is inconsistent with effective operation of the AJC under the circumstances.

7.1.3 There are changed circumstances that render Contract compliance impracticable.

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7.2 Relief from such provision, if granted, shall be at the sole discretion of the CAWDB by majority vote of its membership.

8. Furnishing of Reports

8.1 If at any time the chief elected officials, the CAWDB and/or any State or Federal agency requires or requests the submission of reasonable reports, data or other information by the Contractor, the Contractor shall submit those reports, data or other information. If such reports, data or other information do not readily exist, the Contractor, together with the Executive Director of the CAWDB, shall endeavor to compile or complete reports or data in the timeline allowed. The Contractor and the Executive Director of the CAWDB shall notify the requestor at once if it cannot meet the established timeline and effort will be made to adjust the timeline and content if feasible. The local New York State Department of Labor office will cooperate with the CAWDB in providing information and reports necessary to carry out its statutory or regulatory obligations, provided however, that the local Department of Labor office retains the right to provide any requests directly to the Federal or State agencies.

8.2 The CAWDB shall provide a reporting schedule to the Contractor as well as provide any future updates.

9. Customer Service Hours; Capability of Customer Service; Customer Satisfaction; Confidentiality

9.1 The Contractor shall maintain and operate a physical office to provide WIOA youth services as stipulated herein at such location or locations as agreed to by the parties, which office(s) shall be open five (5) days per week at least seven and one-half (7 1/2) hours per day exclusive of major holidays. The Contractor will assess the customer need for expanded business hours and take steps to respond to assessed need.

9.2 Each office shall have an adequate number of skilled, knowledgeable customer service representatives to effectively handle customer service requirements.

9.3 The Contractor shall maintain one local telephone number and sufficient lines to accommodate normal customer inquiries. During hours that the customer service office is closed, an answering device or answering service shall be available.

9.4 The Contractor shall establish mutually acceptable procedures to seek and collect suggestions, complaints, feedback and evaluations from all customers and customer groups, which shall be complied and analyzed by the Contractor and provided to the CAWDB, for the purpose of improving youth services.

9.5 The Contractor together with the CAWDB shall establish and implement a Customer Confidentiality Policy that complies with Federal, State and County Law and shall be approved by the CAWDB. The Contractor shall apprise each customer of this policy and make it publicly available.

10. Requirements for Customers with Disabilities

The Contractor shall comply with Federal, State and County Law in the provision of equal access of services to customers with disabilities.

11. Preferential or Discriminatory Practices Prohibited

11.1 The Contractor shall not give or grant any undue preference or advantage to any person or subject any person to prejudicial disadvantage on the basis of age, race, color, national

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origin, disability, political affiliation or belief, or citizenship.

11.2 The Contractor shall also adhere to the Equal Employment Opportunity (EEO) and Non-Criminal Complaint Policies and Procedures adopted by the CAWDB.

12. Assignment, Subcontract or Transfer

Neither this Contract nor any portion thereof may be assigned or transferred in whole or part by the Contractor nor any service be assigned or transferred without the prior express written approval of the CAWDB. Any attempted assignment, transfer and/or Subcontract without such prior written consent shall be void.

13. Right to Inspect Records of the Contractor

13.1 The Contractor shall establish and maintain for at least six (6) years from the termination of this Contract, unless notified otherwise by the CAWDB, such records as are required by the CAWDB to substantiate any payment under this Contract. These records include, but are not limited to, all fiscal records, payroll and purchases, participant attendance records, as well as participant completion, placement and retention information, etc. The Contractor further agrees that records required by the CAWDB with respect to questioned costs, audit disallowances, litigation, or dispute between the CAWDB and the Contractor shall be maintained for the time needed for resolution of said question and that in the event of early termination of this Contract, or if for any other reason, the CAWDB shall require a review of the costs related to the Program, the Contractor shall, at its own cost and expense, segregate all costs related to the Program from its other expenses of operation.

13.2 The Contractor further agrees that the CAWDB, the USDOL, the Comptroller General of the United States, the New York State Department of Labor (NYSDOL), or any of their duly authorized representatives shall have access to books, documents, paper and records of the Contractor that are directly pertinent to this Contract or any program related to the Contract for the purpose of making audits, examinations, excerpts and transcriptions.

13.3 The CAWDB shall provide at least ten (10) business days’ notice when requesting to review these records. The Contractor shall provide copies of any necessary documentation to the CAWDB on a confidential basis and such review, unless mutually agreed upon or judicially ordered, shall occur during Contractor's normal business hours.

13.4 The Contractor shall maintain records in such a manner so that all costs necessary and incidental to this Contract may be repeatedly identified from costs chargeable to funds other than WIOA.

13.5 The Contractor shall make all such records also available to public inspection, as required by WIOA, subject to the privacy provision contained therein.

13.6 Any false entry of a material or substantial fact into the books and/or records of the Contractor shall constitute a material violation of this Contract.

13.7 Failure to comply with any of the record keeping requirements in this Section will be grounds for the CAWDB to withhold payment against submitted invoices until such compliance is demonstrated and accepted by the CAWDB.

14. Reporting; Monitoring of Contractor

14.1 The Contractor shall provide the CAWDB Contract Administrator such reports, certifications and/or audits as may be reasonably required by the CAWDB or its funding sources. The

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Contractor will comply with all requests that are part of the oversight and monitoring duties assigned to the CAWDB by the Chief Elected Officials (CEOs) pursuant to the Interlocal Agreement and as outlined in Workforce Development System Technical Advisory #04-19 and any subsequent updates, additions and/or amendments. The CAWDB shall provide to the Contractor reports and audits that may be reasonably required for the effective operation of the AJC in a timely fashion.

14.2 Title 20 CFR Section 679.370 (i) requires the Local Board, in partnership with the Chief Elected Office (or the CEO’s designated fiscal agent) to conduct oversight and monitoring of its WIOA activities and those of its sub-recipients. The purpose of this requirement is to ensure that expenditures meet the programmatic, cost category and cost limitation requirements of WIOA and the regulations, and to determine that there is compliance with other provisions of the WIOA regulations and other applicable laws and regulations, and to ensure that technical assistance is provided as needed.

14.3 The CAWDB will conduct oversight and monitoring of all its sub-recipient activities funded under WIOA Title I including all fiscal, programmatic and administrative compliance processes to ensure that funds are expended within the requirements stated in WIOA and its associated regulations, as well as other relevant regulations and OMB Circulars.

14.4 Additionally, the Contract Administrator shall monitor the Contractor for the quality of service, which includes, but is not limited to the following criteria:

14.4.1 Submission of required reports in a timely fashion.

14.4.2 Adherence to, or deviation from, Contract standards and/or core indicator measurements under continuous quality improvement activities.

14.4.3 Compliance with Federal, State and County Laws and other applicable regulations.

14.4.4 Adherence to, or deviation from, Memoranda of Understanding with AJC Partner.

14.4.5 Inspections by officials of other Governmental agencies shall be incorporated into evaluation of Contract compliance.

15. Fair Employment and Contracting Practice

The Contractor shall not refuse to hire nor employ nor bar or discharge from employment nor discipline nor threaten to discipline nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, color, disability, national origin, sex, marital status, handicap, religion, political affiliation, or belief.

16. CAWDB'S Retained Rights and Authorities

The CAWDB retains the authority to establish, review and revise reasonable rules governing the policies and practices of the AJC system consistent with Contract and applicable law.

17. Order of the CAWDB to Enforce this Contract

The Contractor shall not be excused from complying with any of the requirements or provisions of this Contract or any subsequently adopted amendment to this Contract by reason of any failure of the CAWDB on one or more occasions to seek, or insist upon compliance with such requirements or provisions.

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18. Dispute Resolution

In case of any disagreement between the parties as to the operation of the program, the interpretation or application of any and all Federal, State, local or departmental statutes, rules, regulations, laws or ordinances, the matter must be immediately submitted to the chief elected officials and the CAWDB, which shall review and after consultation with the Contractor, shall attempt to resolve the same and such decision shall be binding on the parties of the Agreement. The Contractor, however, retains right to any administrative and/or legal remedies available.

19. Resolution of Inconsistencies with Federal, State or County Law Rules, Regulations

In any case of an inconsistency between any provision of this Contract and any provision and section of the Federal, State or County rule, regulation or law, then the Federal, State or County rule, regulation or law, shall supersede and control the conflicting provision of this Contract.

20. Independent Contractor

20.1 It is intended by both the CAWDB and the Contractor that the Contractor’s status is that of an independent contractor, and that nothing in this Contract is construed to create an employer/employee relationship between the CAWDB and the Contractor.

20.2 If the Internal Revenue Services or any other governmental agency questions or challenges the Contractor’s independent contractor status, then it is agreed that both the CAWDB and the Contractor shall have the right to participate in any conference, discussion, or negotiation with the governmental agency, irrespective of with whom, or by whom, such discussions or negotiations are initiated.

21. Property

21.1 Any equipment, furniture, supplies or other property purchased pursuant to this Contract is deemed to be the property of the CAWDB except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated.

21.2 If equipment, furniture, or other tangible property is procured under this Contract, the Contractor shall follow their agency’s property and procurement guidelines for all purchases and any applicable WIOA regulations.

21.3 The Contractor must report purchases of equipment, furniture, or other tangible property to the CAWDB within fifteen (15) days of purchase by providing an updated Inventory listing.

22. Copyright

22.1 The CAWDB reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, and otherwise use, and authorize others to use, for Federal government purposes:

22.1.1 The copyright in any work developed under this Contract.

22.1.2 The rights of copyright bought with funds received under this Contract.

22.2 The Contractor further agrees that this Contract is subject to and shall be governed by 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

26. Compliance with Veteran’s Priority Policy

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The Contractor agrees to comply with and implement the CAWDB policy regarding priority of service to Veterans and their eligible spouses as it relates to services provided under programs funded by WIOA Title I and other programs as listed in the policy. A copy of this policy can be obtained upon request to the CAWDB.

27. Safeguard for Services and Confidentiality

27.1 Services performed pursuant to this Contract are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs.

27.2 Funds provided pursuant to this Contract shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office.

27.3 Information relating to individuals who may receive services pursuant to this Contract shall be maintained and used only for purposes intended under the Contract and in conformity with applicable provisions of laws and regulations.

28. Force Majeure

Neither party shall be liable for any delay in or inability to perform its obligations hereunder if immediate notice is given and if the delay or inability to perform is due to any event beyond the reasonable control of such party such as but not limited to, acts of God, fire, flood, storm, explosion, riot, war or strike or any other circumstance of a like or different nature.

29. Law to Govern

This Contract shall be governed by the laws of the State of New York as to interpretation and performance.

30. Severability

If any provision of this Contract shall be declared illegal, void or unenforceable, the other provisions shall remain in full force and effect.

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Cattaraugus-Allegany Workforce Development Board, Inc.PY19 WIOA Youth Program Services RFP Cover Sheet

July 1, 2019 - June 30, 2020

Agency Name:           Tax ID:

Contact Person Name & Title:                     

Address:          

Phone: Fax:       E-Mail:     

Type of Organization: For Profit Non-Profit Governmental Entity Educational Institution Church Other

Organization

County(ies) of Service: Allegany Cattaraugus Both

Location(s) where services will be delivered:            

Number of WIOA Youth to be served:       Total =      In-School +       Out of School

How many youth will be served by age? Priority will be given to proposals serving youth 16 and over.

Ages 14-15 _____ Ages 16-18       Ages 19-24      

Total WIA Funds Requested $      = $      In-School + $      Out-of-School

Cost Per Participant $      = Total WIOA Funds Requested Number of Youth to Be Served

Can your organization support the program without an advance? YES NO

What percentage of your total budget do these contract funds represent?      %

Has your organization ever had to repay funds due to a questioned/disallowed cost? YES NO

*If yes, attach explanation on corporate letterhead

Does your organization have the capability to repay a disallowed audit cost? YES NO

Submitted by:

_________________________________             Signature of Responsible Party Print Name & Title Date

WIB Review & Approval:

_________________________________ _____________________

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Jason E. Miller, Executive Director Date

Instructions for Performance Measures Grid

There are 4 Performance Measures that apply to the services outlined in this RFP. They are as follows:

1) Employment Rate 2nd Quarter after Exit2) Employment Rate 4th Quarter after Exit3) Credential Attainment 4th Quarter after Exit4) Median Earnings 4th Quarter after Exit

The number of carry-overs can be obtained from the WDB Office and will be posted in the Q & A on the www.cawfny.com website.

Performance Grid

Measures PY2019

Goals*

Carry-Overs

Projected Number of

New Participants Total to Serve

Projected Number of Participants

who will Meet the Measure

Employment Rate 2nd Quarter after Exit 74.3%

Employment Rate 4th Quarter after Exit 61.1%

Credential Attainment 4th after Exit 63.5%

Median Earnings 4th Quarter after Exit

N/A

Measureable Skills Gain

N/A

* PY19 Goals for Median Earnings 4th Quarter after Exit have not yet been determined. Final contracts will be negotiated with outcomes that will meet the PY19 goals, which will be higher than those listed above so please keep this in mind when planning your outcomes. Measures with N/A for PY2019 Goals are still in the data collection phase and there are no goals as of yet.

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FEDERAL CERTIFICATIONS

The funding for the awards granted under this contract is provided by the United States Department of Labor which requires the following certifications:

A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is 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 lower tier participant is unable to certify to any of the statement in this certification, such prospective participant shall attach an explanation to this proposal.

3. The prospective lower tier participant shall pass the requirements of A.1. and A.2., above, to each person or entity with whom the participant enters into a covered transaction at the next lower tier.

B. CERTIFICATION REGARDING LOBBYING - Certification for Contracts, Grants, Loans, and Cooperative Agreements

By accepting this grant, the signee hereby certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, 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 or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The signer shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, 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 facts 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, and U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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C. DRUG FREE WORKPLACE

By signing this application, the grantee certifies that it will provide a Drug Free Workplace by implementing the provisions at 29 CFR 94, pertaining to the Drug Free Workplace. In accordance with these provisions, a list of places where performance of work is done in connection with this specific grant will take place must be maintained at your office and available for Federal inspection.

D. NONDISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE

As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the grant applicant assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:

(1) Section 188 of the 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 WIA Title I - financially assisted program or activity;

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

(3) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;

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

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

The grant applicant also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIA Title I - financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIA Title I-financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance.

E. BUY AMERICAN NOTICE REQUIREMENT

The grant applicant assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under WIOA will be American made. See WIOA Section 502 – Buy American Requirements.

F. SALARY AND BONUS LIMITATIONS

In compliance with Public Laws 110-161, none of the federal funds appropriated in the Act under the heading ‘Employment and Training’ shall be used by a sub recipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II.

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This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A-133. See TEGL number 5-06 for further clarification. Where applicable, the grant applicant agrees to comply with the Salary and Bonus Limitations.

G. VETERANS’ PRIORITY PROVISIONS

Federal grants for qualified job training programs funded, in whole or in part, by the U.S. Department of Labor are subject to the provisions of the “Jobs for Veterans Act” (JVA), Public Law 107-288 (38 USC 4215). The JVA provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services. Please note that to obtain priority service, a person must meet the program’s eligibility requirements. TEGL No. 10-09 (November 10, 2009) and Section 20 of the Code of Federal Regulations (CFR) Part 1010 (effective January 19, 2009) provide general guidance on the scope of the veterans priority statute and its effect on current employment and training programs. Where applicable, the grant applicant agrees to comply with the Veteran’s Priority Provisions.

The grant applicant also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant’s operation of WIOA Title I programs or activities, and to all agreements the grant applicant makes to carry out the Title I program or activities. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance.

I, the undersigned, attest under penalty of perjury that I am an authorized representative of the Proposer/Contractor and that the following statements are true and accurate.

Signature of Authorized Representative:

Typed Name & Title:

Date:

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STATEMENT OF NON-COLLUSION

By submission of this RFP, each applicant and each person signing on behalf of any applicant certifies,

and in the case of a joint RFP each party thereto certifies as to its own organization, under penalty of

perjury, that to the best of knowledge and belief:

The prices of this RFP have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other applicant or with any competitor;

Unless otherwise required by law, the prices which have been quoted in this RFP have not been knowingly disclosed by the applicant and will not knowingly be disclosed by the applicant prior to opening, directly or indirectly, to any other applicant or to any competitor; and

No attempt has been made or will be made by the applicant to induce any other person, partnership or corporation to submit or not to submit a RFP for the purpose of restricting competition.

I, the undersigned, attest under penalty of perjury that I am an authorized representative of the Proposer/Contractor and that the previous statements are true and accurate.

Signature of Authorized Representative:

Typed Name & Title:

Date:

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