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Lehigh Valley Workforce Development Board, Inc.REQUEST FOR PROPOSALS TO PROVIDE

2016 SUMMER JOBS PROGRAM FOR YOUTH

MAY 1, 2016 TO SEPTEMBER 30, 2016

ISSUED: FRIDAY, APRIL 15, 2016

Deadline for Submission: APRIL 29, 2016

THIS IS NOT AN RFP FOR RESEARCH AND DEVELOPMENT

Lehigh Valley Workforce Development Board, Inc.555 Union Boulevard

Lehigh Valley, PA 18109www.lvwib.org

Lehigh Valley Workforce Development Board, Inc. reserves the right to modify any of the enclosed specifications as required by the U.S. Department of Labor or the PA Department of Labor and Industry.

TABLE OF CONTENTS

SECTION I: INTRODUCTION..............................................................................................3

http://www.lvwib.org/

SECTION II: NUMBER OF YOUTH TO BE SERVED..........................................................4

SECTION III: DESCRIPTION OF PROGRAM SERVICES REQUESTED...........................41. Recruitment of Lehigh and Northampton County TANF Eligible Youth.......................42. Youth Eligibility Determination, Assessment, and Documentation..............................43. Develop Public and Private Sector Worksites.............................................................54. Matching Youth to Summer Jobs................................................................................65. Youth Payroll...............................................................................................................76. Program Limitations....................................................................................................77. Performance Outcomes and Reporting ......................................................................8

SECTION IV: NUMBER TO BE SERVED............................................................................9

SECTION V: GENERAL INFORMATION AND PROPOSAL CRITERIA.............................91. Who May Apply...........................................................................................................92. Accessing the RFP Documentation and Attachments................................................93. Proposal Due Date and Review Process..................................................................104. The RFP Response Package...................................................................................115. Inquiries and Questions About the Application.........................................................126. Cure Process............................................................................................................127. Selection Criteria.......................................................................................................138. Administrative Requirements....................................................................................139. Progress Reports......................................................................................................1710.The Agreement.........................................................................................................1711.Cost Parameters.......................................................................................................1812.Grievance and Procedures.......................................................................................1913.Conflict of Interest.....................................................................................................1914. Interference with the Procurement Process..............................................................1915.Compliance...............................................................................................................2016.LVWDB Right to Reject or Accept............................................................................22

APPLICATION FOR YOUTH FUNDS

APPLICATION FORM...........................................................................................................1

EXECUTIVE SUMMARY.......................................................................................................3

1 | P a g eSummer Jobs Program for Youth 04/15/2016

SECTION A: AGENCY DETAILS........................................................................................4

SECTION B: RECRUITMENT..............................................................................................5

SECTION C: ELIGIBILITY DETERMINATION AND ASSESSMENT..................................6

SECTION D: PROGRAM DESIGN......................................................................................6

SECTION E: STAFFING......................................................................................................7

SECTION F: DATA ENTRY AND MONITORING................................................................7

SECTION G: PERFORMANCE............................................................................................8

SECTION H: CONTRACT AND BUDGET INFORMATION................................................8

ATTACHMENTS

ATTACHMENT 1: APPLICATION FOR YOUTH FUNDSATTACHMENT 2: BUDGET FORMSATTACHMENT 3: REQUIRED FEDERAL AND STATE FORMSATTACHMENT 4: PROPOSAL RESPONSIVENESS CHECKLIST

APPENDICES

APPENDIX 1: DEFINITIONSAPPENDIX 2: INTEREST AND SKILLS INVENTORYAPPENDIX 3: RATING AND EVALUATION FORMAPPENDIX 4: LVWDB YOUTH WORK EXPERIENCE POLICY

SECTION I: INTRODUCTION

The Commonwealth of Pennsylvania has designated Lehigh and Northampton Counties in Northeast Pennsylvania as the Lehigh Valley Workforce Area in accordance with provisions of the Workforce Innovation and Opportunity Act (WIOA). The Lehigh and Northampton County Executives are the Chief Elected Officials as defined in WIOA.


Together with the Lehigh Valley Workforce Development Board, Inc. (LVWDB), which they appoint, they are responsible for developing a workforce system in the Lehigh Valley and for selecting youth service providers.

The LVWDB is seeking proposals to administer a six to eight week paid 2016 Summer Jobs Program for Youth for disadvantaged students ages 16-18 that are rising high school seniors residing in Lehigh and Northampton Counties. Subsidized employment provides valuable skill development for young people and serves as a stepping stone to unsubsidized employment. Temporary Assistance for Needy Families (TANF) Youth Funds will finance the paid work experiences for eligible youth. The contract with the selected provider will begin in May 2016 to allow for start-up and may be renewed for three successive summers depending upon contractor performance and the availability of funds. All summer activities will be required to occur between May 1 and September 30 of each calendar year this program is in effect.

The Summer Work Experience Program for Youth must take place following the close of the public high schools for the summer break and be completed prior to the start of the 2016 – 2017 school year.

The objective of the Summer Work Experience Program is to help economically disadvantaged youth with barriers gain valuable work experience while earning a paycheck to help meet basic needs. The entity selected will be required to:

1. Provide the youth with a 35 hour employability skills training workshop prior to placement at a worksite.

2. Develop host worksites for the youth in private, governmental, public and not for profit entities, which will provide a thirty (30) hour a week, six (6) week, work experience for each youth.

3. Assure background checks are performed on the youth depending upon the needs of their host worksite.

4. Match the youth based upon their career interests with the worksites

5. Visit and monitor the worksites to address any employer or youth concerns, assure the integrity of the worksites, collect and distribute timesheets, deliver paycards.

6. Assure that each youth is provided a constructive assessment in partnership with employer.

SECTION II: NUMBER OF YOUTH TO BE SERVED

The LVWDB Summer Work Experience Program plans to serve 100 TANF eligible rising high school seniors between the ages of 16-18, residing in Northampton or Lehigh County during the 2016 summer months.


LVWDB reserves the right to increase/decrease enrollment numbers as may be dictated by available funds and LVWDB policies.

SECTION III: DESCRIPTION OF PROGRAM SERVICES REQUESTED

1. Recruitment of Lehigh and Northampton County TANF eligible youth:

A. The selected provider will coordinate with the high schools in Lehigh and Northampton Counties to promote and market the summer program.

B. The selected provider will be responsible for the recruitment of rising high school seniors, in the Lehigh Valley, who are between the ages of 16 – 18 and who meet the TANF eligibility requirements.

2. Youth eligibility determination, assessment, and documentation:

A. All youth

a. Must be residents of Lehigh and Northampton Counties, and

b. Must be U.S. citizens or legally able to work in the United States and be able to provide the requisite documentation, and

c. Males at least eighteen (18) must be registered for selective service. Providers will be expected to enroll any youth who has not enrolled in selective service at the time of eligibility determination, and

d. Must meet one of the following:

i. The youth is a member of a family receiving cash assistance TANF, Supplemental Security Income (SSI) or refugee cash assistance, or food stamps, or

ii. Is a member of a family whose income is at or below 235% of the poverty level in accordance with the Health and Human Services guidelines, or

iii. Is eligible to receive or is receiving FREE or REDUCED lunch, or

iv. Is a supported foster child, in accordance with section 477 of the Social Security Act (42 U.S.C. 677), or

v. Is a homeless youth, in accordance with section 41403(6) of the Violence Against Women Act of 1994 (42 U.S. C. 14043e-2(6)) or section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S. C. 11434a(2)).


B. Youth who do not meet the eligibility may be referred to PA CareerLink Lehigh Valley ® and community based organizations for services, as appropriate.

C. The selected provider will be responsible for collecting the documentation used to determine the youths’ eligibility and maintaining a case file for each youth which includes this documentation along with case notes, identification and contact information, assessment information, supportive service needs, documented contacts and other forms required by LVWDB.

D. The selected provider will be required that for youth under age 18, parent/guardian signature(s) is on the CareerFORCE application.

E. Youth case files are the property of LVWDB and must be available at all times for review.

F. All participant file documents must be stored in a locked file cabinet.

G. The selected provider will be required to conduct appropriate background checks for all staff as well as for the youth depending upon the requirements of their assignment.

3. Develop public and private sector worksites

A. The selected provider will be required to develop host worksites for the youth with private for-profit, not for-profit, public and governmental entities.

B. All work assignments must meet Child Labor Law requirements, should not require youth to lift more than twenty-five pounds, and be accessible to individuals with disabilities.

C. Work site development should take into consideration the age appropriateness of the activities. Youth shall not be placed at worksites which may constitute a danger to the youth such as, but not limited to, working with heavy equipment, lawnmowers, kitchens where working with knives is required, or operating vehicles including golf carts.

D. The selected provider will be expected to assist host worksites to complete a job description or job order form which details the requirements of the position to be filled by the youth in order to facilitate matching the youth with a worksite.

E. All worksite job descriptions or job orders must identify the location and address of the worksite and the title and name of the individual who will be supervising the youth. The youth to worksite supervisor ratio should not exceed 1:4 youth at each worksite.


F. The selected provider will be required to obtain a signed worksite agreement from each host organization. The Agreement shall be provided by the LVWDB.

G. The selected provider will be required to assign youth to the worksites and to review the job description and duties to be performed with each youth participant.

H. The selected provider will be responsible for participant data entry.

I. Summer work experience program participants cannot displace or jeopardize the status of current employees. In addition, youth work experience participants should not replace employees who have experienced layoffs.

J. The selected provider will be required to develop, coordinate and deliver a worksite supervisor training, prior to the start of the summer program, the contents of which shall be approved by the LVWDB.

4. Matching youth to summer jobs.

A. The selected provider will be required to assess youth to determine;

a. Career goals and skill levels in order to locate a work experience that incorporates youth career interests, and

b. Geographic location and transportation capabilities to assure the youth has the ability to get to his/her assigned worksite.

B. The selected provider will be expected to hire a sufficient number of job coaches to assure a caseload to youth ratio of 1:35. The job coaches will be required to:

a. Monitor and evaluate the participant work experiences

b. Resolve workplace issues

c. Distribute and collect time sheets

d. Serve as a liaison between the youth and the worksite.

C. The selected provider will be expected to conduct a thirty-five (35) hour employability skills workshop prior to placing the youth at a worksite.

a. The provider may use “Job Saavy” or other youth friendly employability skills curriculum approved by the LVWDB. The provider may not use a proprietary product if there is a charge for the material.

b. The employability skills workshops should divide the youth into groups staffed at a youth: teacher ratio of 1:15.


c. The topics to be covered shall be approved by the LVWDB.

d. The curriculum must include a safety presentation which can be coordinated through the LVWDB Workers Compensation carrier.

e. The curriculum must include instruction and information about the completion of time sheets, payroll and financial literacy/budgeting guidance.

D. Proposers are requested to schedule three field trips for the youth one of which should take place prior to placement of the youth at their worksites and the others should take place at the three week mark of the work experience.

a. Employers should be informed of the scheduled field trip at the time of development of the worksites.

b. At least one of the field trips should be to the PA CareerLink®. The other field trip should be to a post-secondary educational institution, technical school or apprenticeship in conjunction with organized labor, in the workforce area with a structured tour.

5. Youth Payroll

A. The LVWDB will serve as the employer of record for the youth participants and will provide payroll administration for all the youth.

B. Youth participant wages will be $7.25 per hour. LVWDB reserves the right to increase youth hourly wage rate.

C. The selected provider will be responsible to assure child labor laws posters are at each worksite, obtaining I-9 forms, parent consent forms and work permits for minors when applicable.

6. Program Limitations

A. In accordance with Federal and State regulations TANF funds cannot be used for:

a. Medical services, including those services reimbursable through Medicaid

b. The provision of foster care or residential treatment care to children


c. Benefits or services to families without a minor child in the household (i.e., childless single adults and couples are ineligible)

d. The acquisition of capital goods (e.g., buildings, buses, etc.)

e. Purchase program supplies to enhance, beautify, improve the physical appearance of worksites (e.g. mulch, flowers, trees)

f. To provide child care services.

7. Performance Outcomes and Reporting

A. The selected provider will be expected to meet the following performance elements:

a. Recruitment of sufficient youth to meet proposed outcomes of youth in a summer work experience

b. Timely development of sufficient worksites

c. Development or acquisition of an employability skills and financial literacy curriculum

d. 85% retention of the youth in their summer work experience for six (6) weeks

e. An Increase in Employability Skills sufficient to attain a score of 85% on a post-test.

f. A 100% enrollment of the youth in the Job Gateway System including a completed resume and job preference.

LVWDB will consider incentive plans based on student performance and attendance goals.

SECTION IV: NUMBER TO BE SERVED

Proposer(s) must have the capacity to serve a minimum of twenty (20) youth with the option to serve additional youth.

LVWDB reserves the right to fund proposers at greater amounts than requested or to fund additional providers. Based on national best practices, the average cost of serving youth that results in a positive outcome should range between $2,500 and $3,000.


SECTION V: GENERAL INFORMATION AND PROPOSAL CRITERIA

1. Who May Apply

A. Proposer(s) may be public or private not-for-profit corporations, local public or private proprietary educational agencies (schools), private for profit corporations, chambers of commerce or other formally organized industry based employer organizations, labor organizations and governmental units including municipalities. Minority and women owned businesses are encouraged to submit proposals.

B. Joint proposals will be considered non-responsive. The LVWDB is seeking a single organization to provide the described services.

C. Entities must have been in business in the United States for at least two (2) years prior to submission of an application. If proposer(s) is a foreign corporation (not a PA Corporation) they must have a certificate from the PA Secretary of State showing that they have filed the necessary documents to do business in this state.

D. All individuals who will be supervising youth, or are principals in proposer’s organization, must be able to provide a clean background check and meet Pennsylvania State background requirements.

2. Accessing the RFP Document and Attachments

A. Interested parties may access the RFP from the LVWDB website at www.lvwib.org. Interested parties are responsible for checking the website for additions, modifications, and questions and answers concerning this RFP. LVWDB will not contact proposers individually or respond to questions on an individual basis. All questions received will be posted on the website along with the answers.

B. To be responsive, proposer(s) must respond to all the questions in this 2016 Summer Jobs Program for Youth.

3. Proposal Due Dates and Review Process – All dates are subject to change by LVWDB.

EVENT DATE/TIMERFP Issued to the Public Friday, April 15, 2016Deadline for Submitting Written Questions to LVWDB Wednesday, April 27, 2016 @ 12:00 noon

Deadline for Proposal Submission Friday, April 29 , 2016 @ 12:00 noon

Contract Start May 1, 20169 | P a g e

Summer Jobs Program for Youth 04/15/2016


Contract End September 30, 2016

A. Proposals will be reviewed by staff for responsiveness and substantiveness.

B. A LVWDB Review Committee will rate proposals based on the attached Request for Proposal (RFP) Rating and Evaluation Form (Appendix 3). The Review Committee reserves the right to request additional information and schedule interviews or location visits, as necessary.

C. Proposer(s) must not contact LVWDB employees or elected officials charged with oversight of these programs during the review process to avoid conflict, the appearance of conflict, or undue influence over the process.

D. Proposals must be submitted on or before noon Friday, April 1, 2016.

E. Proposals may be sent by U.S. mail, courier or hand-delivered.

MAIL, COURIER OR HAND DELIVERED TO:

Lehigh Valley Workforce Development Board, Inc.555 Union Boulevard, Allentown, PA 18109.

Proposals may not be faxed or sent electronically.

LVWDB shall not be held responsible for proposer’s failure to meet responsiveness, date, time and location deadlines due to late delivery or omissions by the U. S. Postal services or other courier or delivery services.

All submissions must be marked: Response to 2016 Summer Jobs Programs for Youth.

4. The RFP Response Package

A. The RFP Response Package consists of the completion of the Application and all required forms.

B. All responses must be single-spaced, single-sided on 8.5” inch x 11” inch paper. Complete all responses in Arial pitch, 12 point type (note that some tables may require smaller fonts). Maintain 1 inch margins.

C. Number each page of the response sequentially beginning with the Proposer(s) Application as page one. The page number should be in footer on the left side


with the name of the organization submitting the response, and the name of the program proposed. Tabbed dividers should not be numbered. Page numbers should be consecutive from beginning to end. Attachments and appendices should be in a header on top left side. Proposals are not to be paginated by sections.

D. One original application is to be submitted in a three ring binder and is not to be stapled or clipped. The proposal is to be arranged and tabbed in the order indicated in (g) below. This will make it easy for reviewers to read your proposal and for us to make additional copies if needed. Proposals that are not submitted in a three ring binder will be returned unread and will not be considered for funding. LVWDB will not return proposals or binders or exhibits to proposers.

The original Proposal must contain the original signature of the designated agent officially authorized to act as the contractual agent for the organization affixed to each document where a signature is required.

The original Proposal should be securely packaged and clearly marked on the outside Response to 2016 Summer Jobs Program for Youth, and submitted by “Name of your Agency.” Proposer(s) must also submit an electronic version of the proposal on a Flash drive in Microsoft Word and the Budget section in Excel.

a. Respond to every question asked.

b. Proposers should download the application and type their responses directly under the questions. Please refrain from reformatting the questions as this makes it difficult for the reviewers. The questions and answers should be in black and white all in an Arial 12 pitch.

c. All questions/responses should follow the numbers assigned in the Request for Proposals. Do not renumber the questions. Use the same number that appears in this request for proposals for the question prior to your answers as the rating sheets are keyed to the question numbers. Raters will not be able to find your responses if you change the numbering system.

d. Do not respond to questions by cross referencing to another response.

e. If a question asks for a yes or no answer, place the yes/no response at the beginning of your answer and provide the narrative information requested on the next line.

f. In preparing the response, start your responses to each section on a new page.

g. Proposal Order of Documents – Please place the proposal component responses in the following order:


Application for Youth Program Services Attachment 1

i. Completed Proposal Application ii. Organizational Chartsiii. Work Activity Scheduleiv. Staff resumes or position qualifications if staff are not yet hired

Budget Forms Attachment 2

Required Federal and State Forms Attachment 3

i. Certificate Regarding Lobbyingii. Vendor Information Tax Payer Identification Verificationiii. Certification regarding Debarment Suspensioniv. Certification regarding Drug Free Workplacev. Certification regarding Environmental Tobacco Smoke

h. A copy of your most recent Audit and Financial Statement must be made available upon request by LVWDB, and does not need to be included in the proposal.

5. Inquiries and Questions About the Application

All questions regarding this RFP should be transmitted in writing to Cindy Evans at [email protected] by noon, April 27, 2016. All answers addressed to Cindy Evans will be posted on the LVWDB website at www.lvwib.org . The responsibility to access this information is with the Proposer(s).

6. Cure Process

LVWDB has established the option to cure minor omissions in submitted proposals within forty-eight (48) hours of notification by the LVWDB via email to the proposer’s contact named in the application. Failure to provide the requested information within the allotted time shall result in a “fatal flaw.” This process is provided by LVWDB as a courtesy, and as such, LVWDB is not responsible for notification of any omissions or errors in any documentation submitted by the applicant agency in response to the RFP.

All applying agencies are solely responsible for contact availability via e-mail during this cure period and failure to receive LVWDB notification of cure issues is not subject to appeal.

Minor inconsistencies or revisions may be addressed during the negotiation process at the sole and complete discretion of LVWDB.

7. Selection Criteria



mailto:[email protected]

All proposals submitted will be evaluated against all other proposals using the rating criteria, which is a part of this RFP package, and ranked by a proposal review committee. Proposals may not be funded at the funding levels requested.

The highest ranking numerical score does not assure a funding recommendation. Other factors which may be considered include, but are not limited to: several proposals to provide the same or similar services; past performance of individual agencies; duplication of services; costs, array of services, likelihood to result in self-sufficient employment; location of services; relevant experience and qualifications; or financial viability and stability of the agency.

LVWDB reserves the right, at its sole and complete discretion, to invite proposer(s) to make a presentation to the RFP Review Committee as a step in the selection process. LVWDB also reserves the right, at its discretion, to conduct pre-selection site visits to any organization that is being considered for funding under this solicitation.

8. Administrative Requirements

A. Proposer(s) must be able to demonstrate the necessary administrative capability and fiscal responsibility needed to operate the program proposed and to meet federal financial accountability requirements. Proposer’s organization may be subject to a pre-award review. This may include, but not be limited to, a review of proposer(s) record keeping procedures, management systems, accounting and administrative systems, training facilities, and curriculum.

B. Any proposer(s), after a pre-award survey, that is determined by LVWDB to not have the fiscal capability to manage the grant funds will be required to post a performance bond, or may be rejected as a provider at the discretion of LVWDB. The cost of the bond cannot be charged to the project proposed. LVWDB reserves the right to review budgets to determine the fiscal capacity of the proposer(s) and may deem a proposal non-responsive if proposer(s) cannot demonstrate fiscal capacity through staffing sufficient to be able to deliver the program proposed and separation of duties sufficient to safeguard the integrity of the funds.

C. All organizations funded whether public or private, commercial or not-for-profit, receiving at least $750,000.00 annually through federal grants regardless of the funding source will be required to conduct and submit an audit annually. Commercial organizations will have the option of providing a program specific audit or submitting an organization wide audit in accordance with 2 CFR Part 200 et seq.

D. Contracts written as a result of this proposal will be subject to negotiation of

expected performance.


E. All media advertisements, collateral and printed material used in the promotion of the program, recruitment of participants, and published reports must name LVWDB as the grantor agency and must be approved in advance of publication by the LVWDB Director of Youth Initiatives. The time necessary to obtain the appropriate approvals must be considered when developing materials or other media advertisements.

F. Insurance Requirements - The proposer(s) agrees to submit to LVWDB prior to the provision of services under this proposal Certificates of Insurance including all endorsements required herein, and to keep such insurance and the Certificates of Insurance with LVWDB during the entire term of the Agreement to be negotiated. In addition, all sub-contractors performing work on behalf of a selected proposer(s) shall be covered under proposer’s insurance or shall obtain insurance subject to the same terms and conditions as set forth herein. All insurance policies required by this Agreement shall declare any deductible or self-insured retention (SIR) in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by LVWDB. Proposer(s) shall be responsible for reimbursement of any deductible to the insurer. If the proposer(s) fails to maintain insurance acceptable to LVWDB for the full term of the Agreement, LVWDB may terminate any Agreement.

G. If the selected proposer(s) is a governmental entity, they may elect to self-insure for the insurance coverage required for this agreement.

H. The policy or policies of insurance must be issued by an insurer licensed to do business in the Commonwealth of PA. If the carrier is a non-admitted carrier in the Commonwealth of PA, LVWDB retains the right to approve or reject carrier after a review of the company’s performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as applicable to this project as set forth below:

Coverage Minimum LimitsCommercial General Liability to include a Broad Form Property Damage Endorsement and Contractual Liability

$1,000,000 combined single limit per occurrence $2,000,000 Aggregate

Automobile Liability including all owned and non-owned and hired vehicles

$1,000,000 combined single limit per occurrence

Workers' Compensation StatutoryEmployer's Liability $1,000,000 per occurrenceProfessional Liability $1,000,000 per claims madeIntellectual Property To cover any patent, copyright or trademark

infringement claims including the cost of the defense of any action brought against LVWDB, its governing Boards and Contractor

Fidelity/Crime/Honesty Bond In the amount of the funds awarded to proposer(s)


I. Each insurance policy required by this Agreement shall be endorsed to contain the following provisions:

a. This insurance shall not be changed, cancelled, limited in scope of coverage or non-renewed until after thirty (30) days written notice has been given to LVWDB.

b. If a thirty (30) day notice of cancellation endorsement is not received, the cancellation clause must include language as follows, which edits the pre-

printed ACCORD certificate:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THEISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER.

c. All rights of subrogation are hereby waived against the Commonwealth of PA, selective and appointed officials, officers and employees, LVWDB, its elected and appointed officials, officers and employees, when acting within the scope of their employment or appointment. (Endorsement must be attached to Certificate of Insurance.)

J. As respect to operations of the named insured performed on behalf of LVWDB, are added as additional insured’s except for Workers' Compensation/ Employers' Liability and Professional Liability. (Endorsement must be attached to Certificate of Insurance.)

K. It is agreed that any insurance maintained by LVWDB will apply in excess of, and not contribute with, insurance provided by this policy. (Endorsement must be attached to Certificate of Insurance for the General Liability policy.)

L. Any losses shall be payable notwithstanding any act or failure or negligence of LVWDB, or any other person.

M. Commercial General Liability policy shall contain a severability of interests clause.

N. Contractor agrees to maintain Professional Liability Insurance, as appropriate, for a period of two (2) years following completion of this Agreement.

O. LVWDB shall retain the right at any time to review the coverage, form and amount of the insurance required hereby. If, in the opinion of LVWDB, the insurance provisions in this section do not provide adequate protection for LVWDB, LVWDB may require Proposer(s) to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. LVWDB requirements shall be reasonable and shall be designed to assure protection


from and against the kind and extent of risks, which exist at the time a change in insurance is required.

P. The procuring of such required policy or policies of insurance shall not be construed to limit Proposer's liability hereunder or to fulfill the indemnification provisions and requirements of the agreement to be entered into as a result of this proposal.

Q. Proposer(s) must agree to cooperate with and provide such information as may be requested by LVWDB for purposes of filing reports with the State and the LVWDB Governing Boards.

R. This RFP does not commit or obligate LVWDB to pay for any costs incurred in the preparation of a response or in advance of the execution of a contract.

S. Implementation of this program may not occur prior to the start date of the contract document except as authorized. Any costs incurred within the approved budget, as outlined in this agreement, shall be reimbursed when the LVWDB office receives a fully executed copy of the contract.

T. Proposer(s) whose main headquarters are located out of the workforce area and who maintain their books and records outside of the workforce area must specify in their proposal how they will make their books and records accessible at the LVWDB offices for monitoring and audit purposes. It will not be sufficient to state that LVWDB may visit contractor’s site, the records must be available at the LVWDB offices. Failure to do so may result in the proposal being deemed non-responsive.

U. Proposer(s) must agree to be trained in the Commonwealth Workforce Development System. Proposer(s) may not include the costs of any custom or proprietary information technology system in their budgets. LVWDB will not pay for the maintenance of duplicate MIS systems.

V. In the event of a conflict or ambiguity among the rules, terms, and conditions set forth in the RFP and the statutes, laws, State policies and regulations, the statutes, laws, State policies and regulations shall prevail. LVWDB shall be responsible for making all determinations in this regard.

W. Proposer(s) will assure that all records pertinent to this agreement, including financial, statistical, property, and supporting documentation, shall be retained for a period of six (6) years from the date of: 1) final payment of the agreement, and 2) when all audits and litigation are complete and resolved.

9. Progress Reports


Proposer(s) will be required to evaluate their progress and report to the LVWDB on a weekly basis.

10. The Agreement

A. All contracts negotiated as a result of this RFP will be cost reimbursement.

B. Proposers must complete the budget section of the proposal using the forms provided for in this package. RFP responses, which do not include the budget forms or which include non-conforming budget worksheets will be deemed non-responsive. The Budget is part of the RFP and can be downloaded from the LVWDB website at www.lvwib.org as Attachment 2. Paper copies will not be available.

C. All costs, including salaries and merit increases, are subject to negotiation as a part of the contracting process. LVWDB will compare salaries and other costs proposed with costs and salaries for similar positions and responsibilities within Lehigh and Northampton Counties in arriving at reasonable negotiated costs. The federal government has imposed salary caps based upon the federal executive level ll position levels. Salaries reimbursed or partially reimbursed under contracts funded as a result of this RFP may not exceed the federal salary cap.

D. Travel outside of the Lehigh Valley Workforce Development Area must be described and justified in the proposal and included in the budget along with detail regarding the need for the travel, the number of persons who will be traveling, and the length of the stay. LVWDB shall determine the reasonableness of the travel during negotiations. All in and out of workforce area travel will be subject to LVWDB mileage rates, travel rules, and procedures unless the proposer’s policies and procedures have been reviewed and approved by LVWDB.

E. No equipment purchases are allowed. Leasing arrangements for property or staff must be competitively procured and approved during negotiation of the contract.

F. Lease agreements may not be from proposer(s) or proposer(s) organization or from a subsidiary, or related company or corporation unless they are leased to the general public at the same price as offered under this RFP.

G. Charges for proprietary services such as assessment are not allowed.1

H. Charges for proprietary management information systems are not allowed. The LVWDB only recognizes the Commonwealth’s MIS system called Commonwealth Workforce Development System (CWDS).

1 Charges for proprietary items are prohibited as there is no way to determine the reasonableness of the costs.



11. Cost Parameters

A. It is a policy of LVWDB not to provide advance payments. Proposals seeking advances will be considered non-responsive and will not be reviewed or rated. Proposer(s) approved for funding who later identify the need for an advance will not be able to proceed to contract execution. Invoices are paid once a month. Proposer(s) must be able to support the cost of the program until they are reimbursed, which typically takes thirty (30) days from the date the invoice is submitted. Payment of invoices submitted without the proper documentation may be delayed. LVWDB does not pay defective or incomplete invoices. LVWDB may require that an electronic transfer system be set up for the payment of invoices.

B. For profit organizations’ profit is capped at a rate of eight (8%) percent. Profit will be further negotiated as required by the Uniform Code 2 CFR 200 et seq. At this time profit is an allowable cost. Profit may be allocated to the cost categories. Profit is only available as a budget line item for commercial organizations. Total profit paid may not exceed the percentage of profit negotiated, and determined reasonable during contract negotiations. Profit is limited to eight percent (8%) of the contract budget excluding, (1) any funds budgeted for payments to other providers for services not offered by proposer(s), (2) any payments for support services, stipends, work experience, incentives or other participant payments, and (3) tuition.

C. Administrative costs are limited to five percent (5%) based on the executed contract amount unless proposer provides an approved indirect cost rate agreement.

D. Supplies and/or materials proposed may not be purchased from proposer(s) or proposer(s) organization or from a subsidiary, or related company or corporation unless they are sold to the general public at the same price as offered under this RFP.

E. Proposer(s) requiring leased space must consult with LVWDB before leasing space.

F. Proposer(s) who will be leasing space must competitively procure the space unless the space is already leased. Payments for leased space in proposer(s) owned buildings will be subject to the Office of Management and Budget Circulars guidance.

G. LVWDB cannot reimburse providers for interest charges associated with the establishment of credit lines.

H. Any and all work performed or expenses involved in the preparation and submission of proposals shall be borne by the applicant(s). No payment will be made for any efforts or expenses prior to commencement of work as defined by a


fully executed contract.

12. Grievance Procedures

In the event a proposer(s) wishes to file a grievance in connection with the process, a grievance procedure is available and may be obtained from the LVWDB Administrative Offices. Grievances related to this proposal must be filed in writingwithin the timeframes stated in the LVWDB grievance policy.

13. Conflict of Interest

All applicants must disclose the name of any officer, director or employee who is a member of the LVWDB governing boards or an employee of LVWDB. All applicants must disclose the name of any LVWDB employee who owns, directly or indirectly, any interest in the applicants’ business or any of its branches. Such disclosure must be submitted in a separate letter included with the Application for Summer Work Experience Program Youth Funds, no later than the proposal deadline.

14. Interference with the Procurement Process

Applicants are hereby advised that, pursuant to LVWDB policy, LVWDB will not award funding to an organization, person, or entity which has hired a person, whether directly or indirectly, or consented to or acquiesced in the employment of a person, whose principal responsibilities to lobby a member of the Lehigh Valley Workforce Development Board, Inc. or the LVWDB Elected Officials on behalf of the organization, person, or entity which seeks funding from LVWDB. Subject to the foregoing, an officer, director, official, principal, or bona fide employee of an organization, person or entity seeking funding may engage in lobbying without payment of any compensation or reimbursement of expenses for such lobbying, whether directly or indirectly.

Any applicant or lobbyist for an applicant, paid or unpaid, is prohibited from having any private communication concerning any procurement process or any response to a procurement process with any LVWDB staff or rating committee members after the issuance of a funding opportunity and until completion of a contract award. A proposal from any organization will be disqualified if the applicant or a lobbyist for the applicant, paid or unpaid, violates this condition of the procurement process.

15. Compliance

The proposer(s) will fully comply with the applicable requirements of the Acts through which funds are received. It will comply with applicable directives issued by the Pennsylvania Department of Labor and Industry (PDLI), the PennsylvaniaDepartment of Public Welfare (PDPW), the Pennsylvania Department of Education (PDE), or other appropriate state department(s). The proposer(s) assures that it will


comply with other federal statutes applicable to this agreement. This may include, but is not limited to, the following:

A. The Project Independence Act, Act 62 of 1987, P. L. 332, of the Commonwealth of Pennsylvania and all regulations issued pursuant to the Act,

B. The Employment Opportunities Act, Act 65 of 1987, P. L. 342 of the Commonwealth of Pennsylvania and all regulations issued pursuant to the Act,

C. The Federal Food Stamp Program, P. L. 99-198 and all federal and state regulations issued pursuant to this Law,

D. The Federal Family Support Act, P. L. 100-485, Title II of the statute whichestablishes the Jobs Opportunities and Basic Skills Training Program underTitle IV-f of the Social Security Act,

E. Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91-646), Titles II and III (42 U.S.C. 1437(c), 11437(f), 4601, 4602, 4621-4636, 4638, 4651-4655 et seq.),

F. 2 CFR Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements; Final Rule,

G. U. S. Treasury Department Circular 1075 (Fourth Revision),

H. 41 CFR 1-15 (Contract Cost Principles and Procedures),

I. Government Audit Standards, 1994 Revision, by the Comptroller General of the United States, General Accounting Office,

J. United States Code, as amended, Sections 1501-1508 of Title 5 (formerly theHatch Act), Political Activity Information,

K. Flood Disaster Projection Act,

L. Section 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and abuse patient records (42 U.S.C. 290 dd.3 and 290 ee-3),

M. Drug Abuse Office and Treatment Act of 1972 as amended, relating toNondiscrimination on the basis of drug abuse (P.L. 92-255),

N. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment And Rehabilitation Act of 1970 as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism (P.L. 91-616),


O. The Age Discrimination Act of 1975, as amended which prohibits discrimination on the basis of age (42 U.S.C. 6101 et seq.),

P. Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination on the basis of handicaps (29 U.S.C. 794),

Q. The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.),

R. Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of handicaps (20 U.S.C. 1681 et seq.),

S. Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin (P.L. 88-352),

T. Title VIII of the Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing,

U. Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and the requirements of any other nondiscrimination statute(s) which may apply to the application,

V. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act (40.327-333), regarding labor standards for federally assisted construction sub agreements,

W. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205), Energy Policy and Conservation Act, 12 USC 6201, Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 USC 6962.

X. Fair Labor Standards Act of 1938 also known as Child Labor Laws, as applicable. Child labor Laws (29 USC 203): Employment of Minors between Fourteen (14) and Sixteen (16) Years of Age (Subpart C), Occupations


Particularly Hazardous for (18) Years of Age or Detrimental to Their Health or Well-being (subpart E).

Y. 29 Code of Federal Regulations (CFR) Part 95 Appendix A (3) minimum wage requirements.

Z. The proposer understands that LVWDB is required to adhere to the provisions of Pennsylvania Right to Know Law.

16. LVWDB Right to Reject or Accept

LVWDB retains the right to accept, modify, reject entirely, or partially reject portions of an application.
