Central Ohio Workforce Investment Corporation. Request for Proposals (RFP) For

Transcription

1 Central Ohio Workforce Investment Corporation Request for Proposals (RFP) For Payroll with On-Line Application & Temporary Personnel Staffing Services Issued July 16, 2012 Proposals must be received no later than 12:00 Noon EDT August 7, 2012 PROPOSALS SHOULD BE DIRECTED TO: Winford Dearing, Procurement Manager Central Ohio Workforce Investment Corporation 1111 East Broad Street, Suite 201 Columbus, Ohio

2 Table of Contents PUBLIC NOTICE... 4 REQUEST FOR PROPOSAL... 4 OVERVIEW AND PLAN... 5 PURPOSE... 5 PROCESS... 5 OVERVIEW OF THE PROJECT... 6 FUNDING... 6 CONTRACT TERM... 6 SCOPE OF WORK... 7 PAYROLL REQUIREMENTS... 7 ON-LINE APPLICATION REQUIREMENTS... 8 TEMPORARY PERSONNEL STAFFING... 8 VENDORS LIBRARY... 8 WHO MAY RESPOND... 8 ANTICIPATED TIME TABLE... 9 INSTRUCTIONS ON PROPOSAL... 9 CLOSING SUBMISSION DATE... 9 CONDITIONS OF PROPOSAL... 9 CONTENTS...10 EVALUATION...10 REVIEW PROCESS PROTESTS OF AWARDS PROPOSAL CHECKLIST ATACHMENT 1 PROPOSAL COVER SHEET ATTACHMENT 2 EXECUTIVE SUMMARY ATTACHMENT 3 SCOPE OF WORK ATTACHMENT 4 TECHNICAL RESPONSE ATTACHMENT 5 EXPERIENCE IN MANAGING PAYROLL FOR SIMILAR SIZED PROGRAMS ATTACHMENT 6 COST PROPOSAL PAYROLL SERVICE ATTACHMENT 7 COST PROPOSAL TEMPORARY PERSONNEL STAFFING SERVICE

3 ATTACHMENT 8 CERTIFICATE OF INSURANCE ATTACHMENT 9 AUDITED FINANCIAL STATEMENTS ATTACHMENT 10 STANDARD ASSURANCES AND CERTIFICATIONS

4 Public Notice Request for Proposal (RFP) The Central Ohio Workforce Investment Corporation (COWIC), representing Workforce Area 11, Columbus and Franklin County, Ohio, is now soliciting Request for Proposals from qualified vendors interested in providing payroll services including on-line application services and temporary personnel staffing services. Proposals must be received no later than 12:00 noon, August 7, The Request for Proposal is available on COWIC s website at under Vendor Library, Open RFP s. The website will be used as the primary mode of communication between COWIC and potential vendors. Beginning July 17, 2012 interested parties can download the Request for Proposal, and learn of upcoming events and deadlines. COWIC Website Information A question-and-answer document on the website will be updated at least weekly (see below). That document along with a Library of forms, attachments and updates for this RFP can be accessed from the COWIC website at It is the vendors responsibility to check the website frequently to stay connected throughout this process. If you do not have the capacity to download large electronic files, proposals can be picked up at the address below by contacting: Konny Marlowe Central Ohio Workforce Investment Corporation 1111 East Broad Street, Suite 201 Columbus, Ohio Phone: Vendor Q&A Vendors may submit questions in writing via . Questions will be answered beginning July 17, Questions and answers will be posted on COWIC s website as needed. Questions must be submitted no later than 5:00 pm July 27, To submit a question to COWIC, kmarlowe@cowic.org Subject: Payroll and Temporary Personnel Services RFP Questions Background COWIC is a local Not-for-Profit corporation which serves Columbus and Franklin County, Ohio, by the mutual agreement of the Mayor of Columbus and the Commissioners of Franklin County, Ohio. COWIC s mission is to meet employment needs of businesses and job seekers to support economic development in Central Ohio. COWIC s customers include adult, youth, laid-off workers, job seekers, incumbent workers and employers. 4

5 COWIC was established and incorporated in January, 2004 for the purpose of providing various workforce development programs, training functions and programs, economic development services, and other employment services for the region. I. OVERVIEW AND PLAN A. Purpose COWIC desires to enter into a contract for payroll services including on-line application services, and temporary personnel services with a staffing/personnel vendor to provide: Payroll services including an on-line application service Temporary personnel recruitment screening, and placement services for COWIC Provide pre-employment background checks and drug screenings for all of COWIC permanent hiring needs The payroll services to be provided are for the Work Experience Programs for eligible adult, youth, laid-off workers and job seekers. COWIC s goal is to serve approximately 1200 eligible participants through the youth Summer Work Experience Program, along with year round Work Experience Programs for all job seekers. COWIC also anticipates utilizing temporary personnel over a one-year period. COWIC hired eight (8) permanent employees from July 1, 2011-June 30, The training participants and temporary personnel will be employees of the Vendor and enrolled in the payroll system of the successful Vendor. COWIC requires the successful Vendor to have an automated application service which meets the needs of COWIC as described in this RFP. The automated application services must be fully compatible with the payroll services. B. Process The submission of a bid does not commit COWIC to award a contract or to pay the costs incurred in the preparation of the proposal, or to otherwise procure services or supplies. COWIC reserves the right to accept or reject any or all proposals in full or in part. Proposals will be reviewed for accuracy, consistency and completeness. COWIC may request additional information to aid in review and selection. All requested amounts are subject to negotiation based upon final approval from COWIC. Vendors should read the entire contents of this RFP since provisions contained herein may affect your organization s decision to submit a proposal. All questions should be answered completely, honestly and to the best of your organization s ability. All directions should be followed. 5

6 C. Overview of the Project Vendor will provide automated payroll services beginning January 1, Vendor will provide a browser based, automated transactional payroll system. The payroll application must provide both front and back office functionality along with custom reporting. Vendor will provide a dedicated account manager to serve as liaison to COWIC, staff members, and field supervisors during the Work Experience Program. As part of the Work Experience Program, the Vendor will provide an online, automated payroll application accessible via a web portal that supports the on-boarding process for participants scheduled to begin training. The Vendor will be the employer of record in accordance with applicable federal, state and local rules and regulations. Vendor will maintain this information in an approved database including W-4 enrollment, I-9 completion and provider s access to program data. In addition to the automated payroll services, the Vendor will provide technical assistance training and training manuals to COWIC and its users (Eligible Applicants, Vendors and Partners) for the automated application that will be used to upload all payroll data for the Work Experience Programs. The on-line application must comply with all applicable local, state, and federal requirements for program eligibility, including, but not limited to the following: Workforce Investment Act (WIA), Community Development Block Grant (CDBG), Temporary Assistance for Needy Families (TANF), and others based on requirements needed to determine the eligibility and ultimately the allocation of funding for such program. COWIC will need the ability to generate both standard and exception reports. COWIC requires that the go-live date for the on-line application be January 1, If system modifications are not completed by January 1, 2013, the selected Vendor will be required to submit a final Work Schedule within five business days of contract execution. The successful Vendor will become COWIC s temporary personnel service provider immediately upon approval of contract. Any temporary staff previously assigned to COWIC will remain with the current vendor. Funding This contract will be funded through the Workforce Investment Act CFDA# s (Youth), (Adult), (Dislocated Worker), City of Columbus General Revenue Funds, Temporary Assistance for Needy Families (TANF) CFDA# and any other federal, state, or local funding that is available for these services. Contract Term COWIC is seeking to contract with a vendor for Contract Year (CY) January 1, 2013 to December 31, The contract with the selected vendor will be subject to one optional 6

7 renewal. The renewal would be from January 1, 2015 through December 31, Renewals are contingent upon the availability of funds and satisfactory performance of the selected vendor. II. SCOPE OF WORK A. Payroll Requirements 1. Fully integrated to ensure enrollment and collection of data through the on-line application process. 2. For the Summer Work Experience payroll will be processed on a bi-weekly basis. 3. The timing of deposits will be determined by COWIC. The Vendor will make payroll information available online to the community based provider. Participants must be allowed to select the bank of their choice. 4. Ability to assign multiple funding sources to each participant. 5. Provision of data and reports as COWIC requires assuring compliance with program objectives. The reports will be provided through a web-based program and will have the ability to be exported in multiple formats, including Excel and pdf. 6. Ability to sort/roll-up payroll (individual payrolls and cumulative) by: Time period (calendar month) Contractor/Provider (at least 3 digits) Funding program (at least 1 digit) Participant (at least 4 digits, possibly last four digits of SSN) 7. Must provide proof of the following coverage: Workers compensation for each participant State unemployment insurance General Liability, Professional Liability, theft and fraudulent acts, other Signed certification of discharge of tax liability for each payroll 8. Payroll Process: Vendor will be responsible for training all users, including, but not limited to COWIC staff, One-Stop Partners, vendors, participants, and other community based providers in all enrollment activities. Vendor must assure all participants are approved and enrolled in the payroll system and assure attendance and time records are maintained. 9. Quality Assurance: Quality Assurance includes but is not limited to: Requirements, if any, for participant drug screenings and background checks; Procedures if participant cannot provide social security number; Procedures for and proof of obtaining a work permit for each participant requiring the same; Proof of eligibility to work in the United States; I-9 Certification and all other required work documentation; Provide participant enrollment forms and instructions to each user; Coordination of direct deposit with the related financial institution and access payroll information online; Bi-weekly estimates of the payroll costs. 7

8 B. On-Line Application Requirements 1. Fully integrated with payroll system. 2. Application must comply with applicable local, state and federal requirements. 3. Ability to generate Adhoc reports. 4. Provide user manual and training. 5. Ability to access 24 hours/7 days per week, from any standard internet browser. 6. The application must consist of the following components pursuant to the Workforce Investment Act of 1998 (WIA): Ohio Department of Job and Family Services Workforce Investment Act Transmittal Letter No. 27 and Transmittal Letter No. 113, Temporary Assistance to Needy Families (TANF), Community Development Block Grant (CDBG), and others based on requirements needed to determine the eligibility and ultimately the allocation of funding for such programs. (These documents will be posted on the COWIC website under Vendor Library) C. Temporary Personnel Staffing Separate and apart from payroll services and the on-line application, COWIC desires to enter into a contract with an employment agency to provide contracted temporary personnel for COWIC. Services would include: Identify candidates and present for interviews Skills assessment Reference checks Credit check (if required) National Background check Drug Screen Provide pre-employment background checks and drug screenings for all of COWICS hiring needs. Offer temp-to-perm option with no placement fee after agreed upon time period working as a temporary employee, preferably no longer than 60 days D. Vendors Library There is no specific library of documents, reports or other information that Vendors for this RFP should consider. However, a wide variety of information and reference material is available on the COWIC website at E. Who May Respond Staffing and personnel vendors with an office in Franklin County, Ohio who have the capability of providing an on-line application service for enrollment and the ability to meet an intensive processing workload for the youth Summer Work Experience. 8

9 Anticipated Time Table July 16, 2012 Release RFP July 17, 2012 Advertise and release the RFP on the website. July 17, 2012 Start Q &A questions July 27, 2012 Last day to submit questions. August 7, 2012 Bids due to COWIC, 1111 E. Broad Street, Suite 201, Columbus, Ohio 43205, by 12:00 NOON. August 10, 2012 Evaluation Committee meets and reviews bids August Vendor Presentations if necessary August 20, 2012 Recommended Vendor presented to CEO August 23, 2012 Recommended Vendor presented to Finance Committee. August 29, 2012 Recommended Vendor presented to Executive Committee. September 12, 2012 Recommended Vendor presented to Board for approval September 13, 2012 Notification of Award January 1, 2013 Contract Start Date COWIC reserves the right to modify this schedule. F. Instructions on Proposal Submission Vendors will submit two (2) separate proposals. Each proposal will be scored separately. It is COWIC s desire to award both components to one Vendor. 1. Payroll services including On-Line Application services 2. Temporary Personnel Staffing Closing Submission Date Proposals must be submitted no later than: 12:00 noon, Wednesday, August 7, Conditions of Proposal Each proposal must be submitted in the following format: Typewritten, single-spaced, on 8.5 x 11 (letter size) plain white paper Divided into separate sections (see proposal check sheet) Copies should be stapled, with one staple in the left hand corner All documents must be secured as one package by rubber band or cord Special binders or covers are not permitted Please submit one (1) original and six (6) copies of the proposals and one CD ROM copy of the Proposal in an envelope marked: Winford Dearing, Procurement Manager Request for Proposals/Payroll Bid 9

10 Central Ohio Workforce Investment Corporation 1111 E Broad St., Suite 201 Columbus, Ohio s or faxes will not be accepted. Proposals may be judged non-responsive and removed from further consideration if any of the following occur: 1. The proposal is not received timely in accordance with the terms of the RFP 2. The proposal does not follow the specified format. 3. The proposal is incomplete and not adequate to form a judgment by the reviewers. G. Contents Proposals submitted in response to this RFP must be in the following order, and must include the following items to be considered complete for further evaluation: 1. Cover Page 2. Executive Summary - Vendor proposals must describe in detail how the entire scope of work will be addressed to the satisfaction of COWIC in accordance with the standards, requirements, and expectations set forth in the RFP. Limit summary to two (2) pages. 3. Scope of Work - Describe the capability of the Vendor to carry out the initiative described in Section H, SCOPE OF WORK. Please reference each item in your proposal and respond to each one. If an item is not applicable or no effort is planned for a particular item, identify the item and indicate N/A. 4. Technical Response/Organizational Experience and Capabilities - Describe responsibilities of key staff that will be involved with COWIC s account. Indicate roles and responsibilities of key staff. What experience do you have working with a WIA Board and the population to be served? 5. Experience in managing payroll for similar sized programs specifically relating to youth. H. Evaluation Evaluation of each proposal will be based on the following criteria: 1. Scope of Work - Capability to perform the work 35 points Documentation of extensive experience in providing payroll services for similarly funded programs. Scope of Work must address the following: Scope Approach Project Organization Risk Management Quality of product and service proposed Experience in managing payroll for similar sized programs specifically to 10

11 youth Cost effectiveness Deliverable Date 2. Technical Response/Organizational Experience and Capabilities - 40 Points The Vendor s experience working with COWIC and working with youth ages and adults/dislocated workers. Provide resumes for each proposed project team member that clearly demonstrates technical and subject matter expertise required by this RFP. The Vendor s experience in working with WIA or other organizations that provide like programs. 3. Financial Response (see form Attachments 5,6,7) - 25 Points Payroll Service including on-line application add on rate Temporary Personnel Staffing add on rate, cost of background check and drug screen Total: 100 pts. I. Review Process COWIC reserves the right to make an award without further discussion of the proposals submitted. COWIC will award the contract to the responsible Vendor with the highest total points. COWIC reserves the right to make appropriate changes to Participant service levels for Work Experience Programs. J. Protest of Awards Vendors who have submitted a proposal may protest the award of the contract setting forth both factual and legal grounds for the protest. The basis of the protest must be for violation of a state or federal contracting law, rule, or regulation which is applicable to the contracting process. The protest shall be in writing and shall contain the following information: 1. The name, address and telephone number of the protester; 2. The name of the RFP being protested; 3. A detailed statement of the legal and factual grounds for the protest, including copies of relevant documents; 4. A request for ruling by COWIC; 11

12 5. A statement as to the form of relief requested from COWIC; and 6. Any other factual and legal questions at issue in the written protest. During any part of the review or consideration, the protester may be asked to clarify statements or to provide proof of claims or other statements. Any such requests must be fully responded to within a reasonable time designated by the Central Ohio Workforce Investment Corporation. In the event a protester fails to respond, the protest will be dismissed and no further protest will be accepted relative to this request for proposal. The Central Ohio Workforce Investment Corporation will review the protest according to its complaint procedures and issue a written response that is intended as a complete and final answer to the protest. Protests shall be filed no later than 5:00 pm of the eighth (8) calendar day after the issuance of formal letters sent to vendors regarding COWIC s intent to make an award. The date on these letters responding to vendors is the date used to determine if a protest regarding the intent to award is submitted by the end of the protest period. Protests must be sent via to address below and a hard copy sent by Certified U.S. Mail to the attention of: Shirley Costantino, CFO/COO 1111 E. Broad Street, Suite 201 Columbus, Ohio COWIC shall issue written decisions on all timely protests and shall notify any vendor who filed an untimely protest as to whether or not the protest will be considered. By participating in this RFP process, each vendor agrees that any court action taken by a vendor in regard to the award of the contract will be filed in the Franklin County Court of Common Pleas within 30 days of the award. III. PROPOSAL CHECKLIST Proposals with incomplete or missing sections will be considered ineligible, and will not be considered. Please take the time to complete this checklist to ensure that all of the following information is included in your proposal package: Attachment 1 Cover Page (This document must be fully completed) Attachment 2 Executive Summary Attachment 3 Scope of Work Attachment 4 Technical Response 12

13 Attachment 5 Experience in managing payroll for similar sized programs specifically relating to youth Attachment 5 Cost Proposal - Payroll Services including on line application process Attachment 7 Cost Proposal Temporary Personnel Staffing Services Attachment 8 Certificate of Insurance Attachment 9 Audited Financial Statements Attachment 10 Standard Assurances and Certifications 13

14 Attachment 1 Proposal Cover Sheet CY 2013 Payroll with On-Line Application & Temporary Personnel Staffing Services Name of Organization: Main Address: Contact Person : Phone: Fax: address: Fiscal contact person : Phone: Fax: address: Signatory Authorization Name Title 14

15 Type of Business (Sole Proprietor, LLC, Corp, Non Profit, etc.) What is the organization s Federal Tax ID number or the Name and Federal Tax ID number of the legal entity that will act on behalf of the Organization. Is your organization (or the legal entity identified above) certified as a minority business enterprise? Yes No Is your organization minority owned and/or operated? Have any of the applicant s Federal, State or City contracts or grants ever been terminated or suspended (either totally or partially) for any reason? Yes No (If yes, explain on separate sheet) Is applicant in receivership or bankruptcy, or are any such proceedings pending? Yes No (If yes, explain on separate sheet) Has the applicant s organization ever been cited, fined, or reprimanded for any law or code violations or has any business license been suspended or revoked? Yes No (If Yes, explain on separate sheet) Has the applicant agency and its staff or director ever been barred from entering contracts with Federal or State government agencies? Yes No (If Yes, explain on separate sheet) Yes Indirect Cost Rate If your Organization has an approved Indirect Cost Rate, complete the following: o Identify the Rate o Identify the cognizant Agency o Attach copy of IRS Determination Letter List three business references for which you have provided similar programs Name Address Contact Person No ORGANIZATION INFORMATION Governing Body, Board of Directors or Principles (attach separate sheet if needed) Name Title Address Telephone 15

16 Attachment 2 - Executive Summary Responses should clearly identify Payroll Services with on-line application and Personnel Staffing Services. Attachment 3 - Scope of Work Responses should clearly identify Payroll Services with on-line application and Personnel Staffing Services. Attachment 4 - Technical Response Responses should clearly identify Payroll Services with on-line application and Personnel Staffing Services. Attachment 5 Experience in Managing Payroll for Similar Sized Programs Please describe in detail your experience in similar programs, specifically as it relates to working with the summer volume for youth. 16

17 Attachment 6 - Cost Proposal - Payroll Services Please calculate costs for contract year 2013 and 2014 along with a budget for 2015 renewal period all federal, state and local income tax, FICA, FUTA, unemployment compensation, workers compensation, etc., which must be maintained at the required levels by law. Please submit your proposed cost calculation as a percentage add-on rate. The rate should include withholding and timely remittance of all federal, state and local income tax, FICA, FUTA, unemployment compensation, workers compensation and other payroll payments and contributions. Description FICA FUTA SUTA Workers Comp General Liability S, G&A Other Deductions (List) % Rate CY2013 1/1/ /31/2014 % Rate CY2014 Option Year 1/1-12/31/2015 % Rate CY2015 Profit Margin Total Payroll processing fee as a % add on to participant hourly salary Total Add On Percentage 17

18 Attachment 7 - Cost Proposal - Temporary Personnel Staffing Services We estimate that temporary staff members would be placed over a one-year period. COWIC hired 8 employees last year. Quote the cost per recruit to include: DESCRIPTION % Cost CY2013 % Cost CY2014 FICA FUTA SUTA Workers Comp General Liability S G&A Skills assessment Reference checks $ $ $ Credit check (if $ $ required) National $ $ $ Background check Drug Screen $ $ $ Offer temp-to-perm option with no placement fee after agreed upon time period working as a temporary employee preferably 60 days (480 hours) Profit Add on % % Cost CY2015 Optional Year *Cost for Reference checks, Background Checks and Drug Screenings should be quoted as cost for Post-Employment and a percentage add on for temporary employees. For drug screenings please identify your standard test panel identifying the drug group, the EIA screen cut off levels and detection levels. Identify other drug testing services and the turnaround time. Please include a sample of background and reference questions and how those questions could be modified for COWIC. 18

19 Typical staff members that have been hired for temporary time periods are: Data entry personnel Receptionist Accounting personnel Administrative office personnel Please calculate for contract year 2013, 2014 and 2015 (renewal period) all costs including FICA, FUTA, unemployment compensation, and workers compensation, and all other employer costs expected to be passed on to COWIC. Attachment 8 Certificate of Insurance Workers Compensation & Public/Professional Liability Insurance & Indemnity: The VENDOR shall comply with all Workers Compensation Laws of the State of Ohio and shall carry at least the following minimum amounts of insurance: General Liability $3,000,000 Automobile $1,000,000 Excess Umbrella $2,000,000 Employer Liability $2,000,000 Third Party $2,000,000 Attachment 9 Audited Financial Statements All responders must attach a copy of the following: Most recent Audited Financial Statements, Single Audit A133, or Program Specific Audit Must include the sign-off date of the audit and disclosure of full compliance (footnotes). Must include Management of Cash Flow Statements If none of the above documents is available the responder may include a Review of Financial Statements or Compliance (Balance Sheet only) with an explanation of why audited financial statements are not available. 19

20 Attachment 10 Standard Assurances and Certifications For WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds By signing these WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds program Standard Assurances and Certifications on the line below, vendor s authorized representative is providing to Central Ohio Workforce Investment Corporation on behalf of vendor the assurances and certifications as detailed in the attached documents. Vendor s Name: (Print Name) Title: (Authorized Signature) Date: 20

21 ASSURANCES AND CERTIFICATIONS Central Ohio Workforce Investment Corporation ( COWIC ) will not award a contract to vendor if vendor has failed to make the ASSURANCES AND CERTIFICATIONS contained in this document, which assurances and certification shall be deemed a part of the subgrant contract between COWIC and vendor referenced on the cover page of this document (the Contract ). In performing its responsibilities under the Contract, vendor hereby certifies and assures that it will fully comply with the following: A. Assurances - Non-Construction Programs B. General Conditions By signing the Contract, vendor is providing the assurances and/or certifications referenced above as detailed below: [NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact COWIC.] A. ASSURANCES NON-CONSTRUCTION PROGRAMS As the duly authorized representative of vendor, I certify that vendor: 1. Has the legal authority to apply for Federal assistance and the institutional managerial and financial capability (including funds sufficient to pay the non- Federal share of project costs) to ensure proper planning, management and completion of the project described in the Contract; 2. Will give COWIC, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the Contract; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain; 4. Will initiate and complete the work contemplated under the Contract within the applicable time frame after receipt of approval of COWIC; 5. Will comply with all applicable requirements of all other Federal, state and local laws, executive orders, regulations and policies governing this program. B. GENERAL CONDITIONS In order to receive WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds under the Contract, vendor agrees to: 1. Comply with the provisions of WIA, City of Columbus General Revenue Funds,

22 TANF, and other federal, state or local funds and all other applicable Federal, state and local laws, rules and regulations. Copies of the Act and related regulations are available from COWIC; 2. Maintain, at the vendor s sole cost and expense, adequate general liability; workers compensation; professional liability and automobile liability insurance during the effective period of the Contract; and 3. WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds shall not be used to promote or discourage union organizing. 4. No fees may be charged to a WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local program participant for referral or placement in the program. 5. No WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds shall be used, or proposed to be used, to encourage or to induce the relocation of establishments, or parts thereof, that result in the loss of employment for any employee of such establishment at the original location. 7. Vendor s WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local program or activity shall not impair existing contracts for services or any collective bargaining agreement(s). 8. No WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds shall be used by vendor to provide services to non-eligible individuals. 10. Expenditures of WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds by vendor shall be in accordance with the Contract. It is understood and agreed that the effective date of the Contract is the date of commencement of WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local program services by vendor as contemplated by the Contract. 11. All materials and equipment purchased with WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds shall be and shall remain the property of COWIC. 12. COWIC reserves the right to reduce or completely withdraw the funds obligated under the Contract in the event that vendor fails to expend or to show adequate progress in utilizing the WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds as contemplated by the Contract within a reasonable time period. Vendor shall require that the foregoing assurances and certifications be included in the award documents for all subcontracts related to the Contract at all tiers (including subcontracts and contracts under grants, loans and cooperative agreements) and that all sub vendors or subcontractors shall certify and disclose the same accordingly. The foregoing assurances, certifications and agreements of vendor are material representatives of fact and conditions upon which, with vendor s consent, COWIC has materially relied in connection with the award of WIA, City of Columbus General Revenue Funds, TANF, and other federal, state or local funds and the execution of the Contract. The certifications set forth in Section C above are imposed by Section 1352, Title 31, U.S.C., as a prerequisite for making an award of WIA, City of Columbus General

23 Revenue Funds, TANF, and other federal, state or local funds to, and entering into the Contract with, vendor. Any person who fails to complete 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.