Institutional training contract




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BWT-881

(11/2009)


INSTITUTIONAL TRAINING CONTRACT




Petition No.


Contract No.


Filing of this form is voluntary; however, it must be completed for involvement in Institutional Training.



1. Sponsor MWA Name, Address, & Phone Number:


Name & Address:

Phone Number:



2. Contractor Name, Address & Phone Number:


Name & Address:

Phone Number:




3. Training Beginning & Ending Dates:


This contract is entered into between _________________________ hereinafter called the Sponsor under the

Trade Act of 1974, as amended, and ________________________, hereinafter called the Contractor. The parties agree the Contractor will train the person as named below and provide all specified training services. In consideration for the services to be provided by the Contractor for the period of time indicated above, the Contractor will receive an amount not to exceed the total shown below.
Such amount will be paid pursuant to terms and conditions set forth in this contract.

Claimant Full Name & Address: Social Security Number:

Phone Number:

E-mail:


Degree/Certificate:

4. Total Training Cost: $___________________


5. Name & Location of Training Facility: ____________________________________

(if different than Contractor's)

____________________________________


The Michigan Department of Energy, Labor & Economic Growth, in compliance with applicable federal and state laws, does not discriminate in employment or in the provision of services based on race, color, religion, sex, national origin, age, disability, height, weight, marital status, arrest without conviction, political affiliation or belief, and for beneficiaries only, citizenship or participation in any federally assisted program or activity.



BWT-881


(11/2009)

Page 2



    6. Provide a brief description of training to be provided and a justification for chosen occupation. It is understood that the trainee will be employable upon completion of the training.

Trainee Name


Occupation


ONET Code


Credit Hrs


Hrs per Week


No. of


Actual Training

Weeks















7. Course Description: Provide the full training curriculum. The Sponsor MWA will not pay for classes that are not specified in this clause. (Attach additional pages, if necessary.) The Sponsor MWA will not make funds available for reimbursement of training-related costs paid for by any other funding source.

BWT-881

(11/2009)



Page 3
8. Program Costs Table:

Tuition

Amount

Tuition



Application Fees




Registration Fees




Course Fees




Books and Instructional Supplies




Tools and Equipment




Other (Specify in No.10)





















TOTAL

$


A contract may be written for either tuition or fixed costs. Once the contract is signed, it cannot be modified regarding this choice.


9. Fiscal and Budgetary Controls: Payment by the Sponsor (MWA) to the Contractor will be as follows:
A. Reimbursement by the MWA will be made for costs not covered by another source. If payment is made by another source after the MWA payment is received, reimbursement will be made to the MWA of all duplicate payments, within 14 business days.


  1. The Contractor shall submit to the Sponsor MWA two copies of the invoice detailing costs, according to the schedule indicated below.




  1. The Contractor agrees to complete and submit a monthly evaluation report for each trainee.

D. The Contractor shall submit its final invoice within 90 days from the ending date of the contract or the completion of performance, whichever comes first. If the invoice is late, good cause must be provided for the delay. If not provided, the account will be closed and all remaining monies deobligated.


E. If, at the conclusion of this contract, it is determined that payments were made in excess of actual allowable charges, the Contractor shall reimburse the MWA for the amount of overpayment.

BWT-881


(11/2009)

Page 4



          1. Tools and equipment specified in this contract and provided to the trainee, shall remain the property of the MWA until satisfactory completion of the training program.

G. Funding Agreement: Under Federal appropriation law, the MWA may not enter into any agreement that legally obligates Federal funds that have yet to be appropriated, awarded, and allocated to the Michigan Department of Energy, Labor and Economic Growth.


The Sponsor MWA hereby obligates the following funds for training expenses in the amount of

For the Fiscal Year (FY) of October 1, 2009-September 30, 2010 = $


Future obligation of TAA training funds is contingent upon dollars being available from the Michigan Department of Energy, Labor and Economic Growth:
For the FY of October 1, 2010-September 30, 2011 = $
For the FY of October 1, 2011-September 30, 2012 = $
For the FY of October 1, 2012-September 30, 2013 = $

Acceptance of Funding Agreement (Please initial)

Trainee _____ Contractor _____ Sponsor _____





  1. Describe additional contractual agreements, as required. (Specify any attendance or grade reports required.)

Attendance and/or grade reports must be made available upon request of the Sponsor.




  1. Contract Negotiated by:

12. Sponsor MWA Certification: (Concurrence with occupational training objective)





MWA Director or Designee
Signature: Date:
Typed Name:

13. Equal Employment Opportunity Provision: By participating in this contract, the Contractor agrees to abide by the General Provisions contained in the contract in regards to Civil Rights and Equal Employment Opportunities.

BWT-881

(11/2009)



Page 5
14. Signatures of Agreement: I have received, reviewed, and agree to comply with all provisions of this contract.
MWA Sponsor

MWA Name


Director/Designee Typed Name



Director/Designee Signature



Date


Contractor

Contractor Name



Contractor/Designee Typed Name



Contractor/Designee Signature



Date


Trainee

Trainee Signature



Date


BWT-881

(11/2009)

Page 6
GENERAL PROVISIONS: INSTITUTIONAL TRAINING PROGRAM
1. COMPLIANCE WITH APPLICABLE LAWS
The Contractor will perform its duties in accordance with the laws cited in this contract and the regulations, procedures, and standards promulgated there under. The Contractor will comply with all applicable Federal, State, and local laws, rules, and regulations that deal with, or are related to, the performance of this contract. This contract does not relieve the Contractor of responsibility for compliance with the provisions of the Fair Labor Standards Act, as amended.
2. SPONSOR DEFINITION
It is mutually agreed that whenever the terms Secretary, Contracting Officer, Sponsor, or Government are used in the General Provisions, they shall for the purpose of this contract be construed to mean the Department of Energy, Labor and Economic Growth unless the contract clearly indicates otherwise.
3. RESTRICTION OF INDEPENDENT AGENT
The Contractor represents: (a) that it has not employed or retained any company or person (other than a full-time bona fide employee working solely for the Contractor) to solicit or secure this contract; and (b) that it has not paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the Contractor) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above as requested by the MWA. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
4. RETENTION OF RECORDS
The Contractor shall preserve and make available records until the expiration of three years from the date of final payment under the contract, or for such longer period, if any, as is required by applicable statute, or by other clauses of this contract. If the contract is partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final statement. The Contractor agrees to grant the Sponsor access for the purpose of periodic onsite reviews of program operation and of the records thereof during the life of the contract and for three years after completion.
5. CONFIDENTIALITY
The Contractor agrees to maintain the confidentiality of any information regarding MWA applicants or their immediate families, which may be obtained through trainee forms, interviews, tests, reports from public agencies or counselors, or any other source. Applicant information may not, under any circumstance, be shared with any outside party.

BWT-881


(11/2009)

Page 7
6. TERMINATION OF TRAINEE


Trainees will not be terminated without prior notice to the individual(s) and the Sponsor. Reasonable opportunity must be given for correction or improvement of performance.
7. EQUAL EMPLOYMENT OPPORTUNITIES
In connection with the performance of work under this contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, height, weight, handicap, marital status, or sex. The Contractor will take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, religion, color, national origin, age, height, weight, handicap, marital status, or sex. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
b. The Contractor will comply with the civil rights and equal opportunities provisions of:
(1) Titles VI and VII of the (federal) Civil Rights Act of 1964,
(2) The (federal) Age Discrimination in Employment Act,
(3) Section 504 of the (federal) Rehabilitation Act of 1973,
(4) The (Michigan) Elliot-Larsen Civil Rights Act,
(5) The (Michigan) handicappers Civil Rights Act
or any other applicable legislation.
8. CONTRACT MODIFICATIONS
The Sponsor may from time to time expand, diminish, or otherwise modify the scope of services to be performed by the Contractor, including any increase or decrease in the amount of Contractor compensation pursuant to this contract, provided such changes or modifications are mutually agreed upon by and between the Sponsor and the Contractor. Such changes shall be incorporated in written modification to this contract.
9. NON-COMPLIANCE
In case of delay, non-performance, or partial performance on the part of the Contractor in meeting contract requirements, including contract performance or financial reporting:
a. Within seven (7) days from the discovery of a violation, the Sponsor will give notice to the Contractor of such violations.
b. The Contractor will be allowed seven (7) days from receipt of written notice in which to correct said violation or negotiate a solution acceptable to the Sponsor and Contractor.

BWT-881


(11/2009)

Page 8
c. If, after seven (7) days, said violation has not been rectified to the satisfaction of the Sponsor, the Sponsor may take whatever action is necessary to terminate this contract as outlined in Section 10 of these provisions.


10. TERMINATION OF CONTRACT
The Sponsor may, by giving reasonable written notice through certified mail, specifying the effective date, terminate this agreement in whole or in part for cause. Reasonable notice shall be at least thirty (30) days. Cause shall include:
a. Failure for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this contract and any changes thereto mutually agreed upon, and failure to correct said problems as set forth under Section 9 of these provisions, except delays beyond the control of the Contractor;
b. Submission by the Contractor to the Sponsor of reports that are incorrect or incomplete in any material respect, if the same are not corrected as set forth in Section 9 of these provisions;
c. Improper use of funds provided under this Contract; and
d. Whenever for any reason the Sponsor shall determine that such termination is in the best interest of the Government.
If the Contractor is unable or unwilling to comply with any additional conditions as may be lawfully applied by the Sponsor, the Sponsor shall terminate the contract by giving reasonable written notice as defined above signifying the effective date thereof. If the contract is terminated pursuant to this section, the Contractor shall have 60 days from the date of said termination to present expense reports to the Sponsor for its consideration and payment.



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