ESBD_File_328120_RFQ Postage Machines.pdf

100 N. Santa Rosa, Suite 120 San Antonio, Texas 78207 workforcesolutionsalamo.org

Revised May 052022

PROCUREMENT & CONTRACT MANAGEMENT

Date of Issue: June 19, 2023

RFQ 2023-020 REQUEST FOR QUOTE

PURCHASE OF:

POSTAGE METER MACHINE LEASE

Introduction The Workforce Solutions Alamo (WSA) Board serves as the governing board for the regional workforce system, a network of service providers and contractors that brings people and jobs together. We represent the taxpayers of the 13-county Alamo region. Our membership reflects the diverse constituencies of the regional community: business, economic development, education, labor, community organizations and government. Workforce Solutions Alamo serves Atascosa, Bandera, Bexar, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, McMullen, Medina and Wilson counties.

WSA’s Procurement and Contracts Management Department is responsible for administering the procurement of goods and services for its operations. WSA is committed to conducting procurement acquisitions to the maximum extent practical, in a manner providing full and open competition consistent with the standards of Office of Management and Budget Circulars, the Grant Management Common Rule, Uniform Grant Management Standards, and the Texas Workforce Commission Procurement Policies and Procedures. The Procurement and Contracts Management department takes necessary and affirmative steps to contract with small and minority business firms and other Historically Underutilized Businesses (HUBs) when possible.

Scope of Work: The Workforce Solutions Alamo (WSA) is requesting quotes, RFQ on postage meter equipment, which is used to support its postage/mailing operations, reduce costs, and send large amounts of mail. The purpose is to provide competitive pricing and maintenance services for leasing a postage unit for eight (8) our WSA locations throughout the San Antonio area.

Written quotes must propose the availability and cost of leased equipment, preventive maintenance, and supplies.

Minimum requirements and specifications for eight (8) machines:

1. Digital Postage meter that is compliant with the current United Stated Postal Service (USPS) regulations.

2. The postage machine must process mixed envelope configurations (i.e., sealed and no seal) and vary in sizes and thickness.

3. The postage machine should have an integrated 5 kg scale that automatically calculates postage.

http://www.workforcesolutionsalamo.org/

4. Postage machines must connect using a Local Area Network (LAN) connection that can be configured for a standard TCP/IP based network environment.

5. Parts, labor, service calls and installation of replacement parts for normal wear.

6. Software/Firmware upgrades- if service plans are required, they must be included in pricing and terms.

7. Training for new operators upon request during the life of the lease

a. See attached for list of locations of operators/ and equipment.

8. Warranty coverage on all proposed equipment to include process and procedures to file warranty claims.

Response Time: The Contractor must respond by verbal or email communication to service call requests as follows:

• Emergency Service – within two (2) hours

• Regular Service – within four (4) to six (6)

• 24/7 Unlimited remote technical support (telephone, e-mail, etc.)

Previous 12 month Spend: $ 5,000

Price Proposal: Please provide proposed pricing in the format provided below.

Price(s) must include the cost of profit, labor, materials, tools, equipment, permits freight, packaging, insurance, overhead, training, support, maintenance, etc. No additional charges will be accepted.

• Cost and Terms to lease- including services cost and any other applicable costs.

• Estimated cost of supplies- Unit price, mailing strips, rolls, digital ink pads or cartridges or any other required supplies.

• Cost structure for warranty, service, and repairs.

If the price is “$0.00” or the item is “not offered,” or “included” within another item, it must be stated as such in the corresponding space below. A “blank” or anything other than the format requested in the space below, may be considered a “no bid.” This information will be used in evaluating the Offeror’s proposal.

Item No.

Item Description Price

1 Rental Rate of Equipment for one postage meter

$ _________/Per Month

2 Maintenance of Equipment for one postage meter

$ _________/Per Month

3 Cost for Supplies (Break down pricing for mailing strips, rolls, digital ink pads or cartridges or any other required supplies)

$_________/ each

4 Misc. (Any additional fees not included in rental rate, must be itemized) $____________/ each

Submission Requirements:

Bid/Proposal Deadline: The deadline to respond to this RFQ is July 3, 2023 by 2 PM CDT.

Responses must include a copy of your general liability insurance and any proof of licenses and/or certifications. Responses may be submitted via email to procurement@wsalmao.org, and must remain valid for at least 90 days.

Proposals must be submitted no later than the date/time indicated above. Offerors may provide electronic or physical submissions of proposal responses as follows:

• Electronic: Offeror must register on BonFire to access the proposal request and to submit required documents: workforcesolutionsalamo.bonfire.com

• Physical: Submit signed sealed proposal in an envelope to include one (1) printed original and one (1) electronic copy on USB thumb drive of the proposal and mark with RFQ solicitation Number and Title indicated on the top of the envelope, to:

Workforce Solutions Alamo Procurement Department 100 N. Santa Rosa, Suite 120 San Antonio, Texas 78207

Point of Contact: If you have any questions regarding the bid specifications or need additional information, please contact Kristen Rodriguez, 210-581-1061, krodriguez@wsalamo.org .

Applicable Authorities

1. All applicable federal statues, regulations, policies, and guidance as presently in effect and as may become effective during the term of this Award.

2. Office of Management and Budget’s Uniform Guidance at 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements and 2 C.F.R.

Part 2900, Department of Labor (DOL) exceptions to 2 C.F.R. Part 200; and

3. Approved Local Workforce Development Board Plan including modifications and amendments.

4. WSA is a non-profit organization exempt from State sales taxes.

Criminal Background Checks: Contracted personnel performing services must adhere to the requirements set forth below. Prior to assigning any individual to perform the Services, Contractor shall perform a criminal background check (in accordance with, and subject to http://www.workforcesolutionsalamo.org/ mailto:procurement@wsalmao.org https://workforcesolutionsalamo.bonfirehub.com/portal/?tab=openOpportunities mailto:krodriguez@wsalamo.org any restrictions or limitations imposed by, Texas law) that includes discovery of any conviction of a felony during the last seven (7) years and Contractor shall confirm that the individual's employment complies with relevant immigration law. Contractor shall not assign Contractor Personnel if that employee has in the last seven (7) years been convicted of a felony or does not meet the requirements under the immigration laws.

Subcontracting: Any subcontracting must be specified in the quote. All subcontracting is subject to applicable federal, state, and local laws, rules, regulations, and policies. If a bidder proposes to subcontract any of the services and activities to be provided, the bidder must indicate which services and activities will be subcontracted and the rationale behind using subcontractors instead of providing the services directly. The bidder must also describe how subcontractors were (or will be) selected and their qualifications, as well as the basis for payments. Subcontractors are subject to the same requirements as the bidder under this bid request and resultant contract.

REFERENCES:

Reference #1 Reference #2 Reference #3

Company Name

Contact Name

Phone

Address

City, State

Email

Website (if any)

Attachments:

Certifications/Assurances

CERTIFICATIONS AND ASSURANCES

Awarded Contractor shall comply with the following:

SECTION 1. Anti-Compete Covenant

Contractor acknowledges that during the course of this contract, it will necessarily be introduced to and become familiar with WSA employees and with their skills and capacities. Contractor promises not to compete with WSA through soliciting, hiring or promising to hire any management employee while such employee is employed by WSA or for a period of one (1) year upon separation of such employee(s) from employment with WSA.

SECTION 2. Charging of Fees

Contractor shall not:

A. charge a fee to an individual for the placement or referral of such individual in or to a program under this Act or to employment; or

B. use WSA Disbursements for the payment of a fee charged to an individual for the placement or referral of that individual in or to a WSA sponsored program or to employment.

SECTION 3. Child Labor Laws

Contractor shall comply with all applicable Child Labor Laws of the United States and the State of Texas.

SECTION 4. Child Support

Contractor certifies that the individual or business entity in this Contract is not ineligible, pursuant to Texas Family Code §231.006 to receive the specified payments and acknowledges that this Contract may be terminated, and payment may be withheld if this certification is untrue or inaccurate. If any subcontract is subject to the same requirement, Contractor will obtain a certification of compliance with the provisions of the statute.

SECTION 5. Conflict of Interest

A. Conflict of Interest shall be avoided by both parties in compliance with 20 CFR Part 627.420(c) for all issues within this Contract.

B. Contractor Standards of Conduct:

1. Contractor shall take every reasonable course of action to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from efforts to gain personal, financial or political benefit, tangible or intangible. Contractor, its executive staff and employees, while administering this Contract, shall avoid situations which could give the appearance that any decision was influenced by prejudice, bias, special interest or desire for personal gain.

2. No relative by blood, adoption, or marriage or any executive or employee of the

Contractor shall receive favorable treatment for enrollment into services provided by, or employment with, the Contractor; Contractor shall also avoid entering into any Contracts for services with a relative by blood, adoption, or marriage; when it is in the public interest for the Contractor to conduct business (only for the purpose of services to be provided) with a relative, Contractor shall, prior to conducting such business, obtain and keep on file, written approval from WSA.

3. Executives and employees of the Contractor will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering the Contract, will exercise due diligence to avoid situations which may give rise to an assertion that favorable treatment is being granted to friends and associates.

4. An executive, officer, agent, representative, or employee of the Contractor will not solicit or accept money or any other consideration from a third person or entity for the performance of an act reimbursed in whole or in part by the Contractor. Supplies, materials, equipment, or services purchased with Contract funds will be used solely for purposes allowed under the Contract.

5. No officer, employee, or paid consultant of Contractor is, or is married to, a Director of

WSA or an officer of WSA.

SECTION 6. Drug-Free Workplace Rule

Contractor shall comply with the Federal Regulations, implementing §§ 5151-5160 of the Drug- Free Workplace Act, 41 U.S.C. § 701 et seq., as amended; for the Department of Agriculture (7 C.F.R. Part 3017), Department of Labor (29 C.F.R. Part 94), Department of Education (34 C.F.R. Part 84), and Department of Health and Human Services (45 C.F.R. Part 76) and certifies that it shall provide a drug-free workplace by:

A. Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee.

B. Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the importance of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug abuse violations in the workplace.

C. Providing each employee with a copy of the policy statement.

D. Notifying the employees in the policy statement that as a condition of employment, employees shall abide by the terms of the policy statement and notifying the employer in writing within five (5) calendar days after any conviction for a violation by the employee of a criminal drug statute in the workplace.

E. Notifying WSA in writing within ten (10) calendar days of receipt of a notice of a conviction of an employee; and

F. Within thirty (30) calendar days of learning of an employee's conviction, take appropriate personnel action against the employee, up to an including termination, consistent with the Rehabilitation Act of 1973 (29 U.S.C. § 794, as amended), or require such employee to participate in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency.

SECTION 7. Economic Development and Relocation Activities

No funds received under this Contract may be used for the following activities:

A. Encouragement or inducement of the relocation of an establishment or part thereof, that results in a loss of employment for any employee of such establishment at the original location.

B. Customized or skill training, on-the-job training, or company specific assessment of job applicants or employees, for any establishment or part thereof, that has relocated, until 120 days after the date on which such establishment commences operations at the new location, if the relocation results in a loss of employment for any employee at the original location.

C. Employment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers and similar activities, and for foreign travel.

SECTION 8. Equal Opportunity Compliance and Assurance

A. The conduct of the parties to this Contract shall be in accordance with the provisions of the provisions of the nondiscrimination and equal opportunity provisions of the following laws, as they may apply to the specific program or activity under this Contract:

i. Section 188 of the Workforce Investment Act of 1998, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participate in any WIA Title I—financially assisted program or activity.

ii. Title VI and VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color or national origin.

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

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

v. The Age Discrimination Act of 1975, as amended,

vi. Non-traditional Employment for Women Act of 1991, as amended.

vii. Applicable provisions of the Clean Air Act (42 U.S.C §7401 et seq.) and the Federal

Water Pollution Control Act, as amended (233 U.S.C. §1251 et seq.)

viii. Nondiscrimination requirements in 29 CFR part 37 and all other regulations implementing the laws listed above. This assurance applies to the Contractor’s operation of the WIA Title I—financially assisted program or activity, and to all agreements the Contractor makes to carry out WIA Title I—financially assisted programs or activities. The Contractor understands that the United States has the right to seek judicial enforcement of this assurance.

ix. and with all applicable rules and regulations promulgated thereunder. In addition, during the performance of this Contract, the TWC, WSA,

x. Contractor, and its Subcontractors will not deny the Contract's benefits to any person and are prohibited from discriminating against any employee or applicant for employment because of race, color, religion, sex, national origin, age, physical or mental disability, temporary medical condition, political affiliation or belief.

Contractor, and any Subcontractors, shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

xi. Americans with Disabilities Act of 1990 and its amendments, which prohibits discrimination against qualified individuals with disabilities.

xii. Texas Commission on Human Rights Act, as amended which prohibits discrimination in employment based on race, color, handicap, religion, sex, national origin, or age (40-70).

xiii. Equal Pay Act of 1963, as amended which requires equal pay for men and women performing equal work; and

xiv. Pregnancy Discrimination Act of 1978, which prohibits discrimination against pregnant women.

B. The TWC has adopted Methods of Administration approved by the U. S. Department of

Health and Human Services and the U. S. Department of Labor governing the TWC's compliance with legal requirements concerning nondiscrimination and equal opportunity.

WSA and Contractor are responsible for adhering to the provisions of those Methods of Administration, as provided by the TWC.

C. The parties to this Contract are responsible for implementing equal opportunity programs and services as required in the Acts and in CFR, Part 34.

D. Contractor shall make a good faith effort to ensure that its employees and personnel reflect the demographic composition of the local Workforce development area, subject to the provisions of Subsection E of this Section 25, below.

E. It is the goal of the TWC and WSA to comply with Texas Government Code, Part 481.101.

Subject to Subsection D of this Section 25, above, WSA and Contractor shall make a reasonable effort to meet the state goal on subcontracts and supplier contracts for the performance of activities required by this Contract to historically underutilized businesses

(HUBs) certified by the State of Texas, as defined in Texas Government Code, 2161.001, 2161.081-082, including any certified women or minority owned business or enterprise.

F. The U.S. Department of Labor (Department) is issuing nondiscrimination and equal opportunity regulations to implement Section 188 of the Workforce Innovation and Opportunity Act (WIOA). Under Section 188(e) of WIOA, Congress required the Department to issue regulations implementing Section 188 no later than one year after enactment of WIOA. The Department's publication of this final rule complies with the statutory mandate.

This final rule creates a new part in the CFR, which mirrors the regulations published in the CFR in 1999 to implement Section 188 of WIA. The Department has made no substantive changes in this final rule; the changes are technical in nature. This final rule adopts the Department's regulatory scheme for Section 188 of WIA verbatim, with technical revisions to conform to WIOA. Specifically, the Department has: Replaced references to the "Workforce Investment Act of 1998" or "WIA" with "Workforce Innovation and Opportunity Act" or "WIOA" to reflect the proper statutory authority; and updated section numbers in the text of the regulation to reflect its new location.

SECTION 9. Fraud and Abuse

A. Contractor shall establish and implement internal program management procedures sufficient to ensure that their employees, customers, and subcontractors are aware of the TWC Fraud and Program Abuse Hotline (1-800-252-3642) and that Hotline posters are displayed to ensure maximum exposure to all persons associated with or having an interest in the programs or services provided under this Contract.

B. Contractor is responsible for reporting to WSA, and WSA is responsible for reporting to the TWC Office of Investigations, any knowledge of suspected fraud, program abuse, possible illegal expenditures, unlawful activity, violations of law or the TWC rules, policies and procedures. No later than five (5) working days from the date of discovery of any such act, the Contractor must complete and submit an incident report regarding such act to WSA.

C. Except as provided by law or court order, the parties to this Contract shall ensure the confidentiality of all Incident Reports. Neither the Contractor, WSA, nor the TWC shall retaliate against any person filing an incident report.

D. Contractor assures that it will perform the contracted activities in conformance with safeguards against fraud and abuse as set forth by WSA, Applicable Law. Contractor agrees to notify WSA of suspected fraud, abuse, or other criminal activity through filing a written incident report within twenty-four (24) hours of knowledge thereof. Theft or willful damage to property on loan to the Contractor shall be reported to local law enforcement agencies within two (2) hours of discovery of any such act.

E. Contractor agrees to cooperate fully with WSA, local law enforcement agencies, and the

State of Texas, U.S. office of the Inspector General, the Federal Bureau of Investigation, and any other duly authorized investigative unit in carrying out a full investigation of all such incidents.

SECTION 10. Grievances and Complaints

In order to address complaints relating to discrimination or a violation of any of the legal authority cited in Part I, Section 3 of this Contract, the TWC has adopted Methods of Administration approved by the U. S. Department of Health & Human Services and the U. S.

Department of Labor establishing complaint processing procedures. Contractor is responsible for adhering to the complaint process provisions set forth in those Methods of Administration, as provided to each Contractor by WSA. In this regard, the Contractor shall notify WSA in writing upon receipt of any such grievances or complaints filed and cooperate with the U.S. Department of Labor, TWC, and WSA in the resolution of any conflict which may occur from the activities funded under this Contract.

SECTION 11. Health and Safety Standards at Contractor Facility

Contractor shall ensure compliance with applicable health and safety standards established under State and federal law, including the Occupational Safety and Health Act of 1970, or with other Regulations, regarding working conditions of the Contractor funded employees of Contractor and of Customers receiving direct services from the Contractor. Contractor shall provide written notification to WSA, and to its payroll agent, of any incident of on-site injury or medical assistance to WSA funded staff or customer, within twenty-four (24) hours of occurrence of such incident.

SECTION 12. Historically Underutilized Businesses

Contractor covenants to make a good faith effort to contract with, or make purchases from, historically underutilized (disadvantaged) businesses certified by the State of Texas, as that term is defined by state law, to wit, Texas Government Code, §2161.001, 2161.181 and

2161.182. Contractor shall maintain documentation of such good faith efforts.

SECTION 13. Lobbying Prohibited

Contractor shall comply with Federal Regulations, implementing § 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Agriculture (7 C.F.R. Part 3018), Department of Labor (29 C.F.R. Part 93), Department of Education (34 C.F.R. Part 82), Department of Health and Human Services (45 C.F.R. Part 93) and certifies that:

A. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

SECTION 14. Minimum Wages

A. In all instances when wages are paid to a Customer enrolled in programs funded under this Contract, and in all instances when a job-ready Customer is placed by the Contractor in unsubsidized employment, the Contractor shall ensure that the Customer is compensated at a rate, including periodic increases, which is no less than the highest of the following standards:

1. the minimum wage rate specified in Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended; or

2. the state or local minimum wage for the most nearly comparable covered employment; or

3. the prevailing rates of pay for persons employed in similar occupations and skill level by the same employer; or

4. the minimum entrance rate for inexperienced workers in the same occupation in the establishment; or if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the community or area; or any minimum rate required by an applicable collective bargaining agreement.

B. Contractor shall not place a Customer in training, or in subsidized employment, for an occupation or skill for which practitioners of that occupation or skill normally are compensated at a rate less than the minimum wage specified in Section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended.

SECTION 15. Nepotism

Contractor consents, warrants and agrees that no officer, employee, or member of the Contractor's governing body shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity as determined under Chapter 573, Texas Government Code, to any governing body of contractor or to any other officer or employee of Contractor authorized to employ or supervise such person.

SECTION 16. Non-Labor Involvement

A. Union Activities

1. No funds under the Act shall be used in any way to assist, promote, oppose, or deter unionization.

2. No individual shall be required to join a union as a condition for enrollment in a program in which only institutional training is provided, unless such institutional training involves individuals employed under a collective bargaining agreement which contains a union security provision.

3. Nothing in this section shall prevent an employer from checking off union dues or service fees pursuant to applicable collective bargaining agreements or State law.

4. An opportunity to comment on proposed training will be afforded to any labor organization representative as appropriate to the Acts and regulations.

B. Labor Disputes Involving Work Stoppage

1. No customer may be placed into, or remain working in, any position which is affected by labor disputes involving a work stoppage. If such a work stoppage occurs during the grant period, customers in affected positions must: (1) be relocated to positions not affected by the dispute, (2) be suspended through administrative leave, and (3) where customers belong to the labor union involved in the work stoppage, be treated in the same manner as any other union member except such members must not remain working in the affected position. Contractor shall make every effort to relocate customers who wish to remain working, into suitable positions unaffected by the work stoppage.

2. No person shall be referred to or placed in an on-the-job training position affected by a labor dispute involving a work stoppage and no payments may be made to employers for the training and employment of customers in on-the-job training during the periods of work stoppage.

SECTION 17. Program Participation

A. Contractor agrees that participation in programs and activities financially assisted under the terms of this Contract shall be open to established residents who are citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees and parolees, and other individuals authorized by the Attorney General to work in the United States.

B. Contractor agrees that services provided under this Contract are to be provided to eligible persons as defined by Federal and State Rules and Regulations, the TWC, and other specific funding source(s) for this Contract and WSA plans for service delivery.

SECTION 18. Public Subsidies

Pursuant to Texas Government Code § 2264.051, Contractors certifies that it does not and will not knowingly employ an undocumented worker as defined in Texas Government Code § 2264.001(4). The Contractor will implement policies and procedures concerning this law by following Agency guidance in WD Letter 07-08 and subsequent issuances.

The Contractor further certifies that it shall establish and implement reasonable internal program management procedures sufficient to ensure its compliance with Texas Government Code § 2264.051.

Contractor further understands and certifies that the following statements are true and correct:

• That making a false statement is a material breach of contract and grounds for contract cancellation; and

• That after receiving a public subsidy, if the Contractor is convicted of a violation under 8 U.S.C. § 1324a(f), relating to the unlawful employment of undocumented workers, the Board shall repay the amount of the public subsidy with interest, at the rate of fifteen percent (15%).

SECTION 19. Sectarian Involvement Prohibited

A. Contractor and any subcontractor shall ensure that no funds under this Contract are used, either directly or indirectly in the support of any religious activity, worship, or instruction.

B. No customer shall be engaged in the construction, operation or maintenance of that part of any facility which is used or will be used for religious instruction or as a place of religious worship.

C. Places of religious worship such as a church or a chapel, shall not be used as worksites for customers.

SECTION 20. Use of Funds/Maintenance of Effort

A. Contractor assures and guarantees that it shall not operate a program in such a manner that it would result in total or partial displacement of employed workers by customers employed under the Act, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits.

B. Contractor assures and guarantees that it shall not operate a program in such a manner as to impair (1) existing contracts for services, or (2) existing collective bargaining contracts, unless the employer and the labor organization concur in writing with respect to any elements of the proposed activities which affect such a collective bargaining agreement, or either such party fails to respond to written notification requesting its concurrence with thirty (30) days of receipt thereof.

C. Contractor assures and guarantees that it shall not place or retain a customer in a position (1) when any person is on layoff from the same or any substantially equivalent job, or (2) when the employer has terminated the employment of any regular employee or otherwise reduced its Workforce with the intention of filling the vacancy so created by hiring a customer whose wages are subsidized under the Act. Furthermore, no jobs shall be created for customers in a promotional line that shall infringe in any way upon the promotional opportunities of currently employed individuals.

D. Contractor agrees that WSA/TWC funds under this Contract are to be used only for activities which are in addition to those which would otherwise be available in the service area in the absence of such funds.