Section 4411 - Fixed-Fee Contracts(a) The Panel may fund training contracts by applying a standard fixed -fee rate per trainee hour in lieu of a line-item budget to substantiate training costs. These standardized fixed-fee rates per hour may vary depending on the training delivery method (e.g., classroom/laboratory), complexity of the training, size of employer served, and the type of trainee (e.g., retrainee) receiving training.(b) The research methodology to develop reasonable fixed-fee rates consists of an analysis of data collected from a representative sample of ETP budget-based contracts and the allowable costs/hour budgeted, and ETP subcontracted classroom/laboratory and structured on-site training costs. The rates were then benchmarked against applicable training market data from programs similar to ETP in other states and training fees charged by private and public training institutions in California.(c) To ensure effective training delivery, a classroom/laboratory trainer to trainee ratio will be applied in contracts utilizing the fixed-fee rates. The classroom/laboratory ratio of trainer to trainees is determined using ETP historical data and private and public training institutional data. The classroom/laboratory ratio will also be applicable to training provided via videoconferencing. A trainer to trainee ratio is not applicable to structured on-site training and computer-based training since these training delivery methods are customized to an individual trainee's needs.(d) The panel may adjust the established fixed-fee rates annually.(e) For multiple-employer new hire training projects, the following may be included as a cost in addition to the fixed fee: (1) Costs for staff salaries, fringe benefits, consumable supplies, printing, communications, equipment and software, premises, utilities, housekeeping services, travel and advertising/promotion of the ETP program that are incurred as a result of the following new hire activities: (A) Recruitment of training participants.(B) Trainee intake assessment to determine eligibility.(D) Job search assistance, and placement in specific jobs.(f) For multiple-employer retraining projects the following may be included as costs in addition to the fixed fee: (1) Costs for staff salaries, fringe benefits, consumable supplies, printing, communications, equipment and software, premises, utilities, housekeeping services, travel and advertising/promotion of the ETP program that are incurred as a result of the following activities: (A) Recruitment of participating employers.(B) Assessment of employer-specific job requirements.(g) In no event shall the costs allowed in (e) and (f) above exceed 8% of the other training costs, except that up to an additional 4% will be allowed subject to Panel approval if the contractor makes a showing that the 8% is not sufficient to provide the contractor with the funds to do necessary recruitment of potential new hire trainees.Cal. Code Regs. Tit. 22, § 4411
1. New section filed 8-19-91; operative 8-19-91 (Register 92, No. 1).
2. Amendment of subsection (a), repealer and new subsections (b)-(e), amendment of subsection (f), repealer of subsections (g)-(g)(3) and amendment of NOTE filed 7-19-96; operative 7-19-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 29).
3. New subsections (g)-(i) and amendment of NOTE filed 12-4-97; operative 12-4-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 49).
4. Amendment of subsection (a), repealer of subsection (e), subsection relettering and amendment of newly designated subsection (h) filed 4-17-2000 as an emergency; operative 4-17-2000 (Register 2000, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-17-2000 order, including further amendments, transmitted to OAL 8-11-2000 and filed 9-25-2000 (Register 2000, No. 39). Note: Authority cited: Section 10205(l), Unemployment Insurance Code. Reference: Section 10205(c) and 10206(a), Unemployment Insurance Code.
1. New section filed 8-19-91; operative 8-19-91 (Register 92, No. 1).
2. Amendment of subsection (a), repealer and new subsections (b)-(e), amendment of subsection (f), repealer of subsections (g)-(g)(3) and amendment of Note filed 7-19-96; operative 7-19-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 29).
3. New subsections (g)-(i) and amendment of Note filed 12-4-97; operative 12-4-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 49).
4. Amendment of subsection (a), repealer of subsection (e), subsection relettering and amendment of newly designated subsection (h) filed 4-17-2000 as an emergency; operative 4-17-2000 (Register 2000, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-17-2000 order, including further amendments, transmitted to OAL 8-11-2000 and filed 9-25-2000 (Register 2000, No. 39).