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HomeMy WebLinkAboutCALIFORNIA, STATE OF EMPLOYMENT DEVELOPMENT DEPARTMENTFeu? 7 4 20,90 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 032o191 CONTRACTING AGENCY NAME Employment Development Department CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: START DATE May 21, 2019 THROUGH END DATE June 30, 2020 Cleared A-2019-070-07 Dist- �i/_ 11, 2 (-o FC No. 52018-7100 AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(IfApplicabfel M9113792 I EDD-7100 3. The maximum amount of this Agreement is: Twenty Four Thousand Three Hundred Thirty One Dollars and Fifteen Cents ($24,331.15) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit Scope of Work 1 Attachment A-1 Specifications 1 Attachment A-2 State of California Holiday Schedule 1 Exhibit Budget Detail and Payment Provisions 2 Attachment B-1 Budget Breakdown 2 Exhibit C- General Terms and Conditions GTC 04/2017 Exhibit Special Terms and Conditions 1 remssnown wren an aswnsx 1-/, are nereoymcorpororea cyrererence ono moue parrarmus agreemenras Ir Ormcnea nereta. Thesedocumentscon be viewed of httosl/ww[v dglca aov/OLS/Resources IN WITNESS WHEREOF, THISAGREEMENT HAS BEEN EXECUTED BY THEPARTIES HERETO. CONTRACTOR NAME lif other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS CRY STATE ZIP 801 W. Civic Center Dr. Ste. 200 Santa Ana [A gn7n PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge City Manager CONTRACTOR AUTHORIZED SIGNATURE I DATE SIGNED CLERK OF THE COUNCIL. AS TO FORM Attemey FOR APPROVAL: Steven A. Mendoza Community Development Executive Director Page 1 of 2 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev.03/2019) M911375 EDD-7100 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Employment Development Department CONTRACTING AGENCY ADDRESS CITY STATE ZIP 722 Capitol Mall, MIC 62-C Sacramento CA 94814 I PRINTED NAME OF PERSON SIGNING TITLE S rl ollins Manager, Contract Services Group CONT CTIN�HORIED DATE SIGNED �� � J vCl2�u LIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (I Applicable) DGS Exemption Letter No. 54.5 Page 2 of 2 EXHIBIT A (Standard Agreement) SCOPE OF WORK EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 1 This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as EDD, and City of Santa Ana, hereinafter referred to as Contractor, for the purpose of reimbursing the Contractor for EDD's share of the security guard service costs at 801 W. Civic Center Drive, Suite 200, Santa Ana, CA 92701. EDD is co -located at this site with the Contractor under the Workforce Innovation and Opportunity Act (WIOA). 2. The services shall be performed in accordance with Attachment A-1, Specifications. 3. The project representatives during the term of this Agreement will be: State Agency Employment Development Department Attn: Rhonda Wooten-Savino 801 W. Civic Center Drive Suite 200 Santa Ana, CA 92701 Phone: (714) 565-2680 Fax: (916) 449-2111 Contractor City of Santa Ana Attn: Carlos de la Riva 801 W. Civic Center Drive Suite 200 Santa Ana, CA 92701 Phone: (714) 565-2629 Fax: (714) 565-2602 EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 1 ATTACHMENT A-1 (Standard Agreement) SPECIFICATIONS The State does not have any civil servant staff to provide unarmed security guard services; therefore EDD will reimburse the City of Santa Ana for EDD's fair share of security guard services. Scope -Security Officer: 1. Roving patrol of building interior, including but not limited to the following tasks: • Ensure that meeting rooms are locked when not in use; • Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other acts that interfere with or disrupt WORK Center activities; • Hourly inspection of public restrooms, and • Ensure that all patrons exit the WORK Center as closing time approaches. 2. Complete incident and daily operating reports. Provide WORK Center Management copies of reports on a weekly basis. 3. Complete electronic reports for any incident in which he/she is directly involved; take pictures as needed. 4. Notify Santa Ana Police Department if police intervention is required. 5. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. 6. Direct patrons to areas within the WORK Center as needed. 7. Enforce the WORK Center's Rules of Conduct. 8. Escort employees, as needed, to parking locations. 9. Required guard qualifications: • Demonstrate ability to handle and resolve conflicts in an effective manner; • Demonstrate judgement in emergency situations; • Experience working with people with behavioral/mental health issues and/or criminal background, and • Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender. EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 1 ATTACHMENT A-2 (Standard Agreement) STATE OF CALIFORNIA HOLIDAY SCHEDULE DATE HOLIDAY January 151 New Year's Day* 3rd Monday in January Martin Luther King, Jr. Da 31 Monday in February President's Da March 3161 Cesar Chavez Day* Last Monday in May Memorial Da July 4th Independence Day* 1st Monday in September Labor Da November 11th Veteran's Day** 41h Thursday; adjacent Friday in November Thanksgiving December 251h Christmas Da * If any of these holidays occur on a Saturday, the holiday is not observed via the closing of state offices during the week. If any of these holidays occurs on a Sunday, the holiday is observed on the next day (Monday). ** If Veterans Day occurs on a Saturday, the holiday is observed on the proceeding Friday. This is the only exception to the Saturday Holiday rule above. If this holiday occurs on a Sunday, the holiday is observed on the next day (Monday). EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 2 EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS A. Invoicing and Payment The total amount of this Agreement shall not exceed Twenty Four Thousand Three Hundred Thirty One Dollars and Fifteen Cents ($24,331.15). The invoice must reference the following: • The EDD Contract Number M9113792 • Identifies in detail the goods acquired, quantities, unit price, extension, description, etc. • Sales tax and/or use tax as a separate line item from goods • Identifies services (non -IT) provided, service period, unit price (i.e. hourly, monthly), and quantity applicable to the service Accurate billing address as stated on the purchase order or contract • Supplier invoice date Company name and remittance address The invoice, in triplicate, in arrears shall be forwarded to the address shown below: Employment Development Department 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701-4048 Attn: Rhonda Wooten-Savino B. Budget Contingency Clause It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner. EDD Agreement No. M9113792 EDD/City of Santa Ana Page 2 of 2 EXHIBIT B (Standard Agreement) The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reduction in funds. The EDD has the option to terminate the agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds. C. California Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code § 927, et seq. Ttl Per Park Monthl EDD Pay Rate: Hrs Paid: Ttl Per Guard: Parking Fee Monthly Total: EDD 43.58 Pay Rate: Hrs Paid: Ttl Per Guard: Parking Fee Monthly Total: EDD 43.58� ATTACHMENT B-1 EDD Agreement No. M9113792 EDD/City of Santa Ana Security Guard Budget Detail Pagel of 2 May 21, 2019 -June 30, 2020 Fiscal Year: 2018-2019 Fiscal Year: 2019-2020 July-19 August-19 September-19 October-19 November-19 Decemberl9 Guard 1 Add'I Hr Guard 1 Add'I Hr Guard 1 Add'I Hr Guard 1 Add'I Hr Guard 1 Add'I Hr Guard 1 Add'I Hr $23.35 $23.71 $23.3S $23.71 $23.3S $23.71 $23.35 $23.71 $23.3S $23.71 $23.35 $23.71 176 1 176 176 1 176 176 176 $4,109 $0 $4,109 $0 $4,109 1 $0 $4,109 $0 $4,109 $0 $4,109 $0 $70 $70 $70 $70 $70 $4,179.73 $4,179.73 $4,179.73 $4,17933 $4,179.73 $4,179.73 $1,821.53 $1,821.53 $1,821.53 $1,821.53 $1,821.53 $1,821.53 January-20 February-20 March-20 April-20 May-20 June-20 Guard 1 Add'I Hr Guard 1 Add'I Hr Guard 1 Add'I Hr Guard 1 Add'I Hr Guard 1 Add'I Hr Guard 1 Add'I Hr $23.35 $23.71 $23.35 $23.71 $23.35 $23.71 $23.35 $23.71 $23.35 $23.71 $23.35 $23.71 176 176 176 176 176 176 $4,109 $0 $4,109 $0 $4,109 $0 $4,109 $0 $4,109 $0 $4,109 $0 $70 $70 $70 $70 $70 $70 $4,179.73 $4,179.73 $4,179.73 $4,179.73 $4,179.73 $4,179.73 $1,821.53 $1,821.53 $1,821.53 $1,821.53 $1,821.53 $1,821.53 $21,858.36 FY 19-20 Total ATTACHMENT B-1 EDD Agreement No. M9113792 EDD/City of Santa Ana Page 2 of 2 Contract Total: $24,331.15 "Work hours are 8:00 a.m. - 5:00 p.m., 1 hour lunch (unpaid) - 8 hours daily maximum *12 unpaid holidays per year *Security Guard contract will be up for renewal June 2020. They will start the procurement processs in the spring of 2020. EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 1 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Settlement of Disputes In the event of a dispute between EDD and the Contractor over any part of this Agreement, the dispute may be submitted to non -binding arbitration upon the consent of both EDD and the Contractor. An election for arbitration to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. 2. Workforce Innovation and Opportunity Act The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR, Parts 37 and 38. Contractor agrees to conform to the provisions of the Workforce Innovation and Opportunity Act (WIOA) and the contract requirements as referenced in 29 CFR Part 200 and 2 CFR Part 2900. 3. Agency Liability The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 4. Force Maieure Neither party shall be liable to the other for any delay in or failure of performance, nor is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war and acts of god such as earthquakes, floods, and other natural disasters such shall any such delay in or failure of performance constitute default, if such delay or failure that performance is impossible. �1 Policy Number: Dale Entered: 02/ 27 /2020 m ACOA'O CERTIFICATE OF LIABILITY INSURANCE 041E(MADDrcYYY, 111 2/27/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAM Network Truck Insurance Services, Inc. AIC NN0 E 1. (916) 780-2535 AX Na; (916) 780-5720 120 Main SEneet E.MAR. MAILROOM@TRUCRERINSURANCE.COM Aooftess: Roseville, Ca. 95678 #0098006 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: SODSTSUATP INSURANCE COMPANY 41297 INSURED INSTRUMENT PERSONNEL INC. INSURER°: � INSUFIINCE MANY INSURER C : AMAIN INSURANCE OOMPANY 1715 9 INSURERD: COLLEGE OF INSTRUMENT TECHNOLOGY 17156 BELLFLOWER BLVD. INSURER E: BELLFLOWER, CA 90706 INSURER F GOVERAI CERTIFICATE NUMBER: REVISION NUMRER- - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR ILTR TYPE OF INSURANCE AINSO FIVE) POLICYNUMBER POLICY MO ICYSEEYYY POLICY EXP MN ICYEXP LIMITS EACH OCCURRENCE $1,000,000 C CIAIMBWDE ® OCCUR X X TRUPOGETURENII PREMES Ea ocanence $ 100,000 1COMMERCIALGENERAL-LIABILITY NED EXP(Any ons Demon) $5,000 CIP351907001 2/28/2020 2/29/2021 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 2,000,000 POLICY JE�CT LOG PRODUCTS-COMPIOPAGG$ INCLUDED DEDUCTIBLE $ 2,500 OTHER: Ea aIXYlenl $1,000,000 AANYAUTO BODILY INJURY(Per pemon) $ hAUMNIDEIII-EI.A.111TY OWNEDSGHEDULEOBODILY AUTOS ONLY AUTOS INJURY Per ecdtlenl ( )HIRED $ NON -OWNED AUTOS ONLY AUTOS ONLY LTS0000862 9/3/2019 9/3/2020 PEracddenl B Use FELLA LAB OCCUR EACHOCCURRENCE $11000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $1,000,000 DED RETENTION $ XL0020022803 2/28/2020 2/28/2021 WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN - $TATDTE ER E.L. EACH ACCIDENT Is ANY PROPRIETORIPARTNEIVEXECUTIVE FNIA OFFICERIMEMOER EXCLUDED? (Mandatory In NH) fEescribeunder DCRIPRONOFOPERATIONSbebw S E.L.DSEASE-EAEMPLO YEE $ ELDI SEASE-OLCYLIMN $ A COMPREHENSIVE LTS0000862 09/03/2019 09/03/2020 DEDUCTIBLE $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 1 aL AtlUIIIPna1 Remarks ScM1etlule, may be a8achatl it more apace is r...H.d) AS PER VEHICLE SCHEDULE ON FILE WITH COMPANY. COMPANY SHALL ENDEAVOR TO MAIL 30 DAYS NOTICE OF CANCELLATION. REVIEWED & APPROVED CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED FOR AUTO AND GENERAL LIAHILI T Y R15k MANAGEMENT DI ISION INSURANCE IS PRIMARY AND NON CONTRIBUTORY - ENDORSEMENTS ATTACHED O AGOODSON@SANTA-ANA.ORG • r - aL1112yg4i111 CITY OF SANTA ANA RISK MANAGEMENT DIVISION, 4TH FLOOR SHOULD ANY OF THE ABOVE DESC RIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92702 AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Pmducetl using Farms ROSE %S softVwSP www.FoDrNBoss.mm; Impressive Publishng, LLC 800-208-19T/ POLICY NUMBER: CIP351907001 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, 11 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) I Location(s) Of Covered Operations THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respectto liability for "bodily injury", "property dam- age"or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) deslg- nated above, However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. CG 20 10 04 13 B. With respect to the insurance afforded additional insureds, the following additior sions apply: This insurance does not apply to "bodily "property damage" occurring after: 1. All work, including materials, parts i ment furnished in connection with su on the project (other than service, nance or repairs) to be performed behalf of the additional insured(s) at tion of the covered operations has bf plated; or 2. That portion of "your work' out of v injury or damage arises has beer) I intended use by any person or org otherthan another contractor orsubc engaged in performing operations for Pal as a part of the same project. Copyright, Insurance Services Office, Inc., 2012 these exclu- iry" or equip - work, rainte- or on Ioca- com- ;h the to its zation racto r p rinc i. K ip C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III -Limits Of Insurance; If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance' Required by the contract or agreement; or 2. Available under the applicable Limit ance shown in the Declarations; whichever is less. This endorsement shall not increase the Limits of Insurance shown in the Declare' Page 2 of 2 Copyright, Insurance Services Office, Inc., 2012 CG insur- 04 13 f3v ENDORSEMENT This End orsementChanges the Policy -Please Read it Carefully PRIMARYAND NON-CONTRIBUTING INSURANCE (Third-Party's Sole Negligence) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AN D CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD LIABILITY COVERAGE PART BUSINESSOWNERS LIABILITY COVERAGE FORM The following is added to Section IV - Commercial General Liability Conditions, Paragraph 4: Section IV: Commercial General Liability Conditions 4. Other Insurance: d. Notwithstanding the provisions of sub -paragraphs a, b, and c of this paragraph 4, with I the Third Party shown below, it is understood and agreed that in the event of a claim or arising out of the Named Insured's sole negligence, this insurance shall be primary and insurance maintained by the additional insured named as the Third Party below shall be and non-contributory. The Third Party to whom this endorsement applies is: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Absence of a specifically named Third Party above means thatthe provisions of this endorsement apply "as required by written contractual agreementwith any Third party for whom you are performing work." All other terms and conditions of this policy remain unchanged. to This endorsement Is effective on the inception date of the policy unless otherwise stated herein. ke information below is required only when this endorsement is issued subsequent to preparation } the policy.) q Policy Number: CIP351907001 Named Insured: COLLEGE OF INSTRUMENT TECHNOLOGY Endorsement Effective Date: Endorsem ant Serial No. AF 001 397 0712 Includes copyrighted m starlet of Insurance Services Office, Inc, with Its perm ission Copyright, Insurance Services office, Inc. 1994 oil �;,r1GFYp�; STATEOFCALIFORNIA•DEPA'I �N I�OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 0312019) Return ORIGINAL A-2019-070-07 Exeeated Copy to CoTC (M-3WTII) AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Applicable) M9113792 I EDD-7100 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Employment Development Department CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: START DATE May 21, 2019 THROUGH END DATE June 30, 2020 3. The maximum amount of this Agreement is: Twenty Four Thousand Three Hundred Thirty One Dollars and Fifteen Cents ($24,331.15) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit Scope of Work 1 Attachment A-1 Specifications i Attachment A-2 State of California Holiday Schedule 1 Exhibit B Budget Detail and Payment Provisions 2 Attachment B-1 Budget Breakdown 2 Exhibit C° General Terms and Conditions GTC 0412017 Exhibit D Special Terms and Conditions 1 trems snown wan an asrensx I'l, are nereoymcorporarea oynverence ano mope porter rms agreement os Oorracnea nereto. These documents con be viewed of h=Y1wwwdas.ca.aov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED RYTHEPAR71ES HERETO. CONTRACTOR CONTRACTOR NAME (If other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRE55 CITY STATE ZIP 801 W. Civic Center Dr. Ste. 200 Santa Ana CA 92701 PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED AT'TE$r; TT m .A 0 N t�3 4 T' IL c RECOMMENDED FOR APPROVAL' y> Steven A. Mendoza Community Development Executive Director L vvy rd FL 2020 Page 1 of STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev.03/2019) M9113792 I EDD-7100 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Employment Development Department CONTRACTING AGENCY ADDRESS CITY STATE ZIP 722 Capitol Mall, MIC 62-C Sacramento CA 94814 PRINTED NAME OF PERSON SIGNING TITLE Sheri L. Collins Manager, Contract Services Group CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICE5 APPROVAL EXEMPTION (if Applicable) DGS Exemption Letter No.54.5 Page 2 of 2 EXHIBIT A (Standard Agreement) SCOPE OF WORK EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 1 This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as EDD, and City of Santa Ana, hereinafter referred to as Contractor, for the purpose of reimbursing the Contractor for EDD's share of the security guard service costs at 801 W. Civic Center Drive, Suite 200, Santa Ana, CA 92701. EDD is co -located at this site with the Contractor under the Workforce Innovation and Opportunity Act (WIOA). 2. The services shall be performed in accordance with Attachment A-1, Specifications. 3. The project representatives during the term of this Agreement will be: State Agency Employment Development Department Attn: Rhonda Wooten-Savino 801 W. Civic Center Drive Suite 200 Santa Ana, CA 92701 Phone: (714) 565-2680 Fax: (916) 449-2111 Contractor City of Santa Ana Attn: Carlos de la Riva 801 W. Civic Center Drive Suite 200 Santa Ana, CA 92701 Phone: (714) 565-2629 Fax: (714)565-2602 ATTACHMENT A•1 (Standard Agreement) SPECIFICATIONS EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 1 The State does not have any civil servant staff to provide unarmed security guard services; therefore EDD will reimburse the City of Santa Ana for EDD's fair share of security guard services. Scone -Security Officer: 1. Roving patrol of building interior, including but not limited to the following tasks: • Ensure that meeting rooms are locked when not in use; • Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other acts that interfere with or disrupt WORK Center activities; Y Hourly inspection of public restrooms, and • Ensure that all patrons exit the WORK Center as closing time approaches. 2. Complete incident and daily operating reports. Provide WORK Center Management copies of reports on a weekly basis. 3. Complete electronic reports for any incident in which he/she is directly involved; take pictures as needed. 4. Notify Santa Ana Police Department if police intervention is required. 5. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. B. Direct patrons to areas within the WORK Center as needed. 7. Enforce the WORK Center's Rules of Conduct. 8. Escort employees, as needed, to parking locations. 9. Required guard qualifications: • Demonstrate ability to handle and resolve conflicts in an effective manner; • Demonstrate judgement in emergency situations; • Experience working with people with behavioral/mental health issues and/or criminal background, and • Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender. EDD Agreement No, M9113792 EDD/City of Santa Ana Page 1 of 1 ATTACHMENT A-2 (Standard Agreement) STATE OF CALIFORNIA HOLIDAY SCHEDULE DATE HOLIDAY January 161 New Year's Day* 31 Monday in January Martin Luther King, Jr. Day 31 Monday in February President's Da March 3V Cesar Chavez Day* Last Monday in May Memorial Da July 41 Independence Day* 1s' Monday in September Labor Da November 111 Veteran's Day** 41h Thursday; adjacent Friday in November Thanksgiving December 251" Christmas Da * If any of these holidays occur on a Saturday, the holiday is not observed via the closing of state offices during the week. If any of these holidays occurs on a Sunday, the holiday is observed on the next day (Monday). ** If Veterans Day occurs.on a Saturday, the holiday is observed on the proceeding Friday. This is the only exception to the Saturday Holiday rule above. If this holiday occurs on a Sunday, the holiday is observed on the next day (Monday). EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 2 EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS A. Invoicing and Payment The total amount of this Agreement shall not exceed Twenty Four Thousand Three Hundred Thirty One Dollars and Fifteen Cents ($24,331.16). The invoice must reference the following: The EDD Contract Number M9113792 Identifies in detail the goods acquired, quantities, unit price, extension, description, etc. Sales tax and/or use tax as a separate line item from goods • Identifies services (non -IT) provided, service period, unit price (i.e. hourly, monthly), and quantity applicable to the service Accurate billing address as stated on the purchase order or contract Supplier invoice date Company name and remittance address The invoice, in triplicate, in arrears shall be forwarded to the address shown below: Employment Development Department 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701-4048 Attn: Rhonda Wooten-Savino B. Budget Contingency Clause It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner. EDD Agreement No. M9113792 EDD/City of Santa Ana Page 2 of 2 EXHIBIT B (Standard Agreement) The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reduction in funds. The EDD has the option to terminate the agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds. C. California Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code § 927, et seq. O ❑ N N F- ❑ � C U c ro i e � Q 3 � C7 f❑V Q1 °' N n a u0 re . .Nix o0 y � � L6 a N m m m o 63 ei C Q N N tip � ri 1/} N th U a N p - a C o F- x` ti - m o m m W � N S ci � — M O N a m H 2 ti ,h — m O a ai N h N Q v � nj N m h o ci p h es LT .-i VT S N h L U a Ol h rl N S � ?• — � M � O h m h N UI N h ci h i/! LT UT = ti h o m r m m d m H-i 3 i-1 W r1 M m j (9 UT ri � N LT W N LL O N = - o w H � EDD Agreement No. M9113792 EDD/City of Santa Ana Page 1 of 1 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Settlement of Disputes In the event of a dispute between EDD and the Contractor over any part of this Agreement, the dispute may be submitted to non -binding arbitration upon the consent of both EDD and the Contractor. An election for arbitration to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. 2. Workforce Innovation and Opportunity Act The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR, Parts 37 and 38. Contractor agrees to conform to the provisions of the Workforce Innovation and Opportunity Act (WIOA) and the contract requirements as referenced in 29 CFR Part 200 and 2 CFR Part 2900, 3. Agency Liability The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 4. Force Maieure Neither party shall be liable to the other for any delay in or failure of performance, nor is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war and acts of god such as earthquakes, floods, and other natural disasters such shall any such delay in or failure of performance constitute default, if such delay or failure that performance is impossible.