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HomeMy WebLinkAboutSTATE OF CALIFORNIA- CALIFORNIA VOLUNTEERSDocuSign Envelope ID: D9400988-4C42-408F-A8FO-5AC4CB5A4BCF D: U6SU-JP1 U1 2 0,co U)(N'20vaIns.-6t U)� A-2022-089 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Applicable) C STD 213 (Rev.04/2020) JP1012 N 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: N CONTRACTING AGENCY NAME OPR/California Volunteers � CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: START DATE June 7, 2022 THROUGH END DATE May 1, 2024 3. The maximum amount of this Agreement is: $4,497,514.00 or Four -Million, Four -Hundred Ninety -Seven Thousand, Five -Hundred Fourteen Dollars and 00/100 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 Scope of Work 5 Budget Detail and Payment Provisions 2 V General Terms and Conditions Online California Volunteers' Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions 6 Items shown with an asterisk (), are hereby Incorporated by reverence and made part or this agreement as it attached hereto. These documents can be viewed athttas•//wwwActs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 20 Civic Center Plaza Santa Ana CA 92701 PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge City Manager SIGNATURE DATE SIGNED EMINWAAaYTHORIZED lA2 K/.. ^'� 6/9/2022 STATE OF CALIFORNIA CONTRACTING AGENCY NAME OPR/California Volunteers CONTRACTING AGENCY ADDRESS CITY STATE ZIP 1400 10th Street Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Anthony Chavez Director of Operations 9.q9 NCPdyGENCY AUTHORIZED SIGNATURE DATESIGNED QkoIAl /6,,, ,� 6/13/2022 ALI "ENT OF GENERAL SERVICES APPROVAL EXEMPTION (if Applicable) ATTUr I. R.fCLERK OF THE COUNc;i� Daisy. Gomez Clerk of the Council, MMC Pace 1 of 1 DocuSlgn Envelope ID: D9400988-4C42-408F-ABFD-5AC4CB5A4BCF aty of Banta An JP101: Exhibit A Scope of Work City of Santa Ana Civic Engagement Youth Workforce Development Project Funded by CaliforniaVolunteers Section 1: Program Goal 1. What does your city hope to gain from this program/are there strategic goals this program can help your city meet? The City of Santa Ana through its Workforce Development Board (SAWDB) intends to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low-income youth, justice involved youth and other marginalized groups. Strategically, the City will strengthen existing partnerships and establish new ones with agencies and organizations committed to increasing youth employment, providing career guidance and fostering that same commitment in the youth they serve. Youth, will be provided with meaningful work experience coupled with intensive career exploration. Lastly, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need. The lead for this project is the SAWDB, the designated administrator and operator of workforce development programming for the City of Santa Ana and recipient of federal Workforce Innovation and Opportunity Act (WIOA) and other workforce development funding. Section 2: Program Design 1. Which focus area(s) will youth be working on (food insecurity, climate change, etc.)? If other focus areas are addressed, please describe. Youth will be working directly on projects and assignments addressing food insecurity, the impacts of climate change, and post -pandemic recovery. 2. Do you plan to sub -grant with CBOs? If so, please name each organization and any prior experience they have running similar programs or the process by which you will select CBO partners. The City of Santa Ana will provide services to youth using both in-house program staff and partnerships with Community Based Organizations (CBOs). In house program staff will include personnel from both the Santa Ana WORK Center and the Santa Ana Public Library. The WORK Center has decades of implementing youth programs specifically through a "Daisy Wheel' service delivery model. The underlying philosophy of the Daisy Wheel is an "All Youth One System" concept, where resources are leveraged from a network of Youth Service Providers. The concept allowed youth regardless of eligibility to receive services from the various partners of a Youth Service Providers Network (YSPN). DocuSign Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A46CF The YSPN consists of Service Providers that collectively offer various youth services in a creative and interactive manner. The concept, allows the Service Provider to focus on what service they specialize in and do best. The YSPN will promote broad -based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. The WORK Center as the Navigator will provide partners with structure and guidance toward meeting the grant objectives, convene and facilitate partner meetings, establish partner subcontracts, monitor compliance and performance, collect and report participant data, and disburse grant funds. The SAWDB plans to engage the Santa Ana Public Library, which operates various successful youth engagement programs including BrainFuse and Universal Class. Both programs provide online training courses along with robust support to help users master academic concepts. The library also let's library card holders "borrow" the internet with their library card by providing youth WI-FI Hotspots, for those members of our community who do not have internet access at home. The City will work toward the expansion of these programs to engage more youth, up to age 18. The Orange County Conservation Corps (OCCC) is a current sub -recipient of Workforce Innovation and Opportunity (WIOA) Youth funding from the City of Santa Ana. OCCC has a long standing record of successfully operating youth workforce development programs for the City and has particularly been engaged with older (18+) youth experiencing multiple barriers, such as foster youth, the justice -involved, and very low-income. Working Wardrobes is also a subrecipient of funding from the City. Based on current performance outcomes, the City plans to engage Working Wardrobes in program delivery services for this grant as well. Working Wardrobes has been working with the City to help implement programs for justice- involved people for the past two years. They have unique expertise in engaging people prior to release from incarceration to help ease their transition to life outside. Additionally, program design is underway with two large food banks — Community Action Partnership of OC and Second Harvest - both serve the region to have youth fellows work in distribution, warehousing and growing fresh food. As it is the goal of the City to provide a broad, inclusive program for eligible youth, additional CBOs may be engaged if gaps in services are identified. 3. What activities will youth be working on? Please offer a brief, several sentence description of each job activity youth will be undertaking and any partners that will be involved in running that opportunity. The Santa Ana WORK Center, will provide paid summer work experiences as recreational leaders, community center attendants, and other support staff to restore DocuSign Envelope ID: D9400988-4C42-408F-ABFD-5AC4CB5A4BCF and reinvigorate Community Services programming at parks, community centers, libraries, and family resource centers. This effort is related to post -pandemic recovery. Santa Ana Public Library will provide online support for the provision of online career exploration including the expansion of the 4 youth WI-FI hotspot program. The second project will engage youth in researching and documenting pandemic recovery efforts throughout the city, including City -led efforts to rejuvenate the local economy and stabilize its residents living conditions, providing a street -level view of successes and challenges. Using mixed media and particularly video production, participants will create a public service message sharing the results of their research. Youth participating with the OCCC will engage in multiple projects related to both food insecurity and climate resilience. While addressing food insecurity youth will load and unload trucks, package boxes of food, deliver to community pantries, and assist community partners with labor support at drive -up distribution events (traffic control, set-up logistics, and data collection). While addressing climate resilience youth will clear fire fuels from public spaces, remove debris from waterways, remove non- native/invasive trees/plants, install native plants and perform other erosion control measures. Much of the climate resilience work will be at the direction of the Orange County Conservation Corps and performed at public parks, trails and wetlands. Working Wardrobes will coordinate with the County of Orange, OC Sheriff's Department provide a workforce readiness program that includes pre-release services. This program will offer support and workforce readiness services for participants pre-release as well as post -release. 4. What is the proposed start date for programming? The proposed start date for programming is March 1, 2022. The Santa Ana City Council must approve new and/or expanded contracts prior to program implementation therefore the start date may be adjusted as necessary. Section 3: Youth Recruitment/Development 1. How will the city recruit youth? The City and its CBO partners have established networks that will be relied upon to disseminate program information. For example, the Youth Services Provider Network through the WORK Center holds meetings on a monthly basis, which brings together community serving organizations who have a youth focus. The City will also use various media resources including issuance of periodic news releases through its Public Information Officer; posting of electronic program announcements/flyers to social media including Facebook, Twitter, and Instagram and program information on the City's website. DocuSlgn Envelope ID: D9400988-4C42-408F-A8FD-8AC4C85A48CF Other outreach strategies will include social media, public service announcements, posting physical program announcements/flyers at all Santa Ana library branches, recreation centers, community and family resource centers, high school and college career counseling centers, and other high -traffic public spaces, distributing e- program announcements to utilities customers and housing voucher recipients; and delivering presentations to probation officers, social services agencies, guidance counselors, and other local youth -serving entities. 2. If you would like to propose your own priority criteria for participants in this program for California Volunteers approval, please do so in this section. N/A 3. What wrap around services, if any, is the city or subgrantee planning on offering to youth? The City, through its subgrantees, will provide career counseling, career exploration, case management, supportive services (transportation, gas cards, clothing, and assistance in locating child care), linkages with alternative secondary education and adult continuing education, and other appropriate referrals. 4. What wage will youth be paid, if known? What length of time do you anticipate the youth serving? Youth will be paid $15 dollars for work performed. If a particular assignment exceeds entry level skill sets and proficiency that will be considered and may result in a higher hourly wage. There will be a year-round and a summer track. Year-round assignments will last from 6-12 months while summer assignments will be from 8-10 weeks long. Section 4: Metrics/Outcomes 1. Can the city provide the required metrics listed above to CaliforniaVolunteers? Yes, the baseline metrics are similar to those already captured and recorded for other workforce development programs. However, the additional metrics related to participant outcomes and satisfaction 12 months after program completion will be very challenging as youth participants are very hard to locate and/or unwilling to respond to inquiries/surveys. 2. If not, please indicate which metrics the city is unable to provide. The following three metrics will prove challenging and we request that they be waived: DocuSign Envelope ID: D94009884C42-408F-ASFD-5AC4CB5A4BCF Percentage of youth who report job satisfaction after one year of employment, as reported by a survey. Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey. Percentage of youth employed in public service after one year of employment. Are there other metrics you will be collecting to determine success of program? If so, please indicate which metrics. No. Section 5: Budget/Staffing/Communications 1. What is your proposed staffing plan for the program for the city and/or any subgrantees? The subcontracted teams consist of program managers and specialists (outreach, intake, and eligibility technicians, case managers, and job developers), crew/field supervisors, and project managers. These teams will manage the day-to-day aspects of the program, including as their titles suggest, recruiting participants, ensuring their eligibility, orienting them to the program, assigning them to a work crew, supervising their work/activity, providing them with appropriate wraparound services or referrals and documenting services delivered. Project SAY is staffed by City of Santa Ana employees who will supervise and direct youth placements at their respective worksites. City of Santa Ana WDB/WORK Center staff will provide administrative support including fiscal and programmatic oversight, compliance review, and tracking and reporting participant progress/outcomes. Does your city commit to using CaliforniaVolunteers developed branding for this program and participating in CaliforniaVolunteers-organized train ings/curriculum, if asked? Yes. 3. Are you interested in participating in a program launch media event with CaliforniaVolunteers? Yes. Docu5lgn Envelope ID: D9400988-4C42408F-A8FD-5AC4CB5A4BCF City of Santa Ana JP1012 Budget Detail Exhibit B lAdih(ij5tfalfori jMist ,NotEzoeed,l0% of Totc(1'Awdrd) "- Items Description Calculation Total Budges % Allocation Cross Check Administrative Costs IStaffing, rent, computer lease $ 449,751.40 Total I $ 449,751.40 10.0% II',CplifgniansFo`rAlI9„„6irth W4rkt8ree,Fe116J✓s Wage ; # Requested Hourly Salary # of Hours Total Budget 150 $ 15.00 160 $ 360,000.00 140 $ 15.00 1 560 $ 1,176,000,00 Total I 1 1 $ 1,536,000.00 111.00 Fellow, OThej-Y�elloW.Costs. Items Description Calculation Total Budget FICA for Fellows $ 254,736.00 $ 254,736.00 Worker's Compensation $ 467,712.00 $ 467,712.00 Total $ 722,448.00 IV, Ffbg(,dni Wr6p,-Around Services,%NO,t-to Exceed 40%�of Total AwgrdJ ' Items Description Calculation Total Budget %Allocation Cross Check Case Management, Supportive Services including uniforms, Sub -Contract tools etc $ 1,789,314.60 Total $ 1,789,374.60 39.8% Total Budget Request $ 4,497,514.00 Total It of Fellows ... 290 list of`P,.'6if3ers Partner Status (Proposed or Secured) Contractual Amount City of Santa Ana Secured $ 449,752.60 Orange County CC Secured $ 447,328.00 Working Wardrobes Secured $ 447,328.00 CAPOC Proposed $ 222,453.00 Second Harvest Proposed $ 222,453.00 Total $ 1,789,314.60 DocuSign Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF City of Santa Ana Agreement #JP1012 EXHIBIT B Budget Payment Provisions California Volunteers, CaliforniansForAll Youth Workforce Development Program and City of Santa Ana BUDGET PAYMENT PROVISIONS Invoicing and Payment a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. b) Invoices shall include the Agreement Number and shall be submitted via PDF to fiscal@cv.ca.gov. 2. Budget Contingency Clause a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Page 1 of 1 DocuSlgn Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF City of Santa Ana JP1012 Exhibit 1)(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions California nsForAll Youth Jobs Corps Program Outcome and Output Reporting All Calif orniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program. Reporting Metrics Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance's review and approval: • Required by Department of Treasury: o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs • Output: Total number of youth employed; number of hours of employment • Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to Calif orniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program • Number of youth employed in each focus area • Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed DocuSign Envelope ID: D9400988-4C42408F-A8FD-5AC4CB5A4BCF City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions • Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment • Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey • Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey • Percentage of youth employed in public service after one year of employment • Job training evaluations Reporting Deadlines: Report Reporting Period Partner Reports Due_ 1 (if applicable) Award Date - December 31, 2021 January 10, 2022 2 January 1 -March 31, 2022 April 8, 2022 3 April 1 - June 30, 2022 July 8, 2022 4 July 1 - September 30, 2022 October 7, 2022 California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance. Reporting Process: California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees. DocuSign Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Calif orniansForAll Youth Jobs Corps Program Invoicing This grant is a cost -reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment, Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding. Invoicing Deadlines: Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15'h of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below. Financial Reporting Metrics: Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following: • Expenditure Amounts o Cumulative Expenditures (prior cycles) o Expenditure Adjustments (+/-) prior cycles o Expenditures (Current Cycle) o Total Cumulative Expenditures • Obligation Amounts o Remaining Obligation o Total Cumulative Expenditures o Total Cumulative Expenditures + Obligation o Award Amount • Notes (if applicable) These metrics are subject to change, depending on the California Department of Finance's review and approval. DocuSlgn Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Financial Reporting Deadlines: Report Reporting Period; Partner Reports Due 1 Award Date - December 31, 2021 January 10, 2022 2 January 1 - March 31, 2022 April 8, 2022 3 April 1 - June 30, 2022 July 8, 2022 4 July 1 -September 30, 2022 October 7, 2022 California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance. Reporting Process: California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees. DocuSign Envelope ID: D9400988-4042-408F-A8FD-5AC4CB5A4BCF City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Californians ForAll Youth Jobs Corps Program State Fiscal Recovery Funds This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages. Resources: • Coronavirus State and Local Fiscal Recovery Funds: https://home.treasu[y.gov/policy-issues/coronavirus/assistance-for-state- local-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.co.gov/budget/COVID- 19/State Fiscal Recovery Fund/ • State Fiscal Recovery Fund Reporting Portal: httr)s://www.dof.ca.gov/budget/COVID- 19/State Fiscal Recovery Fund Reporting Portal/ Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract. DocuSign Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Programmatic and Fiscal Document Retention In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source. A-2022-089 Contractor Certification Clauses CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. City of Santa Ana Name and Title of Person Signing Kristine Ridge txecutea June 9, 2022 CONTRACTOR CERTIFICATION CLAUSES Orange 4M:I111I1ilY as Rya O.QHodge, Assistant City Attorney 1. STATEMENT OF COMPLIANCE: Contractor has, unless xempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410) 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411) 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.