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HomeMy WebLinkAboutCALIFORNIA, STATE OF EMPLOYMENT DEVELOPMENT DEPARTMENT (4)SS o.GOA��eborr�l-, !>%µ�Z SCO ID: 71 00-M7819171 00 A-2019-072-02 STATE OF CALIFORrvIA- D ARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213(Rev. 04/2020) AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (If Applicable) M78191-7100 EDD-7100 N 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: 0 N CONTRACTING AGENCY NAME O11 Employment Development Department .- 4 CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: START DATE July 1, 2022, or upon final approval THROUGHENDDATE June 30, 2023 3. The maximum amount of this Agreement is: $47,017.08 Forty -Seven Thousand Seventeen Dollars and Eight Cents 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 Exhibit B Budget Detail and Payment Provisions 2 Attachment B-1 Cost Worksheet 1 Exhibit C * General Terms and Conditions GTC 04/2017 Exhibit D Special Terms and Conditions 1 - items snown warn an astensrc I -1, are nereuy mcurpumreu uy reference unu moue pan or airs agreemenaas IT onacnea nerero. These documents can be viewed athttos://www.dgs.cayov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO. CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BU5INESSADDRES5 CITY STATE ZIP 801 W. Civic Center Drive, Suite 200 Santa Ana CA 92701 PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED � Approved as to form: ATTEST - By: u J Ry'ONiodge Daisy Gomez, MMC City Clerk Assistant City Attorney Clerk of the Council RECOMMENDED FOR APPROVAL: Steven A. Mendoza Community Development Executive Director Page 1 of SCO I D: 7100-M 781917100 STATE OFCALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 04/2020) CONTRACTING AGENCY NAME Employment Development Department AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Applicable) M78191-7100 EDD-7100 CONTRACTING AGENCY ADDRESS CITY STATE ZIP 722 Capitol Mall, MIC 62-C Sacramento CA I 95814 PRINTED NAME OF PERSON SIGNING TITLE Rebecca Martin Manager, Contracts Services Group (IT) CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) DGS Exemption Letter No.54.6 Page 2 of 2 EXHIBIT A SCOPE OF WORK (Standard Agreement) 1. Purpose EDD Contract No. M78191-7100 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 the EDD, and the City of Santa Ana, hereinafter referred to as the Contractor, for the purpose of reimbursing the Contractor for the EDD's share of the operating costs at the Santa Ana America's Job Centers of California (AJCC) One -Stop located at 801 W. Civic Center Drive, Suite 200, Santa Ana, CA 92701. See the budget details that are outlined in Attachment B-1, Cost Worksheet. The EDD is co -located at this site under the Workforce Innovation and Opportunity Act (WIOA), Memorandum of Understanding (MOU), Infrastructure Funding Agreement (IFA) mandate. 2. Services To Be Provided The EDD agrees to provide workforce development services to individuals whom EDD determines to be eligible for such services, and for whom such services are necessary and appropriate, consistent with federal and state law. This Contract will reimburse the following co -location costs: maintenance, telecommunications, security guard, copier equipment, information technology services and access costs. 3. Contract Administrators Employment Development Department City of Santa Ana Name: Rhonda Wooten-Savino Name: Deborah Sanchez Title: EPM II Title: Economic Development Specialist III Address: 801 W. Civic Center #200 Address: 801 W. Civic Center #200 Santa Ana, CA 92701 Santa Ana, CA 92701 Phone: (714) 565-2680/(916) 639-4967 cell Phone: (714) 765-2621 Fax: 714 449-2111 Fax: 714 565-2602 Email: rhonda.wooten edd.ca. ov Email: DSanchez santa-ana.or EDD Contract No. M78191-7100 EDD/City of Santa Ana Page 1 of 2 EXHIBIT B BUDGET DETAILS AND PAYMENT PROVISIONS (Standard Agreement) 1. Invoicing and Payment The total dollar amount of this Agreement shall not exceed Forty -Seven Thousand Seventeen Dollars and Eight Cents ($47,017.08). 2. Upon satisfactory completion of the work to be performed, an invoice, in triplicate, in arrears shall be submitted no more frequently than monthly to the address shown below, for processing. Employment Development Department 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 Attn: Rhonda Wooten-Savino Email: Rhonda.Wooten@edd.ca.gov The invoice must reference the following: • The EDD Contract Number M78191-7100 • Identifies services 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 3. 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. 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.. EDD Contract No. M78191-7100 EDD/City of Santa Ana Page 2 of 2 EXHIBIT B BUDGET DETAILS AND PAYMENT PROVISIONS (Standard Agreement) 4. California 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. ATTACHMENT B-1 COST SHEET (Standard Agreement) Santa Ana Workforce Development Board A1CC Comprehensive Infrastructure Budget, and Other System Cost Budget EDD Contract No. M78191-7100 EDD/City of Santa Ana Page 1 of 1 Eoo 9,548.00 50.88% Cost Category/ Line Item Cost Details Monthly Charges Monthly Property Rent Total Monthly Remand Equipment Cost Utilities/M a i nt/Service Telephone Services Per Person Tone and Voice Mail Assigned $1,062.50 $1,062.50 Shared Phones by usage persentage $108.12 $108.12. Security Guard (Annual) $2,551.98 $2,551.98 Total Utilities/Maintenance $3,722.60 $0.00 $3,722.60 Equipment New Phone System Phones by assigned phones $0.00 Shared Basic Phones 0.00 phones 0.00 Licenses $0.05 Switches 0.00 Annua upportost Total Equipment $41.64 $41.64 Technology and Access Costs Network Wireless Bridge Network Access System/Card Key Cud System $0.00 Data & Phone Cabling Cabling $0.00 $0.00 Information Technology Cost Per Month (Annual) Wireless Network Bridge Maintenance $62.96 $62.96 ***Copiers (Annual) Koorn used by .clients only $55.32 $55.32 staff only $35.57 $35.57 Total Technology and Access $153.85 $153.85 In -Kind Infrastructure Total $3,918.09 x 12 months 47,017.08 * **Copiers are leased equipment and are charged by percentage. Additional charge for usage will be calculated 3/30/2022 7:09 AM and charged EXHIBIT D SPECIAL TERMS AND CONDITIONS (Standard Agreement) 1. Force Majeure EDD Contract No. M78191-7100 EDD/City of Santa Ana Page 1 of 1 Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war (e.g., riots and strikes) and acts of God (e.g., such as earthquakes, floods, and other natural disasters) such that performance is impossible. 2. Workforce Innovation and Opportunity Act Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 C.F.R., Parts 37 and 38. 3. Settlement of Disputes Any dispute concerning a question of fact arising under the term of this Agreement which is not disposed of within a reasonable period of time (ten days) by the Contractor and State employees normally responsible for the administration of this contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. 4. Termination This Agreement may be terminated by the EDD giving written notice to the Contractor 30 days prior to the effective date of such termination. 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. Contractor/Bidder Firm Name (Printed) Federal ID Number C4-i; -,5 ' . C, ky 0� Sun}c c _ 9 6-- lneoco-4E�6 By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of Ap reeve' as to form: CONTRACTOR CERTIFICATION CLAUSES ail' ✓Nr R� i O Hodg Asgista t City Attorney 1. STATEMENT OF COMPLIANCE: Contractor has, unless ex pte , co plietl wit 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.Qov, 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.