HomeMy WebLinkAboutCA EMPLOYMENT DEV DEPT 1 - 2002EDD Contract No. M38170'1
Project Code: 476
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A-2002-092 INSURANCE ['lOT REQUIREDIWAIVED
WORK N~,AY PROCEED
A-2002-093
STANDARD AGREEMENT FOR EMPLOYMENT SERVICES Dist.
This Agreement is entered into by and be~een the City of Santa Ana, a cha~er city and
municipal corporation duly organized and existing under the Constitution and laws of the
State of California, hereinafter referred to as the "Administrative Entity," and the Employment
Development DepaAment of the State of California, hereinafter referred to as "EDD." The
purpose of this Agreement is for EDD to provide specific employment se~ices to the
Administrative Entity. All se~ices shall be performed in accordance with the provisions
hereinafter and herein expressed.
The term of this Agreement shall be June 1, 2002 through June 30, 2003.
The term of this agreement may be extended by a writing executed by the Executive
Director of the Community Development Agency and the City Attorney. .
The Administrative Entity shall reimburse EDD in the amount not to exceed One
hundred eighty thousand eight hundred and nine and No/100 Dollars ($180,809) for the
services to be provided as set forth in this Agreement.
3. The following exhibits are attached hereto and are made a part of this Agreement:
Exhibit A, General Services
Exhibit B, Scope of Services to be Performed
Exhibit C, Schedule of Expenditures
Exhibit D, Budget
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
EDD
Employment Development Department
By (Authorized Signature)
r~ted Nam~nd Title of Person ~igning
Geneva Robinson
Southern Job Service Division Chief
Address
8977 Activity Road, Suite A
San Diego, CA 92126
Administrative Entity
City of Santa Ana
Printed Name and Title of Person Signing
City Manager
APPROVED
SEP 2 5 2002
David N. Ream
Address
P.O, Box 1988-M3'1
Santa Ana CA 92702~:~/
/
c~[~o1¢ O~ ;'~ ~, ~) APPBOV~D AS TO FOR~
LISA E. STORCK
;,Assistant City Attorney
4. General Provisions
EDD Contract Nol M381701
Project Code: 476
Page 2 of 8
This Agreement shall be governed by the laws of the State of California except to the
extent that federal law and regulations govern the operation of the Workforce
Investment Act program.
Both parties to this Agreement agree to adhere to appropriate federal and State
legislation concerning nondiscrimination and affirmative action procedures.
Each of the parties and the agents and employees of each party in the performance of
this Agreement shall act in an independent capacity and not as officers and agents of
the other party.
This Agreement contains the entire agreement of the parties and supersedes all
negotiations and other agreements between them.
This Agreement may be amended only in writing with mutual consent of both parties.
EDD agrees to make available at the participating local office(s) identified in the
Agreement, any records of client services maintained under this Agreement for
inspection, audit, or reproduction by an authorized representative of the Administrative
Entity during normal business hours. Financial records pertaining to the Agreement will
be maintained in EDD's Central Office in Sacramento.
EDD shall maintain records documenting payments received and provided under this
Agreement for at least three years from the final payment date of this Agreement. If
EDD receives notice that any litigation, claim, or audit has begun before the expiration
of the three-year period, the records shall be retained until all litigation, claims, or audit
findings are resolved.
EDD may maintain any of the records required to be kept under this Agreement by
substituting photographs, microphotographs, or other authentic reproductions of such
records.
In accordance with provisions of Section 895.4 of the California Government Code,
each party hereto agrees to indemnify and hold the other party harmless from all liability
for damage to persons or property arising out of or resulting from the acts or omissions
of the indemnifying party.
In the event of a dispute between EDD and the Administrative Entity over any part of
this Agreement, the dispute may be submitted to nonbinding arbitration upon the
consent of both parties. An election for arbitration pursuant to this Agreement shall not
preclude either party from pursuing any remedy for relief otherwise available.
EDD Contract No. M381701
Project Code: 476
Page 3 of 8
K. The State of California has elected to be insured for its general liability, motor vehicle,
and Workers' Compensation liability exposures through a self-insurance program. EDD
is covered by a self-insured plan for general liability administered by the State Attorney
General's office. EDD is covered by Workers' Compensation insurance pursuant to
agreement with the State Compensation Insurance Fund. EDD is covered by self-
insured vehicle liability administered by the Office of Insurance and Risk Management
of the Department of General Services.
EDD is subject to the Single Audit Act of 1984. Work of EDD's Internal Auditors and/or
the Single Audit of EDD will be utilized to satisfy the audit requirements of this
Agreement. This Agreement shall be subject to the examination and audit of the State
Auditor for a period of three years after final payment. ..
M. EDD agrees to conform to nondiscrimination provisions of the Workforce Investment
Act and other federal nondiscrimination requirements as referenced in 29 CFR, Part 34,
Subpart B, Section 34.20.
N EDD agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42
U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, and all
applicable federal and State laws and regulations, guidelines, and interpretations
issued thereto.
O. This Agreement shall have no force and effect until signed by both parties, and, if
applicable, approved by the Department of General Services.
P. EDD agrees to comply with such mandatory standards and policies relating to energy
efficiency as particularized in the State Energy Conservation Plan (Title 24, California
Code of Regulations,) as required by the U.S. Energy Policy and Conservation Act (P.L.
94-163) as each may now exist or be hereafter amended.
Q. EDD agrees to comply with Section 306 of the Clean Air Act (42 USC 1857(h)); Section
508 of the Clean Water Act (33 USC 1368;) Executive Order 11738 and Environmental
Protection Agency (EPA) regulations (40 CFR, Part 15) as any may now exist or be
hereafter amended. Under these laws and regulations, EDD assures that:
(1) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(2) It will notify the Administrative Entity prior to award of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA, indicating
that a facility to be utilized for the grant is under consideration to be listed on the
EPA List of Violating Facilities;
(3) It will notify the Administrative Entity and the EPA about any known violation of the
above laws and regulations.
R. EDD shall, where applicable, maintain the confidential nature of information provided to
it concerning participants in accordance with the requirements of Federal and State law.
EDD Contract No. M38'1701
Project Code: 476
Page 4 of 8
EDD agrees to comply with the requirements of federal regulations found at 29 CFR 93
which provide that no appropriated funds may be expended by the recipient of a federal
contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, member of Congress or
an officer or employee of a member of Congress in connection with awarding of any
federal contract, the making of any federal grant or loan, entering into any cooperative
agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. EDD has signed a certification to that
effect as required by the Request for Proposal.
EDD agrees to provide a drug-free work place and has executed a certification as
required by the Request for Proposal.
EDD in accordance with the Child Support Compliance Act recognizes and
acknowledges:
The importance of child and family support obligations and shall fully comply with all
state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9
of the Family Code; and
That to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New
Employee Registry maintained by EDD.
Any literature distributed by EDD for the purpose of apprising businesses, participants,
or the general public of its programs under this Agreement shall state that its programs
are supported by the City of Santa Ana and the Santa Aha Workforce Investment
Board, and shall state that the program is an "equal opportunity employer/program" and
that "auxiliary aids and services are available upon request to individuals with
disabilities."
W. EDD agrees that all property, finished or unfinished documents, data, studies and
reports prepared or purchased by the Subgrantee under this Agreement, will be
disposed of in accordance with the direction of the Subgrantor. In addition, any tools
and/or equipment furnished to the Subgrantee by the Subgrantor and/or purchased by
the Subgrantee with funds pursuant to this Agreement, will be limited to use within the
activities outlined in the agreement and will remain the property of the United States
Government and/or Subgrantor. Upon termination of this Agreement, Subgrantee will
immediately return such tools and/or equipment to the Subgrantor or dispose of them in
accordance with the direction of the Subgrantor.
EDD agrees to adhere to the following Standards of Conduct:
1. General Assurance. Every reasonable course of action will be taken by EDD in
order to maintain the integrity of this expenditure of public funds and to avoid
favoritism. This Agreement will be administered in an impartial manner, free from
errors to gain personal, financial or political gain. EDD, its officers and employees,
EDD Contract No. M381701
Project Code: 476
Page 5 of 8
in administering this Agreement, will avoid situations which give rise to a
suggestion that any decision was influenced by prejudice, bias, special interest or
desire for personal gain.
2. Employment of Former City of Santa Ana Employees. EDD will ensure that any of
its employees who were formerly employed by the Administrative Entity, in a
position that could have enabled such individuals to impact policy regarding or
implementation of programs covered by this Agreement, will not be assigned to
any part or phase of the activities conducted pursuant to this Agreement for a
period of not less than two years following the termination of such employment.
3. Conducting Business Involvin.q Relatives. No immediate family member by blood,
adoption or marriage of any executive or employee of EDD will receive favorable
treatment when considered for enrollment in programs provided by, or employment
with, EDD.
4. Conducting Business Involvin¢l Close Personal Friends and Associates.
Executives and employees of EDD will be particularly aware of the varying
degrees of influence that can be exerted by personal friends and associates and,
in administering this Agreement, will exercise due diligence to avoid situations
which give rise to an assertion that favorable treatment is being granted to friends
and associates. When it is in the public interest for EDD to conduct business with
a friend or associate of an executive or employee of EDD, an elected official in the
area, or a voting or non-voting member of the Workforce Investment Board (WIB,)
a permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of EDD,
elected official in the area, or voting or non-voting member of the WIB, will solicit or
accept money or any other consideration from a third person, for the performance
of an act reimbursed in whole or part by EDD or Administrative Entity. Supplies,
materials, equipment or services purchased with Agreement funds will be used
solely for purposes asserted or allowed under this Agreement. No voting member
of the WIB will cast a vote on the provision of services or vote on any matter that
would provide direct financial benefit to that member or any business or
organization which the member directly represents.
Y. If, through any cause, EDD violates any of the terms and conditions of this Agreement,
and or prior agreements whereby grant funds were received by EDD pursuant to this
Agreement, or if EDD reports inaccurately or if any Audit Report makes disallowances,
EDD shall promptly remedy its acts or omissions and/or repay the Administrative Entity
all amounts due it as a result of EDD's violation. For any such failures or violations, the
Administrative Entity shall also have the right at its sole discretion to either: (1)
discontinue program support until such time as EDD fulfills its obligations or remedies
all violations of this agreement or prior agreements; and/or (2) collect outstanding
amounts as determined by the Administrative Entity due it by offsetting or debiting from
current claims or invoices, if after thirty (30) days' written notice EDD has failed to repay
same or a repayment schedule has not been made; and/or (3) terminate this agreement
by giving written notice to EDD of such termination in accordance the notice provision in
Paragraph 7 below.
EDD Contract No. M381701
Project Code: 476
Page 6 of 8
5. Fiscal Provisions
The specific cost for services provided under the Agreement are set forth in Exhibit D
entitled "Budget." EDD will begin invoicing once the Fiscal Programs Division has received
a copy of the contract signed by both parties. EDD will invoice on or about the 10th of
each month based upon actual expenditures. These expenditures will be supported by
monthly expenditure reports, which will accompany the invoices. Invoices will reference
the contract number and will be sent to:
City of Santa Ana,
SA WIB Administration Office
1000 E. Santa Ana Blvd. Ste. 200
Santa Ana CA 92701
Administrative Entity's Name
Attn: Lydia Morgan
In consideration of the performance and completion of the foregoing and upon receipt of a
detailed invoice, in triplicate, monthly in arrears, the Administrative Entity shall issue
payments so that they are received by EDD no later than the 23~ day of each month in
order that EDD may deposit such payments in a timely manner with the State Controller
for disbursements occurring at the end of the billing period. The payments shall reference
the invoice number and be sent to: .
Employment Development Department
Accounting Section, MIC 70
P.O. Box 826217
Sacramento, CA 94230-6217
Within the authorized closeout period or 60 days after the end of the contract period,
whichever is earlier, EDD will submit a final report reflecting actual expenditures. If a
refund is due the Administrative Entity, it will be submitted with the final report. If actual
expenditures exceed payments, the Administrative Entity will then be billed for the
difference.
6. Program Operation
EDD shall administer this Agreement in accordance with the Workforce Investment Act,
Unemployment Insurance Code, Sections 15000 to 15087, and applicable federal and
State regulations and directives.
7. Termination
EDD Contract No: M381701
Project Code: 476
Page 7 of 8
A. This Agreement may be terminated by either of the parties by notifying the other party in
writing 30 days prior to the effective date of termination.
B. If during the term of this Agreement, the State and/or federal funds appropriated for the
purposes of this Agreement are reduced or eliminated by the California Legislature or the
United States government, the Administrative Entity may immediately terminate this
Agreement upon written notice to EDD.
C. If this Agreement is terminated before the end of its term, EDD shall be paid for all staff
time encumbered or used during this Agreement through the date of termination.
D. Notice required by this paragraph will be effective upon delivery to the Contract Monitor.
E. Contract Monitor
The name and address of the Contract Monitors for EDD and the Administrative Entity are
as follows:
EDD
Name: Peggy Crawford-Dougherty
Address: 1000 E. Santa Ana Blvd., Suite 103, Santa Ana CA 92701
Telephone: 714-565-2671/Fax 714-558-4684
ADMINISTRATIVE ENTITY
Name: Anabell Bates
Address: 1000 E. Santa Ana Blvd., Suite. 200, Santa Ana CA 92701
Telephone: 714-565-2644 / Fax 714-565-2602
EDD Contract No: M381701
Project Code: 476
Page 8 of 8
F. Notices
All notices, reports and correspondence between the parties hereto respecting this agreement
shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
Administrative Entity:
City of Santa Ana
Workforce Investment Board Administration
1000 E. Santa Ana Blvd. Suite 200
Santa Aha, CA 92701
And,
Administrative Entity:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax (714) 647-6956
EDD Contract No. M381701
EDD Project Code: 476
Exhibit B
Page 1 of 2
SCOPE OF SERVICES TO BE PERFORMED
Name of Administrative Entity: City of Santa Ana, Santa Ana Workforce Investment Board
Title of Project: KEYS (KEYS FOR EMPOWERING YOUTH TO SUCCEED)
Location where services will be performed: SAWC, 1000 E. Santa Ana Blvd., Suite 103,
Santa Ana, CA 92701 and various locations in Orange County.
Type of clients to be served: Youth between the ages of 14 and 21, who meet the
eligibility criteria for the Workforce Investment Act In-School and Out-of-School Youth
Program, and who are in need of education, training, support, and job search services to
obtain and retain employment.
Purpose of the project: The KEYS program will provide employment and career preparation
services to in-school and out-of-school eligible youth under the Workforce Investment Act
(WIA). The KEYS program will assist eligible youth acquire the necessary skills and work
experience to successfully transition into careers, further education, training and adulthood.
The KEYS program will provide a bridge to community resources through a network system
that will maximize the talent and potential of the youth participants. EDD will provide the
following Workforce Investment Act elements to eligible KEYS participants:
3- Summer Eligible youth will receive job search workshops, labor market information,
Employment and help in obtaining summer employment related to work experience or
career goals.
4- Paid and Unpaid This element will be provided by EDD, and will include paid internships and
Work Experience job shadowing.
6- Leadership Leadership Development opportunities may include community services and
Development peer-centered activities encouraging responsibilities and other positive social
behaviors. Activities will be age-specific, appropriate, and purposeful in
seeking to meet youth needs and build relevant experiences. This enables
youth to develop decision-making skills and improve citizenship skills.
7- Supportive Services Supportive services will include clothing and tools needed by clients to meet
academic learning/training/employment needs and to attain goals. The
program will offer transportation, bus passes, childcare, and help in obtaining
original social security cards, CA DMV identification cards and driver's
licenses.
8- Adult Mentoring An adult mentoring program, with emphasis on life skills, positive behaviors,
problem solving and family conflict resolution will be established. The
program will also include peer mentoring. A list of local program resources
will be available to all participants.
9- Follow-Up Services Follow-up services xvill track the progress of youth for 12 months after the
client exits the program, and will provide supportive services as needed. The
base wage file will be also be used to track employment.
EDD Contract No. M38'1701
EDD Project Code: 476
Exhibit B
Page 2 of 2
Project objectives: During the contract term, the KEYS program will serve 35 eligible Santa
Ana at-risk youth meeting WIA performance standards.
Youth Service Provider Network Outcomes (Performance Accountability)
Younger Youth Ages 14~18
Appropriate Goal WIA Outcome Goal Documentation Required
Examples
Improving Reading ~ Math Test to show improvement
levels
Skill Attainment 77%
Learning an occupation Occupational Training Cert.
Graduating High School High school diploma
or Receiving a GED Diploma / Equivalent 45% Or GED Certificate
Ciraduatmg to the next grade
Or continuing post Retention Rate 46% Attendance Records
secondary education
Older Youth Ages 19-21
Appropriate Goal WIA Outcome Goal Documentation Required
Examples
Place into unsubsidized Entered Employment Rate
employment, includes 65% Wage Records (pay stubs)
Military service
Maintaining employment t6r Retention Rate Wage Records (pay stubs)
a minimum of 6 months 84%
Wage increase over a 12 Earnings Gains Wage Records (pay stubs)
month period $2,580
Learn an occupation, Credential Attainment Rate Certltlcate/rom industry
advanced training, qualified 45% and/or recognized provider
apprenticeships
EDD Contract: .M381701
EDD: 476
Exhibit C
SCHEDULE OF EXPENDITURES
The following schedule reflects expenditures estimated to be accrued during the
indicated month. It is anticipated that invoicing will reflect these amounts or
adjustments thereto.
MONTH
1. June 2002
2. July 2002
3. August 2002
4. September 2002
5. October 2002
6. November 2002
7. December 2002
8. January 2003
9. February 2003
10. March 2003
11. April 2003
12. May 2003
13. June 2003
TOTAL
*Amount indicated will be adjusted by difference between
months prior.
ESTIMATED EXPENDITURES
$13,908.38'
$13,908.38'
$13,908.38'
$13,908.38'
$13,908.38*
$13,908.38'
$13,908.38'
$13,908.38'
$13,908.38'
$13,908.38'
$13,908.38'
$13,908.38'
$13,908.44'
$180,809.00
(To equal total amount set forth in Budget, Exhibit D.)
actual and invoiced expenditures for period two
Contract Name: City of Santa Ana- KEYS
Term of Contract: 06/01/02 to 06/30/03
Field OfficelDivisi Santa Ana 0420
EDD Contract: M38t701
Project Code: 476
Exhibit D
Budget Detail Sheet (by PYs)
SFY 2002-03*
PERSONAL SERVICES & PERSONNEL BENEFITS fPS & PB~
Annual Contract Total
Classification Salary_ Hours PYs Costs
Student Assistant-C $20,172 1561.9500 0.9000 $18,155
EPR-C $45,456 2267.4308 1.3065 $59,388
EPM I $57,132 225.6150 0.1300 $7,427
Bilingual $1,200 0.0000 0.0000 $0
Sub -Total 4054.9958 2.3365 $84,970
o
Administrative Staff and Technical (AS&T) ( 6.74 Ye of (A))
(A)
Sub- Total $90,697 (B)
Personnel Benefits (27.57% of (B)) (Includes AS&T)
TOTAL PS & PB $115,702
OPERATING EXPENSES & EQUIPMENT (OE&E)
Allocated OE&E (22.77% of (B)) $20.652
Direct OE&E
Exoense Tvee Est. Cost
mileage and travel, $44,455
supplies and equip
Total Direct OE&E
TOTAL OE&E
$44.455
$65.107
CONTRACT TOTAL
s18o.8o~9
* Rates may be subject to change.
Please Note: If Staff is outstationed DO NOT include the allocated OE&E