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HomeMy WebLinkAboutCA EMPLOYMENT DEV DEPT 3 • AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-30). Call 647-6520 if you have any questions. The agreement with was completed on Department: Signature: Date: Revised 4-16-87 A- o~OC.1.~ ' ~ ~ ~ and final payment has been made. City of Santa Ana Clerk of the Council I?auno~ aq-3o xjal~ sm~ slung;o ,CI?~ :also :amisUS?g :luaurlasdaQ •apsut uaaq ssq;uaLUnsa Isug pue 1 ~ ~~~ -~ LS-9I-b pas?nag uo palaiducoa sem ql?m luautaa.Bs aqs •suo?lsanb ,ius ansq noei•{? OZS9-Lb9 IIs~ •~0£-L~ [?auno~ agl3o xcal~ ~ilndaQ aql of uuo3 umlag •Ioa33a u? iaSuol ou s? luauzaa.~s pagaslls aql uagm uuo; s?ql alaiduzoo assatd NOI,LHNII~I2ids .LNffY~I~d2I `~ !^! ~YV ~~ ~~iii~4.ll CLi'kii ;F ;~,lJNCiL 5-~-~y- EDD Contract No.: M485751 Project Code: 365 EDD /Administrative Entity Page 1 of 5 STANDARD AGREEMENT FOR EMPLOYMENT SERVICES This Agreement is entered into by and between the Santa Ana WORK Center, hereinafter referred to as the "Administrative Entity," and the Employment Development Department of the State of California, hereinafter referred to as "EDD." The purpose of this Agreement is for EDD to provide specific employment services to the Administrative Entity. All services shall be performed in accordance with the provisions hereinafter and herein expressed. The term of this Agreement shall be September 1, 2003 through June 30, 2004. The Administrative Entity shall reimburse EDD in the amount not to exceed $80,766.00 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, Scope of Services to be Performed ' "~ Exhibit B, Schedule of Expenditures ~~ ~ ~f'~~., Exhibit C, Budget ~~ IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. EDD Administrative Enlity Employment Development Department Santa Ana W/O/R/K Center By (Authorized Signature) By (Authorized S' at re) n .A/ ,~~~~ i ed Name antl Title of Person Signing Printed Name and Title of Person Signing Joanna T. Rodgers David N. Ream Southern Job Service Division Chief, Acting City Manager Address Address Southern Job Service Division City of Santa Ana 8977 Activity Rd., Suite A PO Box 1988-M31 CA 92126 Santa Ana, CA 92702 ; __:« ~{OVED ~g m(~ inn.,,. D TMENT OF GENERAL SERVICES USE ONLY, ~ ~~ a A19PlC/A E NEAC1 i-lSA E. STORCK ~ ~ 77#E CO(/NC~, Assistant City Attorney DE 8798 Rev. 4(9/07) State of California/Employment Development Department MAY - ~ ?np4 /_ . ~ C~,Ud~ C~~_. cz ~,~ EDD Contract No.: M485751 Project Code: 365 EDD /Administrative Entity Page 2 of 5 4. FISCAL PROVISIONS: The specific cost for services provided under the Agreement are set forth in Exhibit C entitled "Budget." The EDD will begin invoicing once the Fiscal Programs Division has received a copy of the contract signed by both parties. The 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 EDD contract number and will be sent to: Santa Ana W/O/R/K Center Administrative Entity's Name 1000 E. Santa Ana Blvd., Ste. 200 Address Santa Ana, CA 92701 City, State, Zip Osiel "Ozzie" Madrigal Attn: 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 23rd day of each month. This is so 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. EDD Contract No.: M485751 Project Code: 365 EDD /Administrative Entity Page 3 of 5 5. CONTRACT MONITORS: 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., Ste. 103, Santa Ana, CA 92701 Telephone: (714) 565-2671 Fax: (7141 558-4684 Administrative Entity Name: Lydia Morgan Address: 1000 E. Santa Ana Blvd., Ste. 200, Santa Ana CA 92701 Telephone: (714) 565-2623 Fax: (714) 565-2602 EDD Contract No.: M485751 Project Code: 365 EDD /Administrative Entity Page 4 of 5 6. GENERAL TERMS AND CONDITIONS A. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. B. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. C. AUDIT: EDD agrees that the Department of General Services, the Bureau of State Audits, or their designated representative, and an authorized representative of the Administrative Entity shall have the right to copy any records and supporting documentation pertaining to the performance of this Agreement. The EDD agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. The EDD agrees to allow access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. (GC 8546.7). 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. D. AMERICANS WITH DISABILITIES ACT: The 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 E. COMPENSATION: The consideration to be paid EDD, as provided herein, shall be in compensation for all of EDD's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. F. DISPUTES: 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 shall continue with the responsibilities under this Agreement during any dispute. G. INDEMNIFICATION: 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. EDD Contract No.: M485751 Project Code: 365 EDD /Administrative Entity Page 5 of 5 H. INDEPENDENT CAPACITY: 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. INSURANCE: The State of California has elected to be insured for its general liability, motor vehicle, and Workers' Compensation liability exposures through aself-insurance program. EDD is covered by aself-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. NON-DISCRIMINATION: The EDD agrees to conform to federal nondiscrimination requirements as referenced in 29 CFR, Part 34, Subpart B, Section 34.20. Both parties to this Agreement agree to adhere to appropriate federal and State legislation concerning nondiscrimination and affirmative action procedures. K. PROGRAM OPERATION: EDD shall administer this Agreement in accordance with the California Unemployment Insurance Code, and applicable federal and State regulations and directives. I. TERMINATION: 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: 1. 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. 2. 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. 3. Notice required by this paragraph will be effective upon delivery to the Contract Monitor. M. TIMELINESS: Time is of the essence in this Agreement. N. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby. O. CONFIDENTIALITY PROVISION: Both parties to this Agreement agree to protect confidential and sensitive information from loss, and unauthorized access, use, modification, disclosure or destruction. Both parties agree to use the protected information pursuant to applicable laws including but not limited to, Civil Code Sections 1798 et seq., (The California Information Practices Act); the California Unemployment Insurance Code Sections 1094 and 2111; the California Penal Code Section 502; and the Public Law 104-191 (Health Insurance Portability and Accountability Act of 1996). EDD Contract No.: M485751 EDD/Project Code: 365 Exhibit A Page 1 of 3 SCOPE OF SERVICES TO BE PERFORMED Name of Administrative Entity: Santa Ana W/O/R/K Center (SAWC) One-Stop Title of Project: FEZ Daisy Wheel Network Location where services will be performed: Santa Ana W/O/R/K Center (SAWC) One-Stop, 1000 E. Santa Ana Blvd., Ste. 200 and 220, Santa Ana, CA 92701, and/or other sites throughout Santa Ana. Type of clients to be served: Federal Empowerment Zone residents, eighteen years and older, who are unemployed or underemployed, and Empowerment Zone employers. Purpose of the project: The purpose of the project is to equip FEZ job seekers with the necessary skills and knowledge to obtain gainful employment through proven tactics established by EDD under the current FEZ contracted program. Program Design and Elements: As subcontractors, EDD will make available a pathway leading beyond established barriers and offer clients an individualized assessment that includes a review of academic and occupational skills levels, a review of service needs, and development of an Individual Service Plan that includes employment goals. Services to Empowerment Zone residents include: 1. Initial interview to determine client eligibility to enter the FEZ contracted program 2. Information about Unemployment and Disability Insurance 3. Referrals to appropriate partners and EDD programs/services to increase client skill level and eliminate barriers 4. Job Search Training Workshops (4) to increase the marketability ofjob seekers focusing on job search techniques, resume writing, and job retention 5. Desk coaching to aid FEZ clients in their job search efforts 6. Job search, job development, and job placement assistance 7. Referral to positive recruitments) for entry-level positions within Orange County 8. Referral to job fairs located throughout Orange County 9. Case management for specific individuals, such as veterans, ex-offenders, at- risk youth, and CaIWORKS participants. Services to Empowerment Zone employers include: 1. Rapid Response services for employers 2. Liaison between Zone employers and the SAWC 3. Labor market information to meet local employment needs 4. Recruiting, screening, and employment services to employers 5. Assistance to Zone employers in listing openings on CaIJOBS and in searching through resumes for appropriate job seekers 6. Information and outreach to FEZ employers about services available at SAWC. EDD Contract No.: M485751 EDD/Project Code: 365 Exhibit A Page 2 of 3 Performance Outcomes: The EDD Employment Program Representative will provide employment assistance to FEZ job seekers who live in a designated economic development area, who face multiple barriers, who lack applicable work skills and who demonstrate a need for services available through EDD. EDD's goals: A. 80 FEZ residents will be served B. Of the 80 served, 40 (50%) will be provided additional services as needed. C. Of the 80 served, 32 (40%) will receive one or more of the following: job placement, work experience, on-the-job training, job retention services, attend English as a Second Language (ESL) classes; be provided with skill upgrades; have access to paid internships. D. Planned enrollments by quarter: WORK Center Responsibilities: 1. Develop contracts for partners 2. Provide orientation and training on eligibility, referral process, assessment, MIS tracking system, joint policies and procedures, fiscal billing, documentation, etc. 3. Develop joint forms such as application, screening/intake tool, ISP, referral form, MIS forms, etc. 4. Perform Program Monitoring 5. Perform Program Reporting 6. Provide partners with on-going technical assistance 7. Provide a quarterly FEZ newsletter 8. Facilitate monthly meetings EDD Responsibilities: 1. Employment Development Department will provide eligible FEZ residents with services designed to meet the FEZ Board requirements. A participant will be provided with one or more of the following services to assist him in obtaining unsubsidized employment and self-sufficiency: Case management • Job development • Placement and retention services 4 job search workshops • Presentations • Referrals to positive recruitments • Mailings 2. Evaluate participants for eligibility and assign those eligible for program services. 3. Perform client assessments. Assess education level of FEZ participants through TABE test and using ISP form. 4. Report progress and job placements to WORK Center FEZ staff 5. Incorporate all service navigator partners' information into each other's program marketing materials. 6. Attend monthly partner meetings. 7. Provide WORK Center FEZ staff with monthly and quarterly progress reports. 8. Provide WORK Center FEZ staff with necessary information for conducting informal and formal monitoring of program progress. EDD Contract No.: M485751 EDD/Project Code: 365 Exhibit A Page 3 of 3 9. Meet performance measures. All staff and agencies participating in this project will be held accountable for achieving their agency FEZ performance measures. 10. Submit Monthly Statistics Report documentation to FEZ Liaison staff by the 5'h of every month. Report should include new enrollments and a continuous Activity Enrollment Form. 11. Maintain a current and complete file (electronic as well as a hard copy) for each FEZ participant: eligibility documentation, confidentiality agreements, registration form, assessment, Individual Service Plan (ISP), EEO/Grievance, case notes, supportive services documentation, attendance records, training documentation, etc. 12. Comply with allowable expenses. To be allowable, cost must: a) be reasonable for the performance of the program b) conform to any limitations or exclusions set forth in the program as to types or amount of cost items c) be consistent with policies and procedures that apply uniformly to both federally-financed and other activities of the organization d) be determined in accordance with generally accepted accounting principles (GAAP) e) not be included as a cost or used to meet cost sharing or matching requirements of any other federally-financed program in either the current or a prior period f) be adequately documented 13. Submit, in triplicate, a monthly invoice on or about the 10'" of each month following the month in which services were provided and based upon actual expenditure. These expenditures will be supported by monthly expenditure reports, which will accompany the invoices. Invoices will reference the EDD contract number and will be sent to: Osiel "Ozzie" Madrigal, Santa Ana WORK Center, 1000 E. Santa Ana Blvd. Suite 200, Santa Ana, CA 92701. - EDD Contract No. M485751 EDD/Project Code 365 Exhibit B Page 1 of 1 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. $ 2. $ 3. $ 4. $ 5. $ ESTIMATED EXPENDITURES * * 6. * 7. $ 8. $ 9. $ * . . 10. $ 11. $ 12. $ * TOTAL $ (To equal total amount set forth in Budget, Exhibit C.) *Amount indicated will be adjusted by difference between actual and invoiced expenditures for period two months prior Note: The expenditure plan will be as billed. . ,~: Contract Name: Santa Ana FEZ EDD Contract: M485751 Term of Contract: 09/01/03 to 06/30/04 Project Code: 365 Field Office/Division: Santa Ana # 0420 Exhibit C Budget Detail Sheet (by PYs) SFY 2003-04* PERSONAL SERVICES & PERSONNEL BENEFITS (PS & PB Annual Contract Total Classification Salarv Hours PYs Costs EPR-C $47,729 2026.64 1.16 55 366 Sub -Total 2026.64 1.16 $55,366 (A) Administrative Staff and Technical (AS&T) (6.74% of (A)) 3 732 Sub -Total $59,098 (B) Personnel Benefits (33.28% of (B)) (Includes AS&T) 19 668 TOTAL PS 8, PB $78,766 OPERATING EXPENSES & EQUIPMENT (OE&E) Allocated OE&E (22.77% of (B)) Direct OE&E Expense Tvoe Est. Cost mileage and travel, $2,000 supplies and equip Total Direct OE&E 2 000 TOTAL OE&E 2 000 CONTRACT TOTAL $80.766 * Rates may be subject to change. Please Note: If Staff is outstationed DO NOT include the allocated OE&E