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HomeMy WebLinkAboutA-2003-221FUNDING SOURCE COPY WIA 25% AGREEMENT NO. S1-T-03 VglA COST REIMBURSEMENT AGREEMENT County of Orange THIS AGREEMENT, between the County of Orange, hereinafter referred to as "COUNTY" and City of Santa Ana hereinafter referred to as "CONTRACTOR," consists of forty-five (45) sections, nine (9) exhibits, A. General Program Requirements, B. Statement of Work, C. Performance Standards, D. Budget Schedule, E. Drag Free Workplace Certification, F. Suspension & Debarment Certification G. Certification Regarding Lobbying, and H. Disclosure Form to Report Lobbying, I. Child Support Enforcemem Provision (for-profit providers only), J. EDD Independent Operator Reporting Requirements. TABLE OF CONTENTS No. Page 1. TERM .................................................................................................................................................................. 4 2. PURPOSE ........................................................................................................................................................... 4 3. COMPLIANCE WITH LAW ............................................................................................................................. 5 (a) Federal ........................................................................................................................................................... 5 (b) Clear Air and Clean Water Act ......................................................................................... 5 (c) Energy Efficiency Standards .......................................................................................................................... 5 (d) State ............................................................................................................................................................... 5 (e) County ........................................................................................................................................................... 5 (f) Local .............................................................................................................................................................. 5 (g) Court Orders .................................................................................................................................................. 5 (b) Terms and Conditions ................................................................................................................................... 5 4. STATEMENT OF WORK ................................................................................................................................ 6 5. SERVICES ......................................................................................................................................................... 6 6. MODIFICATION OF PROGRAM COMPONENTS AND SERVICE LEVELS ............................................. 6 7. INSTRUCTORS ................................................................................................................................................ 7 8. PERFORMANCE STANDARDS ..................................................................................................................... 7 9. PLANS AND PROCEDURES .......................................................................................................................... 7 10. SATISFACTORY WORK ................................................................................................................................ 7 11. REPORTS ......................................................................................................................................................... 8 12. NO SUPPLANTATION ................................................................................................................................... 8 13. INDEPENDENT CONTRACTOR ................................................................................................................... 8 14. SUBCONTRACTS/ASSIGNMENTS .............................................................................................................. 8 15. CONTINGENCY OF FUNDS .......................................................................................................................... 9 16. BUDGET SCHEDULE ..................................................................................................................................... 9 17. MODIFICATION OF BUDGET SCHEDULE ................................................................................................ 9 18. PAYMENTS BY COUNTY ........................................................................................................................... 10 (a) Monthly Payments .................................................................................................................................... 10 1 Contract]93283 REV 08/~/03 Co) County Discretion ....................................................................................................................................... 10 (c) Invoices ...................................................................................................................................................... 10 (d) Grant Fund Interest ..................................................................................................................................... 10 19. FISCAL ACCOUNTABILITY ....................................................................................................................... 11 (a) Financial Management System ................................................................................................................... 11 (b) Contractor's Records .................................................................................................................................. 11 (c) Costs Charged ............................................................................................................................................. I 1 20. PROGRAM INCOME .................................................................................................................................... 11 21. PELL GRANTS/I-IEA TITLE IV .................................................................................................................... 12 22. ANNUAL AUDIT .......................................................................................................................................... 12 23. ACCESS AND RECORDS ............................................................................................................................ 12 (a) Access ......................................................................................................................................................... 12 (b) Records Retention ...................................................................................................................................... 13 24. FRAUD ........................................................................................................................................................... 13 25. MODIFICATIONS/CHANGE ORDERS ....................................................................................................... 13 (a) By H&CSD ................................................................................................................................................. 13 Co) By CONTRACTOR ................................................................................................................................... 14 26. PARTICIPANTS ...................................................................................... : ..................................................... 15 (a) Benefits ....................................................................................................................................................... 15 Co) Labor Standards .......................................................................................................................................... 15 (c) Complaint Handling Procedures ................................................................................................................ 15 (d) Nondiscrimination and Compliance Provisions ......................................................................................... 15 27. CONFIDENTIALITY ..................................................................................................................................... 17 28. PROPERTY .................................................................................................................................................... 17 (a) Definitions .................................................................................................................................................. 17 Co) Property Management ................................................................................................................................ ! 7 29. INDEMNIFICATION ..................................................................................................................................... 18 30. INSURANCE .................................................................................................................................................. 18 (a) Qualified Insurer ......................................................................................................................................... 19 (b) Coverage Limits ......................................................................................................................................... 20 (c) Endorsements ............................................................................................................................................. 20 31. PATENT/COPYRIGHT MATERIALS/PROPRIETARY INFRINGEMENTS .................................. 22 32. CORPORATE STATUS ................................................................................................................................. 23 33. STANDARDS OF CONDUCT ...................................................................................................................... 23 (a) General assurance ....................................................................................................................................... 23 (b) Employment of Former State or COUNTY Employees ............................................................................. 23 (c) Conducting Business Involving Relatives .................................................................................................. 23 (d) Conducting Business Involving Close Personal Friends and Associates ................................................... 23 (e) Avoidance of Conflict of Economic Interest .............................................................................................. 24 34. DRUG FREE WORKPLACE ......................................................................................................................... 24 35. DEBARMENT ................................................................................................................................................ 24 36. SECTARIAN ACTIVITIES ........................................................................................................................... 24 37. LITERATURE ................................................................................................................................................ 25 38. LOBBYING .................................................................................................................................................... 25 39. BREACH - SANCTIONS ............................................................................................................................... 25 2 Conlra¢ff93283 REV 08/25/03 40. DISPUTES ...................................................................................................................................................... 26 41. TERMINATION ............................................................................................................................................. 26 42. LIQUIDATED DAMAGES ............................................................................................................................ 27 43. TOTAL AGREEMENT .................................................................................................................................. 27 44. CHILD SUPPORT ENFORCEMENT ........................................................................................................... 28 45. NOTICES ........................................................................................................................................................ 29 SIGNATURES EXHIBITS A B C D E F G H General Program Requirements Statement of Work Performance Standards Budget Schedule Drug-Free Workplace Certification Certification Regarding Lobbying Disclosure Form to Report Lobbying Child Support Enforcement Provision (for profit only providers) WITNESSETH: WHEREAS, Congress has enacted the "Workforce Investment Act of 1998," hereinafter referred to as "the Act," to provide workforce investment activities, through statewide and local workforce investment systems, that increase employment, retention and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the work force and enhance the productivity and competitiveness of the Nation, and WHEREAS, COUNTY, acting as the Administrator of Workforce Investment Act funds, is empowered to make a portion of the funds available pursuant to the Act (hereinafter referred to as "grant funds") to CONTRACTOR, for the purpose of implementing the provisions of the Act; and WHEREAS, COUNTY, by Minute Order dated , a copy of which is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein and made a part hereof as Contr~cd93283 REV 08t25/03 3 if fully set forth, has appropriated a portion of grant funds in the amount of $180,000 to engage CONTRACTOR to carry out certain program services; WHEREAS, the Housing and Community Services Department (hereinafter referred to as "H&CSD") orhis designees shall administer this Agreement as is necessary or reasonable to comply with or implement the grants received by COUNTY and as required by law or applicable regulations; and WHEREAS, CONTRACTOR, in order to receive grant funds, is agreeable to the terms and conditions hereinafter set forth; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: TERM 1. The effective term of this Agreement shall be from the period beginning May 1, 2003 and ending December 31,2004 subjecttotheprovisions of Sections 15,39and41 ofthisAgreement. This Agreement shallbe eligible for extension upon approval by the Board of Supervisors as provided for under the Act and or subsequent federal and state guidelines. CONTRACTOR agrees that any and all funds received under this Agreement shall be disbursed or encumbered on or before December 31, 2004, and that any and all funds remaining as of December 31, 2004, which have not been disbursed or encumbered shall be returned by CONTRACTOR to COUNTY. No expense of CONTRACTOR will be reimbursed by COUNTY if incurred after December 31, 2004. No CONTRACTOR expenses shall be paid if billing is received by COUNTY after January 5, 2005. PURPOSE 2. The purpose of the program funded by this Agreement is to provide workforce investment activities to those seeking employment and to businesses, through local workforce investment systems, that increase employment, retention, earnings and occupational skill attainment and, by increasing the effectiveness of local and regional business through economic development activities, job matching, and other services, and, as a result, 4 Contract/93283 REV O8/2~/03 improve the quality of the work force and enhance the productivity and competitiveness of Orange County and the Nation. CONTRACTOR shall ensure that the program funded hereby shall comply with this purpose. COMPLIANCE WITH LAW 3. In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: (a) The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. (b) All applicable standards and orders and requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Environmental Protection Agency regulations in contracts in excess of t $100,000. (c) CONTRACTOR shall comply with such mandatory standards and policies relating to energy efficiency as particularized in the State Energy Conservation Plan. (Title 20, 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. (d) All applicable State statutes, regulations, policies, procedures and directives; (e) All applicable COUNTY policies, procedures and directives; (f) All applicable local ordinances and requirements, including use permits and licensing; (g) Court orders applicable to its operation; and (h) The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify H&CSD after enactment or modification that it cannot so comply. COUNTY may thereupon terminate this Agreement, if necessary. 5 Contract/93283 RE¥ 08/25/03 STATEMENT OF WORK 4. This Agreement is based upon the Statement of Work included as Exhibit B to this Agreement. CONTRACTOR agrees to comply with all provisions, to perform all work, and to provide all services set forth in this Agreement and the aforementioned Statement of Work in a professional, timely and diligent manner. The parties hereto agree that concerning matters not specifically contained within the body of this Agreement, the Statement of Work will be controlling. SERVICES $. CONTRACTOR agrees that those specific program components to be performed by CONTRACTOR, and the service levals to be utilized by COUNTY for program evaluation and monitoring, include, but are not limited to, those set forth in Exhibits "A", "B" and "C", which are attached hereto and which by this reference are incorporated herein and made a part hereof as if~lly set forth. To the extent necessary as determined by H&CSD, such program components and curriculum shall be approved by and comply with the requirements of State Agencies having jurisdiction. CONTRACTOR agrees that it is responsible £or and guarantees performance of all of the specific program components and service levels listed in Exhibits "A", "B" and "C". CONTRACTOR further agrees that lack of compliance with Exhibits "A", "B" or "C" may, in addition to those remedies set forth in Section 39 of this Agreement, constitute grounds for COUNTY to reduce thc level of payment otherwise provided under Section 18 of this Agreement or to reduce the payment level and budget at which CONTRACTOR will be funded for the remainder of the period &this Agreement. Any such reduction shall occur only as a result of action of the Orange County Board of Supervisors. MODIFICATION OF PROGRAM COMPONENTS AND SERVICE LEVELS 6. The parties hereto agree that those program components and service levels detailed in Exhibits "A", "B" and "C" may be modified so long as thc total payments under this Agreement arc not increased and the ContractJ93283 REV 08/25/03 basic goals and objectives of the program are not altered. However, any such modification shall not be made without the prior written approval of H&CSD. INSTRUCTORS 7. CONTRACTOR assures that all instructors involved in the training of participants are qualified to instruct in the appropriate program or training component or curriculum. If necessary, such instructors shall be appropriately certified by the State of California. Within thirty (30) days after the execution of this Agreement, CONTRACTOR shall submit to H&CSD a list of the names and qualifications of all instructors who will be providing such training and shall notify H&CSD forthwith of any amendments or revisions thereto. PERFORMANCE STANDARDS 8. CONTRACTOR shall comply with and adhere to the performance accountability standards and general program requirements described in Sections 136 (Performance Standards) and 195 (General Program Requirements) of the Act and applicable regulations and as contained in Exhibit "C". PLANS AND PROCEDURES 9. CONTRACTOR shall monitor its program for compliance with the provisions of this Agreement. CONTRACTOR shall also comply with all applicable parts of COUNTY'S WIA Policies and Procedures for recruitment, intake, assessment and referral, copies of which are available from H&CSD. Said Policies and Procedures may bc modified by COUNTY upon ten (10) days written notice to CONTRACTOR. SATISFACTORY WORK 10. Services rendered hereunder are to be performed to the satisfaction of H&CSD. COUNTY'S staff will interpret all reports and will decide the quality, acceptability and progress of the services rendered hereunder. Con~act/93283 REV 080.5/03 7 REPORTS 11. CONTRACTOR shall submit such reports, data and information at such times as H&CSD may require, and in the form H&CSD may require, regarding the performance of CONTRACTOR'S services, or CONTRACTOR'S activities, costs or other data. NO SUPPLANTATION 12. Funds provided under this Agreement shall be used only for activities that are in addition to those that would otherwise be available in the absence of such funds. CONTRACTOR shall not render the same services under this Agreement to any participant whose cost of servicas is otherwise paid for by any other person or entity. INDEPENDENT CONTRACTOR 13. CONTRACTOR agrees that the services provided hereunder are rendered in its capacity as an independent contractor and that it is in no way an agent of COUNTY, nor shall its employees be entitled to any personnel benefits of COUNTY whatsoever. SUBCONTRACTS/ASSIGNMENT 14. None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be Sub-contracted or assigned to any agency, consultant, or person without the prior written consent of COUNTY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. CONTRACTOR shall insure that all subcontracts for services and contracted staff are procured in a manner consistent with Federal and local guidelines. Description of the intended method of procurement must be included as part of the budget which is included as Exhibit D of this Agreement. CONTRACTOR shall itemize all sub-contractor and contracted staff costs in the budget so it is clear how the funds will be allocated and spent by each contractor. By entering into this Agreement CONTRACTOR agrees that it is the direct provider of intensive services. Within 30 days of execution, CONTRACTOR shall submit to H&CSD copies of all sub-contracts for 8 Contractd93283 REV 08/25/03 services and contracted staff, and other agreements, as well as documentation indicating the approving authority's approval, that relate to this Agreement. CONTINGENCY OF FUNDS 15. CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval; receipt of funds fi.om, and obligation of funds by, the State of California to COUNTY; and inclusion of sufficient funding for the services hereunder in the budget approved by COUNTY'S Board of Supervisors for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, COUNTY shall notify CONTRACTOR immediately and in writing. Immediately upon such notice CONTRACTOR shall modify or cease operations as directed by COUNTY. If COUNTY determines that modification of CONTRACTOR'S operations hereunder is preferable to cessation of such operations, within twenty days of said written notice, COUNTY and CONTRACTOR shall negotiate necessary modifications to this Agreement and/or reimbursement of costs incurred hereunder. BUDGET SCHEDULE 16. CONTRACTOR agrees that the expenditures of any and all funds under this Agreement will be in accordance with the BUDGET SCHEDULE, a copy of which is attached hereto as Exhibit "D", and which by this reference is incorporated herein and made a part hereof as if fully set forth. MODIFICATION OF BUDGET SCHEDULE 17. The budget schedule consists of the following budget categories: Salmy and Benefits, Operations, Equipment, Travel, Supportive Services, Consultant/Subcontract, Participant Wages, Employer Reimbursements, Participant Training Costs, and Profit. Upon written approval of H&CSD, CONTRACTOR shall have the authority to transfer allocated program funds from one category of the overall program budget to any other category of the overall program budget, as long as the amount of the total grant is not increased and the basic goals and objectives of 9 the program are not altered. No such transfer may be made without the express prior written approval of H&CSD. A modification of the Budget Schedule may include the addition of any new budget category. Approval of the Budget Modification by H&CSD includes approval of the new Budget Category, PAYMENTS BY COUNTY 18. Upon the effective date of this Agreement, COUNTY shall make payments to CONTRACTOR in accordance with the following payment schedule: (a) Monthly Payments. Beginning June 1, 2003, upon receipt and approval by H&CSD of CONTRACTOR'S invoice showing the prior month's actual expenditures, COUNTY shall make monthly reimbursement payments based on CONTRACTOR'S invoice so long as the total payments under this Agreement do not exceed $180,000. 0o) County Discretion. At the sole discretion of COUNTY, payments to CONTRACTOR may be made more frequently than monthly. (c) Invoices. CONTRACTOR shall provide to H&CSD/SPD monthly invoices by the 20th day following the month being reported. CONTRACTOR shall submit invoices to H&CSD/SPD. CONTRACTOR'S invoices shall show the most up to date costs chargeable to the program(s) referenced in this Agreement. If CONTRACTOR'S expenditures for any program referenced in this Agreement fall below 20% of planned expenditures for any cumulative period commencing from the beginning of the term of this Agreement, CONTRACTOR may be subject to a reduction in funding. No payments will be authorized if any preceding month's reports or invoices are outstanding. (d) Grant Fund Interest. All interest earned by CONTRACTOR on grant funds must be returned to COUNTY. Contract/93283 REV 08/25/03 10 FISCAL ACCOUNTABILITY 19. (a) Financial Management System. CONTRACTOR shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. CONTRACTOR'S system shall provide fiscal control and accounting procedures that will include the following: (1) Information pertaining to subgrant and contract awards, obligations, unobligated balances, assets, expenditures, and income; (2) Effective internal controls to safeguard assets and assure their proper use; (3) A comparison of actual expenditures with budgeted amounts for each subgrant and contract; (4) Source documentation to support accounting records; and t (5) Proper charging of costs and cost allocation. (b) CONTRACTOR'S Records. CONTRACTOR'S records shall be sufficient to: (1) Permit preparation of required reports; (2) Permit the tracing of funds to a level ofexpenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; and (3) Permit the tracing of program income, or profits earned, and any costs incurred (such as stand-in costs) that are othenvise allowable except for funding limitations. (c) Costs Charged. Costs shall be charged to this Agreement only in accordance with the following: (1) the Act; (2) 20 C.F.R. Part 667; and (3) State implementing legislation. PROGRAM INCOME 20. COUNTY'S maximum obligation hereunder shall be reduced by the amount of any program income Contract/93283 REV 08/25/03 11 earned by CONTRACTOR, from sources other than COUNTY, as a result of this Agreement or the services provided by CONTRACTOR pursuant to this AGREEMENT. PELL GRANTS/HEA TITLE IV 21. If CONTRACTOR provides any services under this Agreement to applicants for or recipients of Pall Grants or awards pursuant to Title IV of the Higher Education Act, CONTRACTOR shall cooperate with H&CSD in coordinating these grants and awards with WIA funding in accordance with 20 C.F.R. 663.320 and Section 134 (d) of the Act. CONTRACTOR shall inform H&CSD of the amounts and disposition of any Pell Grants, Higher Education Act Title IV awards and other financial aid granted to each WIA participant under this Agreement. ANNUAL AUDIT 22. CONTRACTOR shall arrange independently for an audit performed by a Certified Public Accountant that includes WIA funds received from COUNTY, in accordance with the Act and 20 C.F.R. Section 667.200. CONTRACTOR shall submit two (2) copies of each required audit report to COUNTY within thirty (30) days after the date received by CONTRACTOR. ACCESS, AND RECORDS 23. (a) Access. COUNTY, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to CONTRACTOR'S activities, books, documents and papers (including computer records) and to records of CONTRACTOR'S subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Agreement. Such agencies or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on-site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Contract/93283 REV 08/25/03 12 In the event CONTRACTOR does not make the above-referenced documents available within the County of Orange, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by COUNTY in conducting any audit at the location where said records and books of account are maintained. (b) Records Retention. All accounting records and evidence pertaining to ail costs of CONTRACTOR and all documents related to this Agreement shall be kept available at CONTRACTOR'S office or place of business for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (2) costs and expenses of this Agreement to which COUNTY or any other governmental agency takes exception, shall be retained beyond the three (3) years until final resolution or disposition of such appeals, litigation, claims, or exceptions. FRAUD 24. CONTRACTOR shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Agreement, in accordance with Special Programs Division Policy and Procedure Number 4, which is incorporated herein by reference. MODIFICATIONS/CHANGE ORDERS 25. (a) ByH&CSD. H&CSDmayatanytime, by written order to CONTRACTOR, make changes within the general scope of this Agreement, in the definition of services and tasks to be performed, the manner in which services are performed, the time and place of performance thereof and additional related provisions. Such change orders may be made when necessitated by changes in the Orange County One-Stop System operations or performance, the operations or performance of CONTRACTOR, or changes in applicable statutes, regulations or State of California or federal mandates or directives. CONTRACTOR shall be notified by COUNTY in advance of such change orders and CONTRACTOR may submit a program or budget modification request in response to Cot~act/93283 REV 08/25/03 13 change orders which significantly alter CONTRACTOR'--(S) Statement of Work. Within parameters specified by COUNTY's Board of Supervisors, the Director of H&CSD or designee may execute amendments to this Agreement modifying CONTRACTOR's services in amounts that do not collectively increase or decrease by more than 10% the price of said services under this Agreement when originally executed. Modifications in excess of 10% of the original Agreement price, and modifications that materially alter either the parties' obligations hereunder must be approved by the COUNTY'S Board of Supervisors. CONTRACTOR and COUNTY shall make a good faith effort to reach an agreement with respect to change orders, which affect the price of services under the Agreement. CONTRACTOR'S protest or failure to agree to the amount of any adjustment to be made as a result ora change order shall be a dispute for which an appeal may be made pursuant to Section 40 of this Agreement. Notwithstanding the foregoing, the price of services under this Agreement shall not be increased except by written modification of this Agreement indicating the new services and price of this Agreement if applicable. Until the parties reach agreement, CONTRACTOR shall not be obligated to assume increased performance under the change order beyond the limitation of funds established within this Agreement. (b) By CONTRACTOR. CONTRACTOR may request changes in the scope of performance or services under this Agreement, by submitting a written request to H&CSD describing the request and its impact on CONTRACTOR'(S)-- Proposal, Statement of Work and budget schedule. H&CSD will review the request and respond within ten (10) work-days. Requests shall be reviewed in light of all Special Programs Division program activities. H&CSD'S decision whether to approve the request or request Board of Supervisors' approval shall be final. The Director of H&CSD may approve a request that meets all of the following criteria: (i) The request does not increase or decrease the total amount of the funds allocated for the individual programs affected by 10% from the amount specified in Exhibit D of this Con~ractd93283 REV 08t2~/0'3 14 Agreement, when it was originally executed; (ii) It does not materially change other terms of this Agreement, and (iii) It is supported by adequate consideration to COUNTY. Board of Supervisors' action is necessary to approve a request from CONTRACTOR that does not satisfy all of the criteria listed above. PARTICIPANTS 26. (a) Benefits. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. (b) Labor Standards. CONTRACTOR shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. (c) Complaint Handling Procedures. CONTRACTOR shall comply with the "Complaint Handling Procedures" under the WIA Act, a copy of which is available from H&CSD. CONTRACTOR shall advise participants of their rights to file complaints under the Act and of the procedures for resolution of any complaints. CONTRACTOR shall follow COUNTY'S procedures for handling complaints alleging a violation of the Act, regulations, grants or other agreements under the Act, and any decision of the COUNTY, the State or the Federal government relating to the complaint shall be binding on and shall be followed by CONTRACTOR. CONTRACTORS shall operate a grievance system that incorporates the COUNTY'S procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by H&CSD. (d) Nondiscrimination and Compliance Provisions (1) As a condition of this award of financial assistance under the Act to CONTRACTOR from Contract/93283 REV 08/25/03 15 COUNTY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opporturdty provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; Title IX of the Education Amendments of 1972, as amended; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 C.F.R. part 37. The United States, the State of California and COUNTY have the right to seek judicial enforcement of this assurance. (2) CONTRACTOR will comply with the provisions of the Fair Employment and Housing Act (California Government Code, Section 12900 et seq.) and the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hercofas if set forth in full. (3) During the performance of this Agreement, CONTRACTOR and its subcontractors will not deny the Agreement's benefits to any person on the basis of race, ancestry, national origin, religion, color, ethnic group identification, sex, age, physical or mental disability (including HIV and AIDS), medical condition (cancer), marital status, nor will they unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of race, ancestry, religion, color, ethnic group identification, national origin, ancestry, mental or physical disability (including HIV and AIDS), medical condition (cancer), marital status, age (over 40), sex, denial of family care leave, or political affiliation or belief. CONTRACTOR will insure that the evaluation and treatment of employees and applicants for employment are free from such discrimination and harassment. 16 REV 080-5/03 (4) CONTRACTOR will include the non-discrimination and compliance provisions ofthis Section of the Agreement in all subcontracts to perform work under this Agreement. (5) CONTRACTOR will give written notice ofits obligations under this Section ofthe Agreement to labor organizations with which CONTRACTOR has a collective bargaining or other agreement. CONFIDENTIALITY 27. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and State law. However, CONTRACTOR shall submit to COUNTY, the State of California and/or the United States government or their representatives, all records requested for administrative purposes, including audit, examinations, monitoring and verification of reports submitted by CONTRACTOR, costs incurred and services rendered hereunder. PROPERTY 28. (a) Definitions 1. "Real Property" is land, including land improvements, structures, and appurtenances thereto, excluding movable machinery and equipment. 2. Equipment: a. For purchase before July 1, 1993, "equipment" is tangible non-expendable personal property having an acquisition cost of $1,000 or more per unit. b. For purchases on or al%r July 1, 1993, "equipment" is tangible, non-expendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. (b) Propert3' Management CONTRACTOR shall budget, manage and maintain an inventory of property in accordance with H&CSD Special Programs Division Property Management and Inventory System Policy Contract/93283 REV 08/25/03 17 and Procedure No. 1, which is incorporated herein by reference and is available at the offices of H&CSD. Notwithstanding the provisions of Section 23, CONTRACTOR shall retain records pertaining to all equipment or property described above, and to costs incurred with respect thereto, for a period of three (3) years al~er final disposition of such property. Cost of equipment includes all taxes, shipping, handling and installation costs. Upon termination of this Agreement, CONTRACTOR shall immediately remm all equipment, finished or unfinished documents, photographs, data, studies and reports or unused supplies prepared or purchased by CONTRACTOR under this Agreement to COUNTY or its representative, or dispose of them in accordance with directions from the COUNTY. INDEMNIFICATION 29. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies which COUNTY'S Board of Supervisors acts as the governing Board ("COUNTY INDEIvINITEES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CONTRACTOR pursuant to this CONTRACT. If judgment is entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. INSURANCE 30. Prior to the provision of services under this contract, the contractor agrees to purchase all required insurance at contractor's expense and to deposit with the County Certificates of Insurance, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this contract have 18 been complied with and to keep such insurance coverage and the certificates therefore on deposit with the County during the entire term of this contract. In addition, all subcontractors performing work on behalf of contractor pursuant to this contract shall obtain insurance subject to the same terms and conditions as set forth herein for contractor. All insurance policies required by this contract shall declare any deductible or self-insured retention (SIR) in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the County Executive Office (CEO)/Office of Risk Management. Contractor shall be responsible for reimbursement of any deductible to the insurer. Any self-insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of Insurance. If Contractor is a governmental entity, Contractor may elect to self-insure for the insurance coverage required by this Agreement. (a) Qualified Insurer. The Contractor shall maintain insurance acceptable to the County of Orange in full force and effect throughout the term of this Agreement. If the Contractor fails to maintain insurance acceptable to the County for the full term of this Agreement, the County may terminate this Agreement. The policy or policies of insurance must be issued by an insurer licensed to do business in the State of California (California Admitted Carder). Minimum insurance company ratings as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States shall be A- (Secure Best's Rating) and VIII (Financial Size Category). Contractor will file with the County of Orange, prior to the commencement of performance of services under this Agreement, an original Certificate c ['Insurance and all required endorsements evidencing that coverage required by this Agreement is in effect. If the cartier is a non-admitted carder in the State of California, County Executive Office/Office of Risk Management retains the fight to approve or reject carder after a review of the company's performance and 19 Contract/93283 REV 08/25/03 financial ratings. Co) Coverage Limits. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth herein below_.' Coverage Commercial General Liability to include a Broad Form Property Damage Endorsement and Contractual Liability Automobile Liability including all owned non-owned and hired vehicles Workers' Compensation Employer's Liability Professional Liability Minimum Limits $1,000,000 combined single limit per occurrence $2,000,000 Aggregate $1,000,000 combined single limit per occun'ence Statutory $1,000,000peroccurrence $1,000,000 per claims made (c) Endorsements. Each insurance policy required by this Agreement shall be endorsed to contain the following provisions: · This insurance shall not be changed, canceled, limited in scope of coverage or non-renewed until after 30 days written notice has been given to County of Orange/Housing and Community Services Department/Special Programs Division, 1300 S. Grand, Bldg. B, Santa Ana, CA 92705. · If a 30 day notice of cancellation endorsement is not received, the cancellation clause must include language as follows which edits the pre-printed ACORD certificate: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 2O Conlract/93283 REV 08/25/03 · All rights of subrogation are hereby waived against the State of California, its elective and appointed officials, officers and employees, County of Orange, its elective and appointed officials, officers and employees, and the OCWIB when acting within the scope of their employment or appointment, and County and their Board or Commissions which are governed by the County Board of Supervisors. (Endorsement must be attached to Certificate of Insurance). · The County of Orange and State of California shall be added as an additional insured on all insurance policies required by this contract with respect to work done by the contractor under the terms of this contract (except Workers' Compensation/Employers' Liability and Professional Liability). An additional insured endorsement evidencing that the County of Orange is an additional insured shall accompany the Certificate t of Insurance. · It is agreed that any insurance maintained by the State of California and the County of Orange will apply in excess of, and not contribute with, insurance provided by this policy. (Endorsement must be attached to Certificate of Insurance for the General Liability policy). · Any losses shall be payable notwithstanding any act or failure or negligence of the State of Califomia and the County of Orange, or any other person. · Commercial General Liability policy shall contain a severability of interests clause. · Contractor agrees to maintain Professional Liability Insurance, as appropriate, for a period of two years following completion of this Agreement. The County shall retain the right at any time to review the coverage, form and amount of the insurance required hereby. If, in the opinion of the County, the insurance provisions in this Agreement do not provide adequate protection for County, County may require Contractor to obtain Contract/x)3283 REV 08/25/1)3 21 insurance sufficiem in coverage, form, and mount to provide adequate protection. County's requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risks which exist at the time a change in insurance is required. County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable certificates of insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Agreement may be in default without further notice to Contractor, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. Required insurance information/documentation should be forwarded to: Orange County Workforee Investment Board 1300 South Grand, Building B Santa Arm, CA 92705 Attention: Contracts & Procurement PATENT/COPYRIGHT MATERIALS/PROPRIETARY INFORMATION 31. CONTRACTOR agrees to grant the COUNTY, Federal and State governments a royalty-free, nonexclnsive and irrevocable license to publish, copy, translate or use, now and hereafter, all materials, data, films, tapes, etc., developed under this AGREEMENT. The COUNTY, Federal, and State governments reserve the right to authorize others to use or reproduce such materials. Further, the COUNTY, Federal, and State governments shall have access to any report, preliminary findings or data assembled by CONTRACTOR under this AGREEMENT and shall retain ownership and patent rights to any discovery or invention under this AGREEMENT, as provided in 29 CFR 97.34 and 97.36(i)(8&9). Coranac~193283 REV 08/25/03 22 CORPORATE STATUS 32. AIl corporate CONTRACTORS shall be registered with the California Secretary of State and shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board, or Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to H&CSD. STANDARDS OF CONDUCT 33. (a) GeneralAssurance. EveryreasonablecourseofactionwillbetakenbyCONTRACTORinorderto maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Agreement will be administered in an impartial manner, free from efforts to gain personal, financial or political gain. CONTRACTOR, its officers and employees, 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. (b) Employment of Former State or COUNTY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or COUNTY, 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. (c) Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. (d) Conducting Business Involving Close Personal Friends and Associates. Executives and employees of CONTRACTOR 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 23 give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, 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. (e) Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR, elected official in the area, or voting or non-voting member of a 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 CONTRACTOR or COUNTY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services by that member (or any organization which that member represents) or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. DRUG FREE WORKPLACE 34. CONTRACTOR shall execute and abide by the Drug Free Workplace Certification attached hereto as Exhibit E and incorporated berein by this reference. DEBARMENT 35. CONTRACTOR certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 C.F.R. Part 98. SECTARIAN ACTIVITIES 36. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution con~'olled by any religious creed, church, or sectarian denomination whatever, as specified by A~iclc XVI, Section 5, of the California Constitution, regarding separation of church and 24 state. LITERATURE 37. Any ~iterature dist~buted by C~NTRACT~R f~r the purp~se ~f apprising businesses~ participants~ ~r the general public of its programs under this Agreement shall state that its programs are supported by the County of Orange and the Orange County Workforce Investment Board, and shall state that the program is an "equal oppommity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." LOBBYING 38. CONTRACTOR shall execute and abide by the terms ofthe "Certification Regarding Lobbying," which is attached hereto as Exhibit "F" and incorporated herein by this reference. CONTRACTOR shall complete and immediately forward to H&CSD the "Disclosure Form to Report Lobbying," a copy of which is attached hereto as Exhibit "G", if CONTRACTOR, or any person, firm or corporation acting on CONTRACTOR'S behalf, engaged or engages in lobbying any federal officer, employee, elected official or agency with respect to this Agreement or the funds to be received by CONTRACTOR pursuant to this Agreement. BREACH - SANCTIONS 39. If, through any cause, CONTRACTOR violates any of the terms and conditions oftitis Agreement, or any prior Agreements whereby grant funds were received by CONTRACTOR, or if CONTRACTOR reports inaccurately, or if an audit report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay COUNTY all amounts due COUNTY as a result thereof. For any such failures or violations COUNTY shall also have the right, at its sole discretion, to: (1) immediately discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this Agreement or prior Agreements; and/or (2) collect outstanding amounts, as determined by H&CSD to be due COUNTY from CONTRACTOR, by offsetting or debiting from current claims or invoices, if after thirty (30) days written notice CONTRACTOR has failed to repay 25 Contracff93283 same or a repayment schedule has not been made; and/or (3) terminate this Agreement in accordance with Section 40 herein. DISPUTES 40. Except as othem-ise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by H&CSD In such a case, H&CSD shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of H&CSD shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, H&CSD receives from CONTRACTOR a written request to appeal said decision. Pending final decision of the appeal, CONTRACTOR shall act in accordance with the written decision of H&CSD. The handling of non-criminal complaints, including discrimination complaints, and complaints and reports of criminal fraud, waste and abuse shall be as prescribed by the COUNTY, and/or the State of California, and/or the Department of Labor, whichever is/are applicable, in accordance with applicable provisions of the Code of Federal Regulations. TERMINATION 41. COUNTY may terminate this Agreement, with or without cause upon thirty (30) days written notice served upon the other party. Notice shall be deemed served on the date of mailing. Upon termination, or notice thereof, CONTRACTOR agrees to cooperate with COUNTY in the orderly transfer of service responsibilities, active case records, and pertinent documents. The obligations of COUNTY under this AGREEMENT are contingent upon the availability of Federal and/or State funds, as applicable, for the reimbursement of CONTRACTOR'(S) expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by the Orange County Board of Supervisors each fiscal year this Agreement remains in effect or operation. In the event that such funding is terminated or reduced, COUNTY shall provide CONTRACTOR with written notification of such determination. CONTRACTOR shall Contract/93283 REV 08/?J/03 26 immediately comply with COUNTY'(S) decision. LIQUIDATED DAMAGES 42. It is agreed by and between the Contractor and the County that if this Agreement is not fully and completely performed within the terms of the Agreement damage will be sustained by the County. Said damage includes any additional costs resulting from a delay in scheduled time frames by the Contractor. Since it is and will be impractical and extremely difficult to determine the actual damage which the County will sustain by reason of such delay, it is therefore agreed that Contractor will pay to the County liquidated damages in a set amount for each and every day of delay as set forth in this document. Liquidated damages shall be assessed as 1/260 of the contract amount per day. In the event the liquidated damages as set forth herein are not paid by the Contractor, the County will deduct the amount of liquidated damages from any monies due Contractor under this Agreement. This provision may be invoked at the sole option of the County by notification to the Contractor by certified return receipt mail. If the Agreement is delayed by reason of changes or extra services ordered by the County or as a result of the County's failure to perform or delays caused by the County, the time of performance of this Agreement will be extended commensurate with the time required for the extra services, and no liquidated damages will accrue during the period of such extension. TOTAL AGREEMENT 43. This Agreement, together with the attachments hereto, expresses the total understanding o£the parties. There are no oral understandings of the parties or terms and conditions other than as are stated herein. CONTRACTOR acknowledges that it has read and agrees to all terms and conditions included in this AGREEMENT. 27 CHILD SUPPORT ENFORCEMENT 44. In order to comply with child support enforcement requirements ofthe County of Orange, within 30 days of award of contract, CONTRACTOR must furnish to H&CSD: (a) The name, date of birth, Social Security number, and residence address of each individual who owns an interest in 10 percent or more in CONTRACTOR, and a certification that CONTRACTOR has fully complied with all applicable federal and state reporting requirements regarding its employees; and (b) A certification that CONTRACTOR has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply. (c) The certification will be stated as follows: '7 certify that is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings ~lssignment Orders and Notices of . dssignments and will continue to be in compliance throughout the term of any contract issued pursuant to this Request for Proposal process with the County of Orange. I understand that failure to comply shall constitute a material breach of this Agreement and that failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds for termination of the Agreement. It is expressly understood that this data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders and for no other purposes and will be held confidential by those agencies. Failure of CONTRACTOR to timely submit the data and/or certifications required above or to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of this Agreement. Failure to cure such breach within sixty (60) days of notice from COUNTY shall constitute grounds for termination of this Agreement. 28 NOTICES 45. 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: COUNTY: Housing and Community Services Department Special Programs Division 1300 South Grand Avenue Building "B" Santa Aha, California 92705 and CONTRACTOR: City of Santa Aha W/O/R/K Center 1000 E. Santa Aha Blvd., #200 Santa Ana, CA 92701 Contrnct/93283 REV 08/25/03 29 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this Agreement to be executed as of the date stated below written. "COUNTY OF ORANGE a political Subdivision of the State of California" Dated: By Title Chair, Board of Supervisors "CONTRACTOR" CITY OF SANTA ANA Dated: By See Attached Signature Page Title Dated: By Title APPROVED AS TO FORM: County Counsel Karen Prather, Deputy CHAIR OF THE BOARD Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California Dated: Contract/93283. SANTA ANA REV 04/14/03 30 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA, a municipal corporation of the State of California David N. Ream City Manager John/P/l~eekstin, Executive Director Community Development Agency LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J GENERAL PROGRAM REQUIREMENTS STATEMENT OF WORK PERFORMANCE STANDARDS BUDGET SCHEDULE DRUG FREE SUSPENSION & DEBARMENT LOBBY CERTIFICATE DISCLOSURE CHILD SUPPORT ENFORCEMENT PROVISION (FOR PROFIT PROVIDERS ONLY) EDD INDEPENDENT CONTRACTOR REPORTING REQUIREMENTS Contractt93283 REV 08/25/03 31 Contractor: GENERAL PROGRAM REQUIREMENTS City of Santa Ana ("Cont,'actor" is hereinafter referred to as "Partner") EXHIBIT A 1. Project Summary These General Program Requirements have been designed to provide the framework wherein the One-Stop Partner will provide or will coordinate the provision of the Orange County Telecommunications Project for the Orange County One-Stop System. Partner agrees to comply, remain informed, and deliver services consistent with the provisions of WIA, Orange County Workforce Investment Board (OCWIB) Policy, Orange County Workforce Investment Area's Strategic Five-Year Plan, the California Education Code, the Rehabilitation Act, negotiated Memoranda of Understanding, Title V of the Older Americans Act, federal and state governance documents and/or any other appropriate statutes or requirements, related to the services provided in this Agreement. C. Where local policy has not been set, Partner agrees to adhere to state or federal policy as appropriate. D. Governance References 1. Workforoe Investment Act a. Workforce Investment Act of 1998 b. Department of Labor, Employment and Training Administration, 20 CFR Part 652 et al. - Workforce Investment Act; Final Rules. The Regulations define the One-Stop Delivery System as: A system under which entities responsible for administering separate workforce investment, education, and other human resource program and funding streams (referred to as One- Stop partners) collaborate to create a seamless system of service delivery that will enhance access to the programs' services and improve long-term employment outcomes for individuals receiving assistance. (20 CFR, PART 652, ~662.100) c. Information Bulletins, Directives and any other federal and state guidance documents pertaining to WIA. d. Actions, directives, and policy and procedures issued by the Orange County Workforce Investment Board or staff relevant to this Telecommunications Project, specifically MIS Policies and Procedures, Monitoring Guide and Procedure, Audit Requirements Policy and Procedure and Selective Service Policy and Procedure. 2. Orange County One-Stop System Partner agrees to partner with and to provide access to services provided by the mandated WIA One-Stop Partners as described in the Act as well as any additional partners identified by the OCWIB or the Orange County Board of Supervisors. 3. One-Stop Principles Operator agrees to integrate to the fullest extent possible, the following principles into the delivery of services: A. Streamline services through an integration of multiple programs, including Wagner-Peyser and WIA, at the service level through One-Stop service centers; B. Empower individuals with information and resources they need to manage their own careers; C. Employer Services that recognize business as a customer as well as a source for jobs leading to meaningful employment. D. Universal access for all job seekers to a core set of career decision-making and job search tools; E. Increase accountability of the delivery system to achieve improved results regarding skill gains, credentials earned, job placement rates, earnings and retention in employment; F. Improve youth programs to provide a strong connection for both boys and girls between academic and occupational learning and other youth development activities; G. State and local flexibility to ensure that delivery systems are responsive to the needs of individual communities; and Strong role for local boards and the private sector to impact the design and operation of delivery systems. EXHIBIT B STATEMENT OF WORK Orange County Telecommunications Project Specialized Center Partner: City of Santa Aha ("Contractor" is hereinafter referred to as "Partner") I. General Description The Orange County Telecommunications Project is a partnership between the Anaheim, Orange County, and Santa Ana Workfome Investment Boards established to provide a regional approach to the delivery of core, intensive and training services to workers dislocated from telecommunication employers throughout Orange County. These services are made available under the Governor's 25% Discretionary Funds for workers who have been terminated, laid off, long-term unemployed, or received a notice of termination or layoff from the telecommunications industry, Dislocated worker services include recruitment, eligibility documentation, client assessment, case management, vocational training, career center support, job search assistance, and job placement. II. EliRibility The Orange County Telecommunications Project is available for those who have been laid off due to a substantial layoff in the telecommunication industry. A substantial layoff is defined as one which 50 or more employees in a 30-day period regardless of percentage of work have been laid off from the company OR any event that results in the temporary or permanent reduction in the workforce by 20% of employees either by department or total company, but not necessarily resulting in permanent closure. The Orange County Workforce Investment Board (OCWIB) has a list of employers that are classified as a telecommunications company. If the Partner would like to verify eligibility for an employer that is not on the list provided by the OCWlB, a request via e- mail with verification that the company is linked to the telecommunications industry can be submitted to be added to the employer list. III. Services Services shall be provided in a prompt and courteous manner; shall be provided in a professional environment with the appropriate tools to achieve the desired results, shall encourage customer choice among program options, shall be responsive to the culture and language of customers. it is important to ensure that all clients receive the highest quality of services through core and intensive services. The project Partner will concentrate on the placement of clients into employment out of core and intensive services. This project requires that career transition workshops ara a mandatory service for all eligible clients. Partner will make available services that will include, at a minimum those listed below: Core Services · Career Transition Workshops, including but not limited to, resume writing, interviewing skills, networking, and job search skills. · Determination of individual eligibility for services; · Outreach, intake (including worker profiling) and orientation to the information and other services available through the one-stop delivery system; · Initial assessment of skill levels, aptitudes, abilities, and supportive service needs; · Job search and placement assistance, and career counseling, where appropriate; · Provision of employment statistics and labor market information such as job vacancy listings, job skills necessary to obtain jobs, local demand occupations, and job/demand occupation earnings information; · Provision of performance information and program cost information on eligible providers of training services; · Provision of information regarding local area performance pursuant to the local performance measures; · Provision of information relating to the availability of supportive services in the local area; · Provision of information regarding the filing of claims for unemployment compensation; · Follow-up services, including counseling regarding the workplace, for WlA participants who are placed in unsubsidized employment for not less than 12 months after the first day of the employment; and · Any other core services as determined by new legislation or policy by the OCWlB, and consistent with Partner's overall service delivery strategy and policies. Intensive Services · Comprehensive and specialized assessments of client skill levels; · Development of an individual employment plan to identify the employment goals, achievement objectives, and combinations of services; · Group and individual counseling and career planning; · Case management for individuals enrolled in training; · Prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; and · Any other intensive services as determined by new legislation or policy by the OCWiB, and consistent with Partner's overall service delivery strategy and policies. Trainin.q Services · Trainingservicesintheprojectarenottoexceedtheenddateofthisproject. · Occupational skills training, including training for nontraditional employment; · Training programs operated by the private sector; · Skill upgrading and retraining; · Job readiness training; · Other training services as determined by new legislation, Or policy by the OCWIB, and consistent with Partner's overall service delivery strategy and policies. IV. Performance Outcomes Partner agrees to the performance outcomes listed below: Serve and exit 40 participants through the One-Stop Center. Meet an Entered Employment Rate of 75%. Meet an Employment Retention Rate of 81% Meet an Earnings Replacement Rate of 85% Meet an Employment and Credential Attainment Rate of 40%. V. MIS Submission/Reporting Partner shall adhere to MIS reporting requirements (Information Notice No. 01-OCWDA- 39) including the completion of appropriate forms and provide other program information related to program performance as required. Partner shall submit timely MIS paperwork to the Administrative Office of the OCWlB for input into the JTA system. MIS paperwork and accompanying Transmittal Form shall be submitted within seven (7) days of the activity recorded. All paperwork must be legible and complete or it will be returned to Partner. No faxed or e-mailed paperwork will be accepted. Manager's (or designee) review and approval is mandatory on the OCWIB Transmittal Form. The approval signifies that the documents have been reviewed and are completed correctly. Updates/Correction shall be submitted using the print screen from the JTA system, making necessary corrections or updates on the printed form. All updates and corrections must be done in red ink. Re-submitted paperwork to OCWIB MIS must be accompanied by the Transmittal Form and Manager's initials must be present. All forms will be returned to the Manager. All returned forms requiring corrections/updates must be resubmitted along with the original transmittal within five (5) days of receipt. OCWlB MIS will use purple ink to identify corrections required and green ink when data entry has been completed. TIMELINES FOR SUBMISSION OF DATA FOR REPORTS TO THE MIS UNIT State Report: Due on the 20th of each month to the State (if the 20th falls on a weekend/holiday the report must be submitted on the prior business day). MIS forms must be submitted to the OCWIB MIS unit five (5) business days prior to the monthly due date of the 20th to be guaranteed to be included in the State report. OCWIB Committee Reports: Performance and Accountability Committee meets the 2nd Thursday of the month. MIS forms must be submitted seven (7) business days pdor to the meeting to be included in the report. , WIA Base Wage Report: Partner shall provide supplemental data for "exiters" not found in the UI Base Wage File. This information is due to the State thirty (30) days from the date the base wage information is released from the State to the OCWlB MIS Unit. Partner shall be responsible for submitting all supplemental data within seven (7) business days of the report being mailed to the Agency. Supplemental data is required to be collected when the client secures employment. Partner shall be responsible for analyzing MIS reports to verify data and contract performance compliance. VI. Reporting Partner agrees to report on the status of the Telecommunications project. VII. Operations Partner agrees to work with One-stops and Partner Agencies to jointly develop and thereafter to review and modify when appropriate processes and procedures acceptable to each other, including but not limited to orientation, customer flow, and the provision of core, intensive and training services, which meet the goals of the One-Stop System. Partner agrees to cross-train or cause to be cross-trained their respective staff on the core and intensive services of each Partner Agency. Partner and Partner Agencies, as appropriate, shall mutually determine the necessity of and number of site visits, field trips, and joint training exercises for staff conducting referrals. To enhance cross referral among the partners, Partner will: · Agree to familiarize themselves with the requirements for participation in the programs operated with the various funding streams available to each of the One- Stop Partners. · To the extent possible, agree to develop an electronic summary of their program requirement that can be accessed by all Partner Agency's in the One-Stop. · Agree to use common intake forms when developed and to the extent possible. · Agree to refer clients eligible for Partner Agency programs to the One-Stop Partners for services, and to share information supplied by referred clients. Villi. Service and System Operating Cost Partner will establish and maintain a budget consistent with the requirements and policy of the OCWIA and appropriate funding stream governance entities. IX. Internal Monitoring Partner is responsible for on-going internal monitoring of the Telecommunications project funded under this Agreement to ensure compliance with legislation, regulations, bulletins and directives. Internal monitoring procedures must be in writing. Results of internal monitoring must be in writing and must be available to OCWIB staff, upon request. Internal monitoring will include, but is not limited to the following: · Review of all files to determine that eligibility criteria have been met. · Random file review for IEP updates, case note documentation, attendance verification, placement verification, supportive service documentation and delivery, and post-placement follow-up, and delivery, and post placement follow-up. · Verification of customer's attendance, performance and employment information. Partner will address any problems or issues that surface during an internal monitoring quickly and appropriately. IX, Day-to-day operations Partner will be responsible to train new staff in all program rules, regulations, policies, and procedures including but not limited to eligibility, MIS, orientations, rapid response, and completion of required forms and reports. X. Accessing and Sharing Data Partner understands WIA emphasizes technology as a critical tool in making possible all aspects of information exchange including: reporting, MIS, data collection, referral services, common case management, client as well as service tracking, and seamless service provision, and will make every effort to fully integrate technology into the One- Stop System. Partner agrees to share information technology to the fullest extent possible with the One-Stop partners. To the extent allowable, Partner commits to share information with all One-Stop partners. Partner commits to participating on an interagency team to address issues surrounding the sharing of information and technology. Partner agrees that data input responsibility will be shared, as appropriate. Xl. System Security and Confidentiality Partner agrees to the following: · That all applications and individual records related to services provided under this Agreement, including eligibility for services, enrollment, and referral shall be confidential and shall not be open to examination for any purpose not directly connect with the delivery of such services. · That the sharing of individual and client information necessary for provision of services under this Agreement; i.e.: assessment; universal intake; program or training referral; job development; placement or follow-up activities; and other services as needed for employment or program support purposes, constitutes a valid use of such information. · That files are kept in a secure location on site and should not be removed for any reason unless an OCWIB Contract Administrator is notified of removal. · That no person or employee shall otherwise publish or disclose, use, or permit, cause to be published, disclosed or used, any confidential information pertaining to One-Stop System applicants, participants, or customers overall. · To abide by the current confidentiality provisions of respective statutes and share information necessary for the administration of program operated through the One-Stop System. XII. Grievance Procedures In the event individuals accessing the One-Stop System file a grievance, the process for filing grievances shall be determined by the services the individual received and the matter about which the grievance is filed. Partner agrees to process and resolve grievances regarding their own programs. Individuals who seek to file a grievance with respect to services funded under this Agreement, or file a grievance against the Partner, shall be subject to the WIA grievance procedures of the funding source. Xlll. Continuous Quality Improvement The Orange County One-Stop System's goal is to work towards making consistent and continuous improvement in all aspects of service delivery, thereby having a positive effect on System performance. Improvement will be facilitated internally by the Partner through a constant review of policies and procedures, through an increased sensitivity to the needs of customers, through an improvement in the level of knowledge of partner services, through the identification and fulfillment of training needs, through the cooperative development and implementation of the Orange County One-Stop System Business Services Plan. Improvement will be facilitated externally through the identification and implementation of best practices, and through the implementation of the results of the Orange County One-Stop System Quality Improvement Plan currently being developed. XIV. Deliverables in order for the Orange County One-Stop System to operate effectively it is necessary that certain basic information be provided routinely. The fact that there are multiple One-Stop Partners means that most system-wide performance and effectiveness cannot be determined until all One-Stop Partners respond. Therefore, it is necessary that certain deliverables be provided in a timely manner. Deliverables are defined as: 1. Monthly Invoices - due to H&CSD/Accounting by the twentieth day following the month being reported. 2. MIS Paperwork Submission/Reports · Regular submission of MIS paperwork for input into JTA for State Reporting Purposes- Each month MIS prepares WIA reports that are submitted to the State. Reports are due the 20th of each month. MIS will mail to the Operations Manager, on the first working day of the month following the report month, a copy of the Program Information Report 0NIA) for that One- Stop Center. Partner shall have five working days, but no later than the tenth day of the month, to review and respond to MIS with corrections/changes. MIS will then have until the 18th of the month to make follow-up inquiries regarding data submitted by One-Stop Partners and to complete the state reports. · There will be no special updates of JTA input for the purpose of preparing Monthly Performance Reports for various OCWlB and Committee meetings. All updates must be done as part of the regular input for State Reporting Purposes. · Response to monitoring reports. Each monitoring report includes a date for responding to observations, concerns and findings. EXHIBIT C Performance Matrix - City of Santa Ana Month/Year 5/03 6~03 7~03 8/03 1. Total Partic Re( 1 3 9 9~03 10/03 '11/03 17 25 28 30 a. Core Services/Intensive Services 1 3 9 b. Training Services 0 0 0 c. Follow-up 0 0 0 17 25 28 30 I 1 2 3 0 0 7 i..7. .... a. Total Participants .............. Exiting WIA .' .";";';~'~'~';';~., 0 ~' · ""'"" 7 .~'..' . 0 i . ';;~' , (1) Unsubsidized Employment ' -'; ' - : · ' '0 ' i .... 0 (a.) Training Related ...... ' .... (2) Em. ployability Enhancement'~'i't~ ~ 0 .... .'__.~ ;- "i.-0- · Ex'ired f~)~;bther F~'s'~[qs '--- [ ~;';':=,.~,.~ 0 ! ...:.'j.......?:. ,~ 2 .'::,..::-~.,...:~, ~, · .~ ,.-~,'~ :.....'. ;'- .....-.~'--....~:;~::.!, · ,, .': Month/Year 12/03 01104' 02/04 1. Total Participants Registered 03/04 04/04 05~1~4 06/04 30 30 33 35 38 40 40 a. Core Services/Intensive Services b. Training Services 30 30 33 35 38 40 40 4 6 6 7 8 8 8 c. Follow-up Services 7 10 10 10 15 15 15 (2) Employability Enhancement Exits 1 I .' ,; ~ j .. I..,' ~ 1 I 1. Total Participants Registered I 40 14o J4o 14o 140 140 a. Co'e Services:Inter:siva Services 40 40 b. Training Services 8 8 c. Follow-up Services 17 17 a. Total Participants Exiting WlA (1) Unsubsidized Employmeqt (a) Training Related (2) Employability Enhancement Fxits (3) Exited for Other Reasons 2,8 25 3 1 2 Exhibit D Budget May 1, 2003 - December 31,2004 Operations I Telecommunications Admin Program Salary and Benefits Salary and Benefits Total $14,560 $85,440 Office Expenses sub-total $0 $500 Facility Lease sub-total $0 $20,000 Equipment Rental sub-total , $0 $500 Insurance sub-total $0 $500 Other ( such as postage, telephone, subscription, member fees, printing, etc,) References Printing Charges Other Supplies Subscription Membership Fees Telephone Charge Software Postage Books/Training Items sub-total $0 $8,500 Operations Total $0 $115,440 PARTICIPANT TRAINING COSTS Assessment and ITA Total $0 $45,000 PART SUPPS. SVCS Total $0 $5,000 PROFIT Total $0 $0 Sub Total $14,560 $165,440 Grand Total $180,000 State of California Drag Free Workplace Ce~fication STD 21 (NEW I 1-90) Exhibit E Page I of 1 G40027 COMPANY/ORGANIZATION NAME City of Santa Ana The Contractor or grant recipient named above hereby certifies compliance with Government Code 8355 in matters relating to providing a drug-free workplace. The above named Contractor will: I. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use ora controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2, Establish a Drug Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: ~ (a) The danger of drug abuse in the workplace, (b) The person's or organization's policy of rnalntaining a drag-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drag abuse violations Provide as required by Govemrnent code Section 8355(c) that every employee who works on the proposed contract or grant (a) Will receive a copy of the cornpany's drag-frae policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment in the contract or grant. CERTIFICATION I, the o~cial named below, hereby swear that Iarn duly authorized legally to bind the contractor or grant recipient to the above described certification. Iarn fully aware that this certification, executed on the date and in the county below, is rnade under penalty ofporjury under the laws of the State of California. OFFICIAL'S NAME David N. Ream DATE EXECUTED EXECUTED IN THE COUNTY OF Orange CONTRACTOR or GRANTEE RECIPIENT SIGNATURE TITLE City Manager 95-6000785 FEDERAL IDNUMBER Exhibit F Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, .by submission of this exhibit document, that. neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document. David N. Ream, City Manager Name and Title of Authorized Representative Signature Date Exhibit F DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of OrangeANorkforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation.in this covered transaction, unless authorized by the DOL. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspend ed, ineligible, or voluntarily excluded from the covered transaction, unless Jt knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. Exhibit G CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative'agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer'or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entedng into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. FORMULA City of Santa Ana 25% WIA Telecommunications Grant Grantee/Contractor Organization Program/Title David N. Ream, City Manager Name and 7itle ~f Authgri;zed Sjgpatory Signature Date *Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB). EXHIBIT H Page 1 of 3 Exhibit H 6744 Federal ReRister Volume 55, No. 381 Monday~ February 26, 19901 Rules and Regulations Instructions for Completion of SF-LLL Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a matedal change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action, Use the SF-LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for beth the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a matedal change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subeward recipient. Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but ara not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report, in item 4 checks "Subawardee", then enter the furl name, address, city, state, and zip code of the pdme Federal recipient. Include congressional district, if known. fi. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appmpdata Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency), Include prefixes, e.g., "RFP-DE-90-09." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the pdmary entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all bexes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate bex(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shal~ sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0046) Washington D. C., 20503. EXHIBIT H Page 2 of 3 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.C 1352 (See reverse for public burden disclosure) 1. Type of Federal Actions: 2. Status of Federal Actions: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee [qot: Applicable Year Quarter__ f. loan insurance Date of last report. 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee. Pdme Subawardee Enter Name and Address of Prime: Tier ;if known: Congressional District~ if known: Congressional District, if known: 6. Federal Department / Agency: 7. Federal Program Name/Description: CFDA Number~ if known: 8, Federal Action Number, if known: 9. Award Amount, if known: 10a. Name and Address of Lobbying Entity 10b. Individual Performing Services (if individual, last name, first name, MI): (including address if different from No. 10a.) (last name, first name, MI): (attach Continuation Sheets SF-LLL-A, if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): a. retainer $ actual planned b. one-time free 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind: specify: e. deferred nature: f. other specify:. value: 14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11: 15. Continuation sheet(s) SF-LLL-A attached: r-]Yes [] No 16. information requested through this form authorized by Title 31 U.S.C. Section 1352 This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier Signature: above when this transaction was made or entered into. This disclosure is required pursuant to 31 Print Name: U.S.C 1352. This information will be reported to the Congress semiannually and will be available for Title: public inspection. Any person who fails to file the required disclosure snail be subject to a civil penalty Telephone No. of not less than $10,000 and not more than $100.000 for each such failure Date: DISCLOSURE OF LOBYING ACTIVITIES CONTINUATION SHEET EXHIBIT H Page 3 of 3 Approved by OMS 0348-0046 Reporting Entity: Page of Authorized for LOCal Reprod,Jction Standard Form - LLL-A Exhibit I DISTRICT ATTORNEY CHILD SUPPORT ENFORCEMENT CERTIFICATE REQUIREMENTS In order to comply with child support enforcement requirements of the County of Orange, the required contractor data and certifications must be submitted within '10 days of award notification. Failure of the contractor to submit the data/or certifications required shall result in the contractor may be disqualified from being considered for contract award. Subsequent to issuance of the contract, failure to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earning Assignment shall constitute a material breach of the contract. Failure to cure breach within 60 calendar days of notice from the County shall constitute grounds for termination. A. in the case of an individual bidder/proposer, his/her name, date of birth, Social Secudty number, and residence address: Name: N/A D.O.B: Social Security No: Residence Address: B. In the case of a bidder/proposer doing business other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of 10 percent or more in the contracting entity (If no individual owns an interest of 10 percent or more, indicate not applicable.): Name: D.O.B: Social Security No.' Residence Address: Name: D.O.B: Social Security No: Residence Address: Nnme: D.O.B: Social Security No: Residence Address: A certification that the contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and A certification that the contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and Will continue to so comply, tl,e City of "I certify that Santa Aha is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of any contract issued pursuant to this Request for Proposal process with the County of Orange. I understand that failure to comply shall constitute a material breach of the contract and that failure to cure such breach within 60 calendar days of notice from the County shall consfftute grounds for termination of the con tract.' David N. Ream, City Manager Authorized Signature Name Title Exhibit J EDD Independent Contractor Reporting Requirements Effective January 1, 2001, the County of Orange is required to file federal Form 1099-Misc for services received from a "service provider" to whom the County pays $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8 subparagraph B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a Contract for services performed for that service recipient within or without the state." The term is further defined by the California Employment Development Department to refer specifically to independent contractors. An independent Contractor is defined as "an individual who is not an employee of the ..... government entity for California purposes and who receives compensation or executes a Contract for services performed for that....government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at www.edd.ca.gov/txicr.htm. To comply with the reporting requirements, County procedures for contracting with independent contractors mandate that the following information be completed and forwarded to the contracting agency/department immediately upon request: First name, middle initial and last name Social Security Number Address Start and expiration dates of Contract Amount of Contract Not Applicable First Name SSN Contract Number Start Date Middle Initial Dollar value of Contract Expiration Date Last Name