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HomeMy WebLinkAboutCA EMPLOYMENT DEV DEPT 4 - 2004 - COpy A-2004-162 D~ Cbfl (6-0¡Wpv) CERTIFICATION REGARDING SIGNATORY AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT The undersigned certifies and warrants on his or her own behalf that as the signatory to this Agreement, he or she has the authority to execute this Agreement on behalf of their respective entity- 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 entering into this transaction. City of Santa Ana Contractor Organization Name David N. Ream, City Manager Name and Title of Authorized Signatory ~> /ð¿7è'L Signature Date . M589573 EDD Contract No. Project Code 365 STANDARD AGREEMENT FOR EMPLOYMENT SERVICES This Agreement is entered into by and between the Santa Ana W/OIRfK Center hereinafter referred to as the "Administrative- Entity," and the Employment Development Department of the State of California, hereinafter referred to as "EDD." The purpose of this Agreement is for EDD to provide specific employment services to the Administrative Entity. All services shall be performed in accordance with the provisions hereinafter ~nd .hereinexpressed. 1. The term of this Agreement shall be from July 1, 2004 through June 30, 2005. 2. The Administrative Entity shall reimburse EDD in the amount not to exceed Eighty-five thousand, seven hundred sixty-six and No/100 Dollars ($85,766.00) for the services to be provided 85 set forth in this Agræment. 3. The following exhibits are attached hereto and are made a part of this Agreement: (A-G) Exhibit A, Scope of Services to be Performed Exhibit B, Budget Schedule of Expenditures . Exhibit.C,Budget Det~il.sheet and Certi fications IN WITNESS WHEREOF, this A reement has been executed b the arties hereto. EDD AdminiS!l:ative Er1tiIy. Employment Development Department Santa Ana W/OIRlK Center Ex. D. Anti-Lobbying EX.E. Acknowledgement EX.F. Drug Free Work Place EX.G. Certifications By (Authorized Signature) "'l! Printed Name and Trtie of Person Signing Geneva Robinson -Southern Job Service Division Chief Printed Name and Title of Person Signing David Ream City Manager Address 8977 Activity Road-A San Diego, CA 92126 Address DEPARTMENT OF GENERAL SE A'[I'ØIi ~£ ~EALY -=.. OF THE COIINelL DE 8798 Rev. 4(9/01) State of-Califomia/Employment Development Department P.O. Box 1988-M31 Santa Ana,CA 927D2 VICES USE OþfÞìfROVED AS TO FOE '. ~;~A E~ST~ Assistant City ¡\ttorney EDD Contract No. M589573 EDD/Admjnistrahve Entity Page 2 of 5 4. FISCAL PROVISIONS: The specific cost for services provided under the Agreement are set forth in Exhibit B entitled "Budget." The EDDwill begin invoicing once the Fiscal Programs Division has received a copy of the contract signed by both parties. The EDD will invoice on or about the 10th of each month based upon actual expenditures. These expenditures will be supported by monthly expenditure reports, which wilt accompany the invoices. Invoices will reference the EDD contract number and will be sent to: Santa Ana W/OIRlK Center Administrative Entity's Name 1000 E. Santa Ana BlVd. Ste. ZOO Address Santa Ana.CA -9210 1 City, State, Zip Lvdia MorQan Attn; In consideration of the performance and completion of the foregoing and upon receipt of a detailed im/oiœ,in triplicate, .monthLy.in arrears, the Adminislrative En1iÌ 'shall.issue payments so that they are received by EDD no later than the 23'd day of each month. This is so that EDD may deposit such payments in a timely manner with the State Controller for disbursements occurring at the end of the billing period. The payments shall reference the invoice number and be sent to: Employment Development Department AccountingSection,MIG 70 P.O. Box 826217 Sacramento, CA 94230-6217 Within the authorized closeout period or 60 days after the end of the contract period, whichever is earlier, EDD will submit a final report reflecting actual expenditures. If a refund is due the Administrative Entity, it will be submitted with the final report. If actual expenditures exceed payments, the Administrative Entity will then be billed for the difference. 5. CONTRACT MONITORS: The name and address of the Contract Monitors for EDD and the Administrative Entity are as follows: EDD Job Service Administrative Entity's Name Administrative Entity Santa Ana W/OIRfK Center Administrative Entity 1000 E. Santa Ana Blvd.. Ste. 103 Address Santa Ana. CA92701 City, State, Zip Rob Claudio Attn: 1000 E. Santa Ana Blvd.. Ste. 200 Address Santa Ana, CA 92701 City, State, Zip Lydia MorQan Attn: EDD Contract No. M589573 EDD/Administrative Entity Page 3 of 5 6. GENERAL TERMS AND CONDITIONS A. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. B. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any.of the parties. C. AUDIT: EDD agrees that the Department of General Services, the Bureau of State Audits, or their designated representative; and an authorized representative of the Administrative Entity shall have the right to copy any records and supporting documentation pertaining to the performance of this Agreement. The EDO agrees to maintain such records for possible audit fora minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. The EDD agrees to allow access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. (GC 8546.7). EDD shall maintain records documenting payments received and provided under this Agreement for at least three years from the final payment date of this Agreement. ~f EDD receives notice that any litigation, claim, or audit has begun before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings are resolved. EOD may maintain any of the records required to be kept under this Agreement by substituting photographs, microphotographs, or other -authentic reproductions of such records. D. AMERICANS WITH DISABILITIES ACT: The EDD agrees to comply with the Americans with Disabilities Act (ADA) of 1900 (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, and all applicable federal and State laws and regulations, guidelines, and interpretations issued thereto E. COMPENSATION: The consideration to be paid EDD, as provided herein, shall be in compensation for all of EOO's expenses incurred in the performance hereof, including traver, per diem, and taxes, unless otherwise expressry so provided. F- DISPUTES: In the event of a dispute between EDD and the Administrative Entity over any part of this Agreement, the dispute may besubmilted to nonbinding arbitration -upoo the consent of both parties. An election for arbitration pursuant to this Agreement shall not preclude either party from pursuing any remedy for relief otherwise available. EDD shall continue with the responsibilities under this Agreement during any dispute. G. INDEMNIFICATION: In accordance with provisions of Section 895.4 of the California Government Code, -each party her€to agræs to indemnify and hold the other party harmless from all liability for damage to persons or property arising out of or resulting from the acts or omissions of the indemnifying party. EDD Contract No. M589573 EDD/Administrative Entity Page 4 of 5 H. INDEPENDENT CAPACITY: Each of the parties and the agents and employees of each party in the performance of this Agreement shall act in an independent capacity and not as officers and agents of the other party. I. INSURANCE: The State of California has elected to be insured for its general liability, motor vehicle, and Workers' Compensation liability exposures through a self-insurance program. EDD is covered by a self-insured plan for general liability administered by the State Attorney General's office. eDD is covered by Workers' 'Compensation insurance pursuant to agreement with the State Compensation Insurance Fund. EDD is covered by self-insured vehicle liability administered by the Office of Insurance and Risk Management of the Department of General Services. J. NON-DISCRIMINATION: The EDD agrees to conform to nondiscrimination provisions of the Workforce Investment Act (WIA) and other federal nondiscrimination fequirements as referenced in 29 CFR, Part 34, Subpart B, Section 34.20. Both parties to this Agreement agree to adhere to appropriate federal and State legislation concerning nondiscrimination and affirmative action procedures. K. PROGRAM OPERATION: EDD shall administer this Agreement in accordance with the Federal Workforce Investment Act, Unemployment Insurance Code, and applicable federal and State regulations and directives. I. TERMINATION: This Agreement may be terminated by either of the parties by notifying the other party in writing 30 days prior to the effective date of termination. 1. If during the term of this Agreement, the State and/or federal funds appropriated for the purposes of this Agreement are reduced or eliminated by the California Legislature or the United States government, the Administrative Entity may immediately terminate this Agreement upon written notice to EDD. 2. If this Agreement is terminated before the end of its term, EDD shall be paid for all staff time encumbered or used during this Agreement through the date of termination. 3. Notice required by this paragraph will be effective upon delivery to the Contract Monitor. M. TIMELINESS: Time is of the essence in this Agreement. N. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shaH not be effected thereby. O. CONFIDENTIALITY PROVISION: Both parties to this Agreement agree to protect confidential an<:! sensitive information from loss, and unauthorized access,use, modification, disclosure or destruction. Both parties agree to use the protected information pursuant to applicable laws including but not limited to, Civil Code Sections 1798 et seq., '(The California Information Practices Act); the California Unemployment EDD Contract No. M589573 EDD/Admfnfstrative Entity Page 5 of 5 Insurance Code Sections 1094 and 2111; the California Penal Code Section 502: and the Public Law 104-191 {HeaUh Insurance Portability and AœountabiJity Act of 1996). EDD Contract No.: M589573 EDDfProject Code: 3"65 Employment Development Department FEZ Daisy Wbeèl Network'Program Scope of Work I. TERM July 1, 2004 througbJune 30,2005 PURPOSE The FEZ Daisy Wheel Network Program will provide vocational/occupational training, employment strategies, education, and supportive services to individuals who reside in the Federal Empowennent Zone. II. III. POPULATION TO BE SERVED The population to be served are Federal Empowennent Zone residents 18 years and older. Eligibility wHl be determined by age, address, and by Right to Work documentation; IV. PROGRAM DESIGN, ELEMENTS, AND OUTCOMES FOR EMPLOYMENT DEVELOPMENT DEPARTMENT A. Program Design: a. Provide an intake assessment (for screening) of each FEZ resident that includes a review of academic and occupational skills levels as weIhs service needs; b. Develop an Individual Service Plan including notifying achievement objectives. B.Program "Elements: a. The following program elements will be made available to eligible residents expected to enroll in the FEZ Daisy Wheel Network Program for participation in activities aimed at providing a comprehensive strategy that addresses employment and training needs: i. vocational/occupational training, ii . employment strategies, iii. education, and iv. supportive services C. Perfonnance Outcomes a. 100 FEZ residents will be served b. Of the 100 FEZ residents served, 50 (50%) will be provided additional services as needed c. Ofthe 100 FEZ residents served, 40 (40%) will be provided with work experience, receive On-the-Job Training, receive retention services, attend English as a Second Language classes, be provided with skill upgrades, and have access to paid internships. d. Of the 100 FEZ residents served, 30 (30%) will be placed in unsubsidized employment (this 30% number can be counted as part of the 40% mentioned in item # 3) e. Planned enrollments by Quarter: 1st 2" 3rd 4 tr. Qtr. Qtr. 35 15 35 15 EXHIBIT A V. SERVICES WILL BE PROVIDED AT: Employment Development Department 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 VI. WORK CENTER RESPONSIBILITIES 1. Develop contracts for partners 2. Provide orientation and training on eligibility, referral process, assessment, MIS tracking system, joint policies and procedures, fiscal billing, documentation,' etc. 3. Develop joint fonns such as application, screening/intake tool, ISP, referral fonn, MIS fonns, etc. 4. Perfonn Program Monitoring 5. Perfonn Program Reporting 6. Provide partners with on-going technical assistance 7. Provide a quarterly FEZ newsletter 8. Facilitate monthly meetings VII. EMPLOYMENT DEVELOPMENT DEPARTMENT RESPONSIBILITIES 1. Employment Development Department. will provide eligible FEZ residents with services designed to meet the FEZ Board requirements. A participant will be provided with one or more of the following services to assist them in obtaining unsubsidized employment and self- sufficiency: . Case management . Job development . Placement and retention services . 4 job search workshops . Presentations . Referrals to positive recruitments . Mailings 2. Evaluate participants- for eligibility and assign those eligible for program services. 3. Perfonn client assessments. Assess education level of FEZ participants through TABE test and using ISP fonn. 4. Report progress and job placements-to WORK 'Center' FEZ staff 5. Incorporate all service navigator partners' infonnation into each other's marketing materials. 6. Attend monthly partner meetings. 7. Provide WORK Center FEZ staff with monthly and quarterly progress reports. 8. Provide WORK. Center FEZ staff with necessary infonnation for conducting infonnal and fonnal monitoring of program progress. 9. Meet perfonnance measures. All staff and agencies participating in this project will be held accountable for achieving their agency FEZ performance measures. . 10. Submit Monthly Statistics Report documentation to FEZ Liaison staff by the 5th of every month. Report should include new enrollments and a continuous Activity Enr01lment Form. 11. Maintain a current and complete file (electronic as well as a hard copy) for each FEZ participant: eligibility rloeumentation; registration form; enrollmentfonn; assessment; Individual Service Plan (ISP); EEO/Grievance; case notes; supportive services documentation; attendance records; training documentation; etc. EXHIBIT A 12. Comply with allowable expenses. To be allowable, costs must: a) be reasonable for the performance of the program; b) conform to any limitations or exclusions set forth in the program as to types or amount of cost items; c) be consistent with policies and procedures that apply uniformly to both federally-financed and other activities of the organization; d) be determined in accordance with general1y accepted accounting principles (GAAP); e) not be included as a cost or used to meet cost sharing or matching requirements of any other federally-financed program in either the current or a prior period; and, t) be adequately documented. 13. Submit in triplicate, a monthly Invoice on City of Santa Ana, Federal Empowerment Zone Program Subrecipient Request for Reimbursement, showing in detail the amount of money already expended. Accounting records must be supported by source documentation such as cancelled checks, paid bills, payrolls, and attendance records. Submit the above stated documents to Osiel "Ozzie" Madrigal by the tenth (10th) day of the month following the month in which services are performed. EXHIBIT A EDO Contract No. M589573 EDD/ Admtnistrattve Entity Exhibit B Page 1 of 1 SCHEDULE OF EXPENDITURES The following schedule reflects expenditures estimated to be accrued during the indicated month. It is anticipated that invoicing wHl reflect these amounts or adjustments thereto. MONTH ESTIMATED EXPENDITURES Amount to be billed based on actual amount of services provided 1. Julv 2004 $ 7147.17* $ 7147.17* 2. Auaust 2004 3. September 2004 4. October 2004 $ 7147.17* $7147.17* 5. November 2004 $ 7147.17* $7147.17* 6. December 2005 7. Januarv 2005 $ 7147.17* $ 7147.17* 8. Februarv 2005 9. March 2005 $ 7147.17* $7147.17* 10. April 2005 11. Mav 2005 12. June 2005 $7147.17* $71"47.13* TOTAL ~O (Toequalactual.expenditures not to exceed total amount set forth in Budget. Exhibit C.) Contract Name: Santa Ana Tenn of Contract 07/0t104 to 6130105 Field OffIce/Division.: 042 Santa Ana Exhibit C Budget Detail- Sheet (by PYs} SFY 2004-05* PERSONAL SERVICES & PERSONNEL BENEFITS (PS & PBI Classification EPR-C Sub-Total Annual Salarv $47,729 Contract Hours 1725.90 1725.90 PE's t.OO 1.00 Administrative Staff and Technical (AS&T) (7.44% of (A) Sub - Total Personnel Benefits (41.032% of (B) (Includes AS&T) TOTAL PS & PB OPERATING EXPENSES & EQUIPMENT (OE&EI Allocated OE&E (22.88%* of (B) Direct OE&E Expense Type mileage and travel, supplies and equip Total Direct OE&E TOTAL OE&E CONTRACT TOTAL * Rates may be subject to change. $11.733 Est. Cost $1,713 $1.713 EDD Contract: M589573 Project Code: 365 Total ~ $47.729 $47,729 (A) $3.551 $51,280 (B) $21.040 $72,320 $13.446 $85.766 Please Note: If Staff is outstationed DO NOT include the allocated OE&E