HomeMy WebLinkAboutORANGE, COUNTY OF - SOCIAL SERVICES AGENCY- 2005
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A-2005-081
1 AGREEMENT
2 BETWEEN
3 COUNTY OF ORANGE
4 AND
5 CITY OF SANTA ANA
6 FOR THE PROVISION OF WElFARE-TO-WORK EMPLOYMENT SERVICES
7
8 THIS AGREEMENT. entered into this 1st day of July. 2005. which date is
9 particularized for purpose of reference only, is by and between the COUNTY OF
10 ORANGE. hereinafter referred to as "COUNTY." and CITY OF SANTA ANA, a California
11 municipality. hereinafter referred to as "CONTRACTOR." This Agreement shall be
12 administered by the County of Orange Social Services Agency Director or
13 designee, hereinafter referred to as "ADMINISTRATOR."
14
IS WIT N E SSE T H:
16
17 WHEREAS. COUNTY desires to contract with CONTRACTOR for the provision of
18 Welfare-To-Work employment services: and
19
20 WHEREAS, CONTRACTOR agrees to render such servi ces on the terms and
21 conditions hereinafter set forth;
22
23 WHEREAS. such contracts are authorized and provided for pursuant to
24 California Welfare and Institutions Code Section 11200 et seq.. also known as
25 the California Work Opportunities and Responsibility to Kids (CalWORKs) Act of
26 1997;
27
28 NOW. THEREFORE. IT IS MUTUAllY AGREED AS FOllOWS:
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TABLE OF CONTENTS
Page
1. IT~..................................................................4
2. ALTERATION OF TERMS................................................... 4
3. STATUS OF CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
4. DEFINITIONS:.......................................................... 5
5. DESCRIPTION OF SERVICES. STAFFING..................................... 7
6. LICENSES AND STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS................................ 8
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE........... 10
9. USE OF COUNTY PROPERTY............................................... 13
10. NON-DISCRIMINATION................................................... 13
11. NOTI CES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
12. INDEMNIFICATION AND INSURANCE........................................ 16
13. CONFLICT OF INTEREST.............................................:... 21
14. ANTI-PROSELYTISM PROVISION........................................... 22
15. SUPPLANTI NG GOVERNMENT FUNDS.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
16. BREACH SANCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
17. PAyMENTS............................................................. 23
18. OVERPAyMENTS......................................................... 24
19. REVENUE.............................................................. 25
20. PROGRAM INCOME....................................................... 25
21. FINAL REPORT.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
22. INDEPENDENT AUDIT.................................................... 26
23. RECORDS. INSPECTIONS AND AUDITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
24. PERSONNEL DISCLOSURE... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
25. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING...................... 30
26. CONFIDENTIALITy...................................................... 30
27. COPYRIGHT ACCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
28. WAIVER............................................................... 32
29. PETTY CASH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. 32
30. PUBLICITy............................................................ 32
31. COUNTY RESPONSIBILITIES...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
32. REPORTS.............................................................. 32
33. ENERGY EFFICIENCY STANDARDS...... . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 32
34. ENVIRONMENTAL PROTECTION STANDARDS................................... 33
35. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS................................................. 33
36. POLITICAL ACTIVITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
37. TERMINATION PROVISIONS............................................... 35
38. GOVERNING LAW AND VENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
39. SIGNATURE IN COUNTERPARTS........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
EXHIBIT A
1. POPULATION TO BE SERVED..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
2. WORKLOAD STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
3. SERVICES.............................................................. 2
4. ADDITIONAL CONTRACTOR RESPONSIBILITIES................................ 3
5. FORMS................................................................. 4
6. FACILITIES............................................................ 5
7. CASE RECORDS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
8 . RE PORTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . .. 5
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9. PERFORMANCE REVIEW...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 6
10. STAFF TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. 7
11. HOURS OF OPERATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7.
12. BUDGET FOR PROVISION OF COMMUNITY SERVICE ACTIVITIES.................. 7
13. STAFF................................................................. B
EXHIBIT B
1. POPULATION TO BE SERVED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
2. WORKLOAD STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1
3. SERVICES.............................................................. 2
4. ADDITIONAL CONTRACTOR RESPONSIBILITIES................................ 3
5 . FORMS................................................................. 4
6. FACILITIES............................................................ 4
7. CASE RECORDS... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
B. ~~m...............................................................5
9. PERFORMANCE REV I EW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
10. STAFF TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
11. HOURS OF OPERATION...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . .. 6
12. BUDGET FOR PROVISION OF WORK EXPERIENCE ACTIVITIES.................... 7
13. STAFF................................................................. B
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1 1. TERM
2 The term of this Agreement shall commence on July 1, 2005, and terminate
3 on June 30, 2006, unless earl i er termi nated pursuant to the provi si ons of
4 Paragraph 37 of thi s Agreement: however, CONTRACTOR shall be ob 1 i gated to
5 perform such duties as would normally extend beyond this term, including but
6 not limited to obligations with respect to indemnification, audits, reporting
7 and accounting. CONTRACTOR and ADMINISTRATOR may mutually agree in writing to
8 extend the term of this Agreement, provided that COUNTY's maximum obligation
9 as stated in Subparagraph 17.1 of this Agreement does not increase as a
10 result.
11 2. ALTERATION OF TERMS
12 This Agreement, including any Exhibit(s) attached hereto and
13 incorporated by reference, fully expresses all understandings of the parties
14 and is the total Agreement between the parties as to the subject matter of
15 this Agreement. No addition to, or alteration of, the terms of this
16 Agreement, whether written or verbal, by the parties, their officers, agents,
17 or employees, shall be valid unless made in the form of a written amendment to
18 this Agreement which is formally approved and executed by both parties.
19 3. STATUS OF CONTRACTOR
20 CONTRACTOR is and shall at all times be deemed to be, an independent
21 contractor and shall be wholly responsible for the manner in which it performs
22 the servi ces requi red of it by the terms of thi s Agreement. Nothi ng herei n
23 contained shall be construed as creating the relationship of employer and
24 emp 1 oyee, or pri nci pa 1 and agent, between COUNTY and CONTRACTOR or any of
25 CONTRACTOR's agents or employees. CONTRACTOR assumes exclusively the
26 res pons i bi 1 i ty for the acts of its employees or agents as they relate to
27 services to be provided during the course and scope of their employment.
28 / / /
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1 CONTRACTOR. its agents. employees and volunteers. shall not be entitled
2 to any rights and/or privileges of COUNTY employees. and shall not be
3 considered in any manner to be COUNTY employees.
4 4. DEFINITIONS:
5 4.1 Barriers to Employment: Circumstances that interfere with Welfare-
6 To-Work (WTW) participation. employment. or job search.
7 4.2 Ca 1 WORKs: The acronym for the Ca 1 iforni a Work Opportuni ty and
8 Responsibility to Kids Act of 1997. as described in Section 11200 et. seq. of
9 the Welfare and Institutions Code.
10 4.3 Community Service: A core Welfare-To-Work training activity that
11 is temporary and transitional. which is performed in the public or private
12 non-profit sector under close supervision. and provides participants with job
13 skills that can lead to employment while also meeting a community need. The
14 Community Service activity is not intended to be punitive in nature. It is an
15 opportunity to succeed through an intense case management approach that
16 utilizes all available resources in a focused manner.
17 4.4 Electronic Data Systems (EDS): COUNTY provided electronic data
18 systems through whi ch parti ci pant referra 1 s are recei ved by CONTRACTOR and
19 data is recorded regarding services provided to participants.
20 4.5 Multi-disciplinary Team (MDT): A partnership team including but
21 not limited to staff from Welfare-To-Work. Behavioral Health Services.
22 Domestic Abuse Services. Health Care Agency. One-Stop Centers. Employment
23 Support. Job Servi ces and Vocat i ona 1 Assessment counselors. The purpose of
24 this team is to assist the participant to identify and address issues that
25 have prevented the participant from being successful and work towards the
26 program goa 1 of self -suffi ci ency. The MDT wi 11 be bound by the informed
27 consent requirements specified in Exhibits "A" and "B". Paragraph 7 .3.
28 4.6 One-Stop Centers: Employment-based facilities integrating COUNTY
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1 and One-Stop Partners into a single comprehensive center providing a mix of
2 core. intensive. and training services to businesses seeking employees and
3 part i ci pants seeki ng jobs under vari ous federal and state fundi ng programs.
4 The centers have been established statewide. pursuant to the federal Workforce
5 Investment Act of 1998. to implement a collaborative system of employment
6 training and educat~on programs and services in support of California's
7 economic development.
8 4.7 One-Stop Partner: One of the entities responsible for conducting
9 the day-to-day activities associated with the delivery of workforce
10 development services to employers and job seeking customers. including daily
11 management. supervision. and coordination of staff physically co-located at
12 the Santa Ana WORK Center.
13 4.8 Participant: A recipient of CalWORKs financial assistance
14 benefits who has voluntarily enrolled or is required to participate in the
15 program pursuant to state regulations.
16 4.9 Supportive Services: Payments provided to or on behalf of WTW
17 participants for child care. transportation and ancillary expense costs.
18 4.10 Welfare-To-Work (WTW): A mandated program under CalWORKs which
19 requires parents or caretakers in families on welfare. unless exempted. to
20 meet work requirements by participating in Welfare-To-Work activities with a
21 goal of unsubsidized employment leading to self-sufficiency.
22 4.11 Work Experience: A planned. structured learning experience that
23 takes place in a workplace for a limited period of time. It is designed to
24 gain exposure to the working world and its requirements.
25 4.12 Workforce Investment Act (WIA): The Federal Workforce Investment
26 Act of 1998 provides the framework for a national workforce preparation and
27 emp 1 oyment system. Ti t 1 e 1 of the WIA authori zes and funds a number of
28 employment and training programs in California. Workforce investment
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1 activities authorized by WIA are provided at the local level via the One-Stop
2 de 1 i very system to i ndi vi dua 1 sin need of those servi ces . i nc 1 udi ng job
3 seekers. di s located workers. youth. incumbent workers. new entrants to the
4 workforce, veterans. persons wi th di sabi 1 it i es and employers. The WIA' s
5 primary purpose is to provide workforce investment activities that increase
6 the employment. retention. and earnings of the participant. and increase
7 attainment of occupational skills by participants.
8 4.13 Workforce Investment Board (WIB): A consortium of local business
9 and community leaders who shall provide policy guidance and oversight to a
10 local Workforce Investment Plan that is responsive to the workplace needs of
11 business and job seekers alike.
12 4.14 Workforce Investment Plan: A local plan created under the WIA.
13 and administered by the WIB on behalf of CONTRACTOR. that provides a
14 coordinated mix of services that best meets the workforce investment needs of
15 the local labor market.
16 5. DESCRIPTION OF SERVICES. STAFFING
17 5.1 CONTRACTOR agrees to provide those services. facilities. equipment
18 and supplies as described in the exhibits to the Agreement Between County of
19 Orange and City of Santa Ana, for the Provision of Welfare-To-Work Employment
20 Servi ces. attached hereto and incorporated herei n by reference: Exhi bi t "A"
21 relating to Community Service Activities. and Exhibit "B" relating to Work
22 Experience Activities.
23 5.2 Subject to thirty (30) days advance notice. ADMINISTRATOR may. in
24 its sole discretion. require changes in staffing patterns in accordance with
25 workload demands related to the number of clients to be served.
26 5.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send
27 appropri ate staff to attend an ori entat ion sessi on and subsequent trai ni ng
28 sessions given by COUNTY.
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1 6. LICENSES AND STANDARDS
2 6.1 CONTRACTOR warrants that it has all necessary licenses and permits
3 requi red by the 1 aws of the Uni ted States, State of Ca 1 iforni a. County of
4 Orange and all other appropriate governmental agencies. and agrees to maintain
5 these 1 i censes and permi ts in effect for the duration of thi s Agreement.
6 Further. CONTRACTOR warrants that its employees shall conduct themselves in
7 compliance with such laws and licensure requirements including. without
8 limitation. compliance with laws applicable to sexual harassment and ethical
9 behavior.
10 6.2 In the performance of thi s Agreement. CONTRACTOR shall comply,
11 unless waived in whole or in part by ADMINISTRATOR. with all applicable
12 provisions of the California Welfare and Institutions Code; Title 45 of the
13 Code of Federal Regulations (CFR); Federal Office of Management and Budget
14 Circulars A-21. A-122, and A-87; 48 CFR 31.2; and all applicable laws and
15 regulations of the United States. State of California. County of Orange Social
16 Services Agency Regulations and all administrative regulations. rules and
17 po 1 i ci es adopted thereunder as each and a 11 may now exi st or be hereafter
18 amended.
19 7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS
20 7.1 Delegation and Assignment;
21 CONTRACTOR shall neither delegate its duties or obligations nor
22 assign its rights with respect to this Agreement. either in whole or in part.
23 Any such attempted delegation or assignment shall be void. The transfer of
24 assets in excess of ten (10) percent of the total assets of CONTRACTOR. or any
25 change in the corporate structure. the governi ng body, or the management of
26 CONTRACTOR. which occurs as a result of such transfer. shall be deemed an
27 assignment of benefits under the terms of this Agreement and shall be void.
28 / / /
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1 7.2 Subcontracts:
2 CONTRACTOR shall not subcontract for services under this Agreement
3 without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents
4 in writing to a subcontract. in no event shall the subcontract alter, in any
5 way. any legal responsibility of CONTRACTOR to COUNTY. ADMINISTRATOR may
6 refuse to pay obligations incurred under any subcontract that does not comply
7 with the terms of this Agreement. All subcontracts must be in writing and
8 copies of same shall be provided to ADMINISTRATOR. CONTRACTOR shall include
9 in each subcontract any provision ADMINISTRATOR may require.
10 7.2.1 Subcontracts of $10.000 or less:
11 CONTRACTOR shall develop a standard form Purchase Order,
12 subject to prior written approval of ADMINISTRATOR, to be utilized for the
13 purchase of servi ces by CONTRACTOR when the cumu 1 ati ve tota 1 cost of the
14 services to be provided by any organization is anticipated to be ten thousand
15 dollars ($10,000) or less during the term of this Agreement. The basis for
16 costs incurred by any such Purchase Order(s) shall be the actual cost of
17 provi di ng servi ces or the usua 1 and customary charges estab 1 i shed by the
18 organization(s) providing the services.
19 7.2.2 Subcontracts in excess of $10.000:
20 CONTRACTOR shall develop and submit for approval to
21 ADMINISTRATOR a system for the procurement of subcontracts with any
22 organization in which the total cumulative cost of services provided by any
23 single organization is anticipated to exceed ten thousand dollars ($10,000)
24 duri ng the term of thi s Agreement. CONTRACTOR' s proposed procurement system
25 shall take into consideration such factors as: degree of price competition:
26 pricing policies and techniques: experience and quality of service: methods of
27 evaluating subcontractor responsibility: relationship of subcontractor to
28 CONTRACTOR: planning, award, and postaward management of subcontracts,
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1 i nc 1 udi ng i nterna 1 audi t procedures and monitori ng of subcontractor's
2 performance until completion of services.
3 Upon ADMINISTRATOR's approval of CONTRACTOR's proposed
4 procurement system, CONTRACTOR shall comply with such procurement system in
5 obtaining subcontracts with a total cost in excess of ten thousand dollars
6 ($10,000) during the term of this Agreement. In addition, CONTRACTOR shall
7 obtain ADMINISTRATOR's written consent prior to entering into a subcontract
8 with any organization when the total cumulative cost of services to be
9 provided by that organization is anticipated to exceed ten thousand dollars
10 ($10.000) during the term of this Agreement.
11 CONTRACTOR and its subcontractor (s) sha 11 estab 1 i sh and
12 maintain accurate and complete financial records related to services provided
13 under the terms of thi s Agreement. Such records may be subject to the
14 satisfaction of ADMINISTRATOR. and to the examination and audit by
15 ADMINISTRATOR or designee. for a period of four (4) years after the date of
16 final payment under this Agreement. or until any pending audit is completed.
17 B. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE
18 B.1 Form of Business Organization:
19 Upon the request of ADMINISTRATOR. CONTRACTOR shall prepare and
20 submit, within thirty (30) days thereafter. an affidavit executed by persons
21 satisfactory to ADMINISTRATOR containing, but not limited to, the following
22 information:
23 B.1.1 The form of CONTRACTOR's business organization. i.e.,
24 proprietorship, partnership, corporation. etc.
25 B.1.2 A detailed statement indicating the relationship of
26 CONTRACTOR. by way of ownership or otherwise, to any parent organization or
27 individual.
28 B.1.3 A detailed statement indicating the relationship of
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1 CONTRACTOR to any subsidiary business organization or to any individual who
2 may be providing services. supplies. material or equipment to CONTRACTOR or in
3 any manner does business with CONTRACTOR under this Agreement.
4 8.2 Change in Form of 8usiness Organization:
5 If duri ng the term of thi s Agreement. the form of CONTRACTOR' s
6 bus i ness organi zat i on changes. or the ownershi p of CONTRACTOR changes. or
7 CONTRACTOR' s re 1 at i onshi p to other bus i nesses dea 1 i ng wi th CONTRACTOR under
8 thi s Agreement changes. CONTRACTOR sha 11 promptly not Hy ADMINISTRATOR, in
9 writing. detailing such changes. A change in the form of business
10 organization may. at COUNTY's sole discretion. be treated as an attempted
11 assignment of rights or delegation of duties of this Agreement.
12 8.3 Real Property Disclosure:
13 If CONTRACTOR is occupying any real property under any agreement.
14 oral or written. where persons are to receive services hereunder. CONTRACTOR
15 may be required to submit the following information in addition to a copy of
16 the lease. license or rental agreement. as well as any other information
17 requested. within ten (10) days from the date of the request by ADMINISTRATOR:
18 8.3.1 The location by street address and city of any such real
19 property.
20 8.3.2 The fai r market value of any such real property as such
21 va 1 ue is refl ected on the most recently issued County Tax Collector' s tax
22 bi 11.
23 8.3.3 A detailed description of all existing and pending
24 agreements. with respect to the use or occupation of any such real property.
25 Such description shall include. but not be limited to:
26 8.3.3.1 The term duration of any rental agreement. lease
27 or sublease:
28 8.3.3.2 The amount of moneta ry cons i de rat i on to be pa i d
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1 to the 1 essor. sublessor or 1 i censor over the term of the renta 1 agreement.
2 lease. or sublease:
3 8.3.3.3 The type and dollar value of any other
4 consideration to be paid to the lessor. sublessor or licensor:
5 8.3.3.4 The full names and addresses of all parties to
6 any agreement concerni ng the rea 1 property and a 1 i st i ng of 1 i ens (if any)
7 thereof, together with a listing by full names and addresses of all officers.
8 directors and stockholders of any private corporation and a similar listing of
9 all general and limited partners of any partnership which is a party,
10 8.3.4 A listing by full names of all of CONTRACTOR's officers,
11 directors and/or partners. members of its administrative and advisory boards,
12 staff and consultants, who have any family relationship by marriage or blood
13 with a party to any agreement concerning real property referred to in
14 Subparagraph 8.3.3. immediately above. or who have any present or future
15 financial interest in such person's business, whether the entity concerned is
16 a corporation or partnership, Such listing shall also include the full names
17 of a 11 of CONTRACTOR's offi cers. di rectors. partners and those ho 1 di ng a
18 financial interest. Included are members of its advisory boards. members of
19 its staff and consultants. who have any family relationship by marriage or
20 blood. to an officer. director. or stockholder of the corporation or to any
21 partner of the partnership. In preparing the latter listing. CONTRACTOR shall
22 also indicate the names of the officers, directors. stockholders. or
23 partner(s). as appropriate. and the family relationship which exists between
24 such person(s) and CONTRACTOR's representatives listed.
25 8.3.5 True and correct copies of all agreements with respect to
26 any such real property shall be appended to the affidavit described above and
27 made a part thereof. If. during the term of this Agreement. there is a change
28 in the agreement(s) wi th respect to real property where persons recei ve
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1 services. CONTRACTOR shall promptly notify ADMINISTRATOR. in writing.
2 describing such changes.
3 9. USE OF COUNTY PROPERTY
4 9. 1 COUNTY intends to permi t CONTRACTOR the rent - free use of offi ce
5 space. office furniture. and office equipment located in any and all offices
6 and COUNTY facilities at which CONTRACTOR will be collocated with COUNTY staff
7 pursuant to this Agreement. as is more particularly set forth in that certain
8 sublease described in Subparagraph 9.2. below. As stated in the sublease.
9 said office space. office furniture. and equipment shall be used solely by
10 employees of CONTRACTOR while performing their assigned duties pursuant to
11 this Agreement.
12 9.2 CONTRACTOR shall enter into a rent-free sublease with
13 ADMINISTRATOR for facilities provided by ADMINISTRATOR and will execute all
14 terms and condi t ions of sai d agreement upon ADMINISTRATOR' s presentati on of
15 said document to CONTRACTOR. Failure to execute the sublease will result in a
16 breach of this Agreement.
17 10. NON-DISCRIMINATION
18 10.1 In the performance of this Contract. CONTRACTOR agrees that it
19 sha 11 not engage nor employ any unlawful di scrimi natory practi ces in the
20 admission of clients. provision of services or benefits. assignment of
21 accommodations. treatment. evaluation. employment of personnel or in any other
22 respect on the basis of sex. race. color. ethnicity. national origin.
23 ancestry, religion. age, marital status, medical condition. sexual
24 orientation. physical or mental disability or any other protected group in
25 accordance with the requirements of all applicable Federal or State law.
26 10.2 CONTRACTOR shall develop an Affirmative Action Program Plan which
27 meets the lawful and applicable requirements of the Department of Health and
28 Human Services.
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1 10.3 CONTRACTOR shall furnish any and all information requested by
2 ADMINISTRATOR and shall permit ADMINISTRATOR access. during business hours. to
3 books. records and accounts in order to ascertain CONTRACTOR's compliance with
4 Paragraph 10 et seq.
5 10.4 CONTRACTOR shall comply with Executive Order 11246. entitled
6 "Equa 1 Employment Opportunity". as amended by Executi ve Order 11375 and as
7 supplemented in Department of Labor regulations (41 CFR Part 60).
8 10.5 Non-Discrimination in Employment
9 10.5.1 All solicitations or advertisements for employees placed
10 by or on behalf of CONTRACTOR shall state that all qualified applicants will
11 recei ve cons i derati on for employment without regard to sex. race. color.
12 ethnicity. national origin. ancestry. religion. age, marital status. medical
13 condi ti on. sexua 1 ori entati on. physi ca 1 or menta 1 di sabi 1 ity or any other
14 protected group in accordance with the requirements of all applicable Federal
15 or State law. Notices describing the provisions of the equal opportunity
16 clause shall be posted in a conspicuous place for employees and job
17 applicants.
18 10.5.2 CONTRACTOR shall refer any and all employees desirous of
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filing a formal discrimination complaint to:
State of California Public Inquiry and Response Bureau
744 P Street. MS 20-23
Sacramento. California 95814
Telephone: 1-800-952-5253
1-800-952-8349 (Hearing Impaired)
10.6 Non-Discrimination in Service Delivery
10.6.1 CONTRACTOR shall comply with Title VI and VII 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 Food Stamp Act
of 1977. as amended. and in particular Section 272.6; Title II of the
Americans with Disabilities Act of 1990; California Civil Code Section 51 et
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1 seq.. as amended: California Government Code Sections 11135-11139.5. as
2 amended: California Government Code Section 12940 (c). (h) (1). (i). and (j):
3 California Government Code Section 4450: Title 22. California Code of
4 Regulations Sections 98000-98413: Title 24 of the California Code of
5 Regulations. Section 3105A(e): the Dyma11y-A11atorre Bilingual Services Act
6 (California Government Code Section 7290-7299.8): Section 1808 of the Removal
7 of Barriers to Interethnic Adoption Act of 1996: and other applicable Federal
8 and State laws. as well as their implementing regulations (including 45 Code
9 of Federal Regulations (CFR) Parts 80. 84. and 91. 7 CFR Part 15. and.28 CFR
10 Part 42). and any other law pertaining to Equal Employment Opportunity.
11 Affirmative Action and Nondiscrimination as each may now exist or be hereafter
12
amended.
CONTRACTOR shall not implement any administrative methods or
13 procedures which would have a discriminatory effect or which would violate the
14 California Department of Social Services (CDSS) Manual of Policies and
15 Procedures (MPP) Division 21. Chapter 21-100. If there are any violations of
16 this paragraph. CDSS shall have the right to invoke fiscal sanctions or other
17 legal remedies in accordance with Welfare and Institutions Code Section 10605.
18 or Government Code Sections 11135-11139.5. or any other laws. or the issue may
19 be referred to the appropri ate Federa 1 agency for further comp 1 i ance acti on
20 and enforcement of Subparagraph 10.6 et seq.
21 10.6.2 CONTRACTOR sha 11 provi de any and all c 1 i ents des i rous of
22 filing a formal complaint any and all information as appropriate:
23
24 Programs (PUB 13)
25
26
27
28
10.6.2.1 Pamphlet: "Your Rights Under California Welfare
10.6.2.2 Discrimination Complaint Form
10.6.2.3 Civil Rights Contacts:
County Civil Rights Contact:
Orange County Social Services Agency
Program Integrity
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1200 N. Main Street
Santa Ana. CA 92701-3633
Attn: Civil Rights Coordinator
Telephone: (714) 480-6501
State Civil Rights Contact:
California Department of Social Services
Civil Rights Bureau
744 P Street. M.S. 15-70
Sacramento. CA 95814
Federal Civil Rights Contact:
U.S. Department of Health and Human Services
Office of Civil Rights
50 U.N. Plaza. Room 322
San Francisco. CA 94102
11. NOTICES
All notices. claims. correspondence. reports. and/or statements
authorized or required by this Agreement shall be addressed as follows:
COUNTY: County of Orange Social Services Agency
Contract Services
888 N. Main Street
Santa Ana. CA 92701
CONTRACTOR: Santa Ana W/O/R/K Center
1000 E. Santa Ana Blvd.. Suite 200
Santa Ana. CA 92701
All notices shall be deemed effective when in writing and deposited in
the United States mail. first class. postage prepaid and addressed as above.
Any notices. claims. correspondence. reports and/or statements authorized or
required by this Agreement addressed in any other fashion shall be deemed not
given. ADMINISTRATOR and CONTRACTOR may mutually agree in writing to change
25 the addresses to which notices are sent.
26
27
28
12. INDEMNIFICATION AND INSURANCE
12.1 CONTRACTOR agrees to indemnify. defend with counsel approved in
writing by COUNTY. and hold Department of Health and Human Services. the
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1 State, COUNTY, and their elected and appointed officials, officers, employees,
2 agents and those special districts and agencies which COUNTY's Board of
3 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from
4 any claims, demands or liability of any kind or nature. including but not
5 limited to personal injury or property damage, arising from or related to the
6 servi ces. products or other performance provi ded by CONTRACTOR pursuant to
7 thi s Agreement. If judgment is entered agai nst CONTRACTOR and COUNTY by a
8 court of competent jurisdiction because of the concurrent active negligence of
9 COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will
10 be apportioned as determined by the court. Neither party shall request a jury
11 apportionment.
12 12.2 Without limiting CONTRACTOR's liability for indemnification, prior
13 to the provi si on of servi ces under thi s Agreement. CONTRACTOR agrees to
14 purchase all requi red insurance at CONTRACTOR' s expense and to deposi t with
15 ADMINISTRATOR Certificates of Insurance. including all endorsements required
16 herein, necessary to satisfy COUNTY that the insurance provisions of this
17 Agreement have been complied with and to keep such insurance coverage and the
18 certificates therefore on deposit with ADMINISTRATOR during the entire term of
19 this Agreement, as set forth herein.
20 12.3 CONTRACTOR shall ensure that all subcontractors performing work on
21 behalf of CONTRACTOR pursuant to this Agreement shall be covered under
22 CONTRACTOR's insurance as an additional insured or maintain insurance subject
23 to the same terms and conditions as set forth herein for CONTRACTOR.
24 CONTRACTOR shall not allow subcontractors to work if subcontractors have less
25 than the 1 eve 1 of coverage requi red by COUNTY from CONTRACTOR under thi s
26 Agreement. It is the obligation of CONTRACTOR to provide notice of the
27 insurance requirements to every subcontractor, and to receive proof of
28 insurance pri or to all owi ng any subcontractor to begi n work. Such proof of
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1 insurance must be maintained by CONTRACTOR through the entirety of this
2 Agreement for inspection by County representative(s) at any reasonable time.
3 12.4 All insurance policies required by this Agreement shall declare
4 any deductible or self-insured retention (SIR) in an amount in excess of
5 $25,000 ($5.000 for automobile liability), which shall specifically be
6 approved by the County Executive Office (CEO)/Office of Risk Management.
7 CONTRACTOR sha 11 be res pons i b 1 e for rei mbursement of any deduct i b 1 e to the
8 insurer. Any self-insured retentions (SIRs) or deductibles shall be clearly
9 stated on the Certificate of Insurance.
10 12.5 If CONTRACTOR fails to maintain insurance acceptable to COUNTY for
11 the full term of this Agreement, COUNTY may terminate this Agreement.
12 12.6 The policy or policies of insurance required herein must be issued
13 by an insurer licensed to do business in the State of California (California
14 Admitted Carrier). If the insurer is not licensed to do business in the State
15 of California, AOMINISTRATOR retains the right to approve or reject the
16 insurer after a review of the insurer's performance and financial ratings by
17 the County Executive Office (CEO)/Office of Risk Management.
18 12.7 The policy or policies of insurance required herein must be issued
19 by an insurer with a minimum rating of "A- (Secure Best's Rating)" and a
20 minimum financial rating of "VIII (Financial Size Category)," as determined by
21 the most current edition of the Best's Key Rating Guide/Property-
22 Casualty/United States or by going on-line to "ambest.com."
23 12.8 The policy or polices of insurance maintained by CONTRACTOR shall
24 provide the minimum limits and coverage as set forth below:
25 / / /
26 / / /
27 ///
28 / / /
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Coverage Minimum Limits
Per Occurrence* Annual Aggregate*
Commercial General Liability with
broad form property damage and $1.000.000 $2.000,000
contractua 1 1 i abil i ty
Automobile Liability (covering all
$1.000.000 $1.000,000
owned. non-owned and hired vehicles)
Workers' Compensation Statutory Statutory
Employers' Liability $1.000.000 $1,000.000
12. 9 All 1 i abi 1 ity insurance, requi red by thi s Agreement sha 11 be at
least $1.000.000 combined single limit per occurrence. The minimum aggregate
limit for the Commercial General Liability policy shall be $2.000.000.
12.10 The County of Orange shall be added as an addi ti ona 1 insured on
all insurance policies required by this Agreement with respect to the services
provi ded by CONTRACTOR under the terms of thi s Agreement (except Workers'
Compensat i on/Emp 1 oyers ' L i abi 1 i ty) . An addi t i ona 1 insured endorsement
evidencing that the County of Orange is an additional insured shall accompany
the Certificate of Insurance.
12.11 All insurance policies required by this Agreement shall be primary
insurance. and any insurance mai ntai ned by the County of Orange shall be
excess and non -contri but i ng wi th insurance provi ded by these pol i ci es. An
endorsement evidencing that CONTRACTOR's insurance is primary and non-
contributing shall specifically accompany the Certificate of Insurance for the
Commercial General Liability.
12.12 All insurance policies required by this Agreement shall give the
County of Orange thirty (30) days notice in the event of cancellation. This
shall be evidenced by an endorsement separate from the Certificate of
Insurance. In addi t ion. the cance 11 at ion clause must i nc 1 ude 1 anguage as
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1 follows. which edits the pre-printed ACORD certificate:
2 "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
3 BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL
4 ENDE~VOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
5 HOLDER NAMED TO THE LEFT. BUT F/\ILURE TO M.^.IL SUCH NOTICE
6 SHALL IMPOSE NO OBLIGATION OR LI.^.BILITY OF ANY KIND upml THE
7 COMPNIY. ITS .^.GENT OR REPRESE~IT/'.TIVE."
8 12.13 All insurance policies required by this Agreement shall waive all
9 rights of subrogation against the County of Orange and members of the Board of
10 Supervisors. its elected and appointed officials. officers. agents and
11 employees when acting within the scope of their appointment or employment.
12 12.14 The Commercial General Liability policy shall contain a
13 severability of interests clause.
14 12.15 CONTRACTOR is aware of the provisions of Section 3700 of the
15 Ca 1 iforni a Labor Code whi ch requi res every employer to be insured aga i nst
16 1 i abi 1 ity for Workers' Compensation or be self - insured in accordance with
17 provi si ons of that code. CONTRACTOR wi 11 comply with such provi si ons and
18 sha 11 furni sh COUNTY satisfactory evi dence that CONTRACTOR has secured. for
19 the period of this Agreement. statutory Workers' Compensation insurance and
20 Employers' Liability insurance with minimum limits of $1.000.000 per
21 occurrence.
22 12.16 If CONTRACTOR fai 1 s to provi de the insurance cert ifi cates and
23 endorsements within seven (7) days of notification by CEO/Purchasing or
24 ADMINISTRATOR, award may be made to the next qualified proponent.
25 12.17 COUNTY expressly retains the right to require CONTRACTOR to
26 increase or decrease insurance of any of the above insurance types throughout
27 the term of this Agreement. Any increase or decrease in insurance will be as
28 deemed by County of Orange Risk Manager as appropriate to adequately protect
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1 COUNTY.
2 12.18 COUNTY shall notify CONTRACTOR in writing of changes in the
3 insurance requirements. If CONTRACTOR does not deposit copies of acceptable
4 certificates of insurance and endorsements with ADMINISTRATOR incorporating
5 such changes within thirty (30) days of receipt of such notice, this Agreement
6 may be in breach without further noti ce to CONTRACTOR, and COUNTY sha 11 be
7 entitled to all legal remedies.
8 12.19 The procuri ng of such requi red pol icy or pol i ci es of insurance
9 shall not be construed to limit CONTRACTOR's liability hereunder. nor to
10 fulfill the indemnification provisions and requirements of this Agreement.
11 12.20 The County of Orange Certificate of Insurance and the Special
12 Endorsement for the County of Orange can be utilized to verify compliance with
13 the above-menti oned insurance requi rements in place of commerci a 1 insurance
14 certificates and endorsements.
15 12.21 If CONTRACTOR is a governmental entity, CONTRACTOR may self-insure
16 for required coverages.
17 13. CONFLICT OF INTEREST
18 CONTRACTOR shall exercise reasonable care and diligence to prevent any
19 actions or conditions that could result in a conflict with the best interests
20 of COUNTY. Thi s ob 1 i gat ion shall apply to CONTRACTOR's employees, agents,
21 relatives, subcontractors, and third parties associated with accomplishing the
22 work hereunder.
23 CONTRACTOR's efforts shall include, but not be limited to, establishing
24 precautions to prevent its employees or agents from making, receiving,
25 providing, or offering gifts, entertainment, payments, loans, or other
26 considerations which could be deemed to appear to influence individuals to act
27 contrary to the best interests of COUNTY.
28 / / /
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1 14. ANTI-PROSELYTISM PROVISION
2 No funds provided directly to institutions or organizations to provide
3 services and administer programs under 42 U.S.C. Section 604(a)(1)(A) shall be
4 expended for sectarian worship. instruction. or proselytization. except as
5 otherwise permitted by law.
6 15. SUPPLANTING GOVERNMENT FUNDS
7 CONTRACTOR shall not supplant any Federal. State or COUNTY funds
8 intended for the purposes of thi s Agreement wi th any funds made ava il ab 1 e
9 under this Agreement. CONTRACTOR shall not claim reimbursement from COUNTY
10 for. or apply sums received from COUNTY with respect to. that portion of its
11 ob 1 i gat ions whi ch have been pai d by another source of revenue. CONTRACTOR
12 agrees that it shall not use funds received pursuant to this Agreement. either
13 directly or indirectly. as a contribution or compensation for purposes of
14 obtaining Federal. State or COUNTY funds under any Federal. State or COUNTY
15 program without prior written approval of ADMINISTRATOR.
16 16. BREACH SANCTIONS
17 Failure by CONTRACTOR to comply with any of the provisions. covenants.
18 or conditions of this Agreement shall be a material breach of this Agreement.
19 In such event ADMINISTRATOR may. in its sole discretion. and in addition to
20 immediate termination and any other remedies available at law. in equity. or
21 otherwise specified in this Agreement:
22 16.1 Afford CONTRACTOR a time period within which to cure the breach.
23 which period shall be established at the sole discretion of ADMINISTRATOR;
24 and/or
25 16.2 Discontinue reimbursement to CONTRACTOR for and during the period
26 in which CONTRACTOR is in breach. which reimbursement shall not be entitled to
27 later recovery; and/or
28 16.3 Offset agai nst any moni es bi 11 ed by CONTRACTOR but yet unpai d by
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1 COUNTY those monies disallowed pursuant to Subparagraph 16.2. above.
2 ADMINISTRATOR shall give CONTRACTOR written notice of any action
3 pursuant to this paragraph. which notice shall be deemed served on the date of
4 ma il i ng .
5 17. PAYMENTS
6 17.1 Maximum Contractual Obligation:
7 The maximum ob 1 i gati on of COUNTY under thi s Agreement shall be
8 $497.671. or actual allowable costs. whichever is less.
9 17.2 Allowable Costs:
10 Duri ng the term of thi s Agreement. COUNTY shall pay CONTRACTOR
11 monthly in arrears. for actual allowable costs incurred and paid by CONTRACTOR
12 pursuant to this Agreement. as defined in OMB Circular A-87 or as approved by
13 ADMINISTRATOR. However. COUNTY. in it sole discretion. may pay CONTRACTOR for
14 anticipated allowable costs that will be incurred by CONTRACTOR for June 2006.
15 during the month of such anticipated expenditure.
16 17.3 Claims:
17 17.3.1 All c 1 aims must be submi tted month 1 y by CONTRACTOR on a
18 form approved by ADMINISTRATOR. All claims submitted to COUNTY must be
19 supported with source documents including. inter alia. a monthly statement of
20 servi ces. general 1 edgers. supporti ng journa 1 s. time sheets. i nvoi ces .
21 canceled checks. receipts. and receiving records. some of which may be
22 required to be copied and submitted with each monthly invoice. Source
23 documents that CONTRACTOR must submi t wi th each monthly i nvoi ce sha 11 be
24 determined by ADMINISTRATOR and/or COUNTY's Auditor-Controller. CONTRACTOR
25 shall retain all financial records in accordance with Paragraph 23 (Records.
26 Inspections. Audits) of this Agreement.
27 17.3.2 Payments should be released by COUNTY within a reasonable
28 time period of approximately thirty (30) days after receipt of a correctly
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1 completed claim form and required supporting documentation.
2 17.3.3 Final Claim/Settlement:
3 17.3.3.1 Any and all claims must be received by
4 ADMINISTRATOR no later than August 30. 2006 at 5:00 p.m., said date being
5 approximately sixty (60) days after termination of this Agreement. Claims
6 received after this date and time may not be reimbursed. ADMINISTRATOR may.
7 in its sole discretion, modify the date upon which the final claim must be
8 received. upon notice to CONTRACTOR.
9 17.3.3.2 The bas is for fi na 1 settlement sha 11 be the
10 actual allowable costs as defined in Title 45 of the Code of Federal
11 Regulations and OMS Circular A-122, incurred and paid by CONTRACTOR pursuant
12 to this Agreement: limited. however. to the maximum obligation of COUNTY. In
13 the event that any overpayment has been made. COUNTY may offset the amount of
14 the overpayment agai nst the fi na 1 payment. In the event overpayment exceeds
15 the final payment, CONTRACTOR shall pay COUNTY all such sums within five (5)
16 days of notice from COUNTY. Nothing herein shall be construed as limiting the
17 remedies of COUNTY in the event an overpayment has been made.
18 18. OVERPAYMENTS
19 Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which
20 CONTRACTOR is enti t 1 ed under thi s Agreement shall be repa i d to COUNTY. in
21 accordance with any applicable regulations and/or policies in effect during
22 the term of thi s Agreement. or as estab 1 i shed by COUNTY procedure. Any
23 overpayments made by COUNTY which result from a payment by any other funding
24 source shall be repaid. at the discretion of ADMINISTRATOR, to COUNTY or the
25 funding source. Unless earlier repaid, CONTRACTOR shall make repayment within
26 thirty (30) days after the date of the final audit findings report, and prior
27 to any admi ni strat i ve appea 1 process. In the event an overpayment owi ng by
28 CONTRACTOR is collected from COUNTY by the fundi ng source. then CONTRACTOR
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1 sha 11 reimburse COUNTY wi thi n thi rty (30) days thereafter. and pri or to any
2 administrative appeal process. CONTRACTOR agrees to pay all costs incurred by
3 COUNTY necessary to enforce the provisions set forth in this paragraph.
4 19. REVENUE
5 Whenever CONTRACTOR recei ves any money specifi ca lly desi gnated for use
6 in programs funded through this Agreement, such monies shall be considered a
7 cost off-set and treated as a reduction against the amount claimed by
8 CONTRACTOR. except for Program Income as defined in 45 CFR. Section 92.25 as
9 that section currently exists or may be hereafter amended. The procedure for
10 designating money as Program Income is set forth in Paragraph 20 of this
11 Agreement.
12 20. PROGRAM INCOME
13 It is mutually understood that the State or Federal agency responsi b 1 e
14 for providing the funding for this Agreement may designate certain revenue of
15 CONTRACTOR as Program Income. To be designated as Program Income and.
16 therefore, as other than a cost off-set. CONTRACTOR shall do all of the
17 following:
18 20.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed
19 Program Income;
20 20.2 Set up and maintain a separate bank account for any proposed
21 Program Income and account for any and all such income received; and
22 20.3 Report to ADMINISTRATOR any and all Program Income received no
23 1 ater than thi rty (30) days from the date of recei pt; record the amount
24 recei ved on i nterna 1 fi nanci a 1 records; and i ndi cate the amount recei ved on
25 the monthly claim submitted to ADMINISTRATOR.
26 20.4 ADMINISTRATOR shall then forward the plan for the requested use of
27 the proposed Program Income to the appropriate State and/or Federal agencies
28 for approval.
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1 20.5 CONTRACTOR shall not spend any of the proposed Program Income
2 unless or until such time as ADMINISTRATOR obtains authorization for the use
3 of the Program Income from the res pons i b 1 e State and/or Federa 1 agency and
4 provides CONTRACTOR with prior written approval for the use of the funds.
5 20.6 ADMINISTRATOR may. in its sole discretion. issue future policy
6 statements and/or instructions with respect to Program Income. CONTRACTOR
7 shall immediately comply with such policy statements and/or instructions.
8 21. FINAL REPORT
9 CONTRACTOR shall complete and submit to ADMINISTRATOR a final report
10 within sixty (60) days after the termination of this Agreement. which shall
11 summarize the activities and services provided by CONTRACTOR during the term
12 of this Agreement. CONTRACTOR and ADMINISTRATOR may mutually agree in writing
13 to modify the date upon which the final report must be submitted.
14 22. INDEPENDENT AUDIT
15 22.1 CONTRACTOR sha 11 employ a 1 i censed certifi ed pub 1 i c accountant.
16 who shall prepare and file with ADMINISTRATOR, an annual organization-wide
17 audit of related expenditures during the term of this Agreement in compliance
18 with the Office of Management and Budget (OMB) Circular A-133, Audits of
19 States. Loca 1 Governments. and Non-Profi t Organi zat ions. The audi t must be
20 performed in accordance with Generally Accepted Government Auditing Standards
21 (GAGAS) and OMB Circular A-122. CONTRACTOR shall cooperate with County, State
22 and/or Federal agencies to ensure that corrective action is taken within six
23 (6) months after issuance of all audit reports with regard to audit
24 exceptions.
25 22.2 CONTRACTOR agrees to provide ADMINISTRATOR with a copy of its
26 organization-wide audit for the period ending June 30 within sixty (60) days
27 after the end of its fiscal year. Failure to comply with this paragraph shall
28 be sufficient cause for ADMINISTRATOR, in its sole discretion. to deny payment
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1 of any moni es under thi s or any other subsequent Agreement wi th CONTRACTOR
2 until such time the audit is received. AOMINISTRATOR may. in its sole
3 discretion, modify the date upon which the independent audit must be received.
4 upon notice to CONTRACTOR.
5 23. RECORDS. INSPECTIONS AND AUDITS
6 23.1 Financial Records:
7 23.1.1 CONTRACTOR sha 11 prepare and ma i ntai n accurate and
8 complete financial records. Financial records shall be retained. by
9 CONTRACTOR. for a minimum of four (4) years from the date of final payment
10 under this Agreement or until all pending COUNTY. State and Federal audits are
11 completed. whichever is later.
12 23.1.2 CONTRACTOR shall establish and maintain reasonable
13 accounting. internal control and financial reporting standards in conformity
14 with generally accepted accounting principles established by the American
15 Institute of Certified Public Accountants (AICPA) and to the satisfaction of
16 ADMINISTRATOR.
17 23.2 Participant Records:
18 23.2.1 CONTRACTOR shall prepare and maintain accurate and
19 comp 1 ete records of c 1 i ents served. and dates and type of servi ces provi ded
20 under the terms of this Agreement in a form acceptable to ADMINISTRATOR.
21 23.2.2 All c 1 i ent records related to servi ces provi ded under the
22 terms of this Agreement shall be retained by CONTRACTOR for a minimum of four
23 (4) years from the date of fi na 1 payment under thi s Agreement or unti 1 all
24 pendi ng COUNTY. State and Federa 1 audi ts are completed, whi chever is 1 ater .
25 Notwithstanding anything to the contrary, upon termination of this Agreement.
26 CONTRACTOR shall re 1 i nqui sh control wi th respect to c 1 i ent records to COUNTY
27 in accordance with Subparagraph 37.2.
28 23.2.3 COUNTY may refuse payment for a claim if client records
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1 are determined by COUNTY to be incomplete or inaccurate. In the event client
2 records are determined to be incomplete or inaccurate after payment has been
3 made. COUNTY may treat such payment as an overpayment within the provisions of
4 this Agreement.
5 23.3 Inspections and Audits:
6 23.3.1 The Department of Hea lth and Human Servi ces. Comptro 11 er
7 General of the United States. Director of the California Department of Social
8 Services. State Auditor-General. ADMINISTRATOR. COUNTY's Auditor-Controller
9 and Internal Audit Department. or any of their authorized representatives.
10 sha 11 have access to any books. documents. papers and records. i nc 1 udi ng
11 medical records. of CONTRACTOR which any of them may determine to be pertinent
12 to this Agreement for the purpose of financial monitoring. Further. all the
13 above mentioned persons have the right at all reasonable times to inspect or
14 otherwise evaluate the work performed or being performed under this Agreement
15 and the premises in which it is being performed.
16 23.3.2 CONTRACTOR shall make available its books and financial
17 records within the borders of Orange County within ten (10) days after receipt
18 of written demand by ADMINISTRATOR.
19 23.3.3 In the event CONTRACTOR does not !)lake available its books
20 and financial records within the borders of Orange County. CONTRACTOR agrees
21 to pay all necessary and reasonable expenses incurred by COUNTY. or COUNTY's
22 designee. necessary to obtain CONTRACTOR's books and financial records.
23 23.3.4 CONTRACTOR sha 11 pay to COUNTY the full amount of COUNTY' s
24 1 i abi 1 i ty to the State or Federa 1 government or any agency thereof resulti ng
25 from any di sa 11 owances or other audi t exceptions to the extent that such
26 liability is attributable to CONTRACTOR's failure to perform under this
27 Agreement.
28
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1 24. PERSONNEL DISCLOSURE
2 24.1 CONTRACTOR shall make available to ADMINISTRATOR a current list of
3 all personnel providing services hereunder, including resumes and job
4 applications. Changes to the list will be immediately provided to
5 ADMINISTRATOR in writing, along with a copy of a resume and/or job
6 application. The list shall include:
7 24.1.1 All full or part-time staff positions by title, including
8 volunteer positions whose direct services are required to provide the programs
9 described herein:
10 24.1.2 A brief description of the functions of each position and
11 the hours each person works each week, or for part-time personnel each day or
12 month, as appropriate:
13 24.1.3 The professional degree. if applicable, and experience
14 required for each positlon: and
15 24.1.4 The language skill, if applicable. for all personnel.
16 24.2 Where authorized by law, CONTRACTOR shall conduct criminal record
17 background checks on all employees and/or volunteers who will provide services
18 under this Agreement.
19 24.3 CONTRACTOR warrants that all persons employed or otherwise
20 assigned by CONTRACTOR to provide services under this Agreement have
21 satisfactory past work records and/or reference checks indicating their
22 ability to perform the required duties and accept the kind of responsibility
23 anticipated under this Agreement. CONTRACTOR shall maintain records of
24 background i nvesti gat ions and reference checks undertaken and coordi nated by
25 CONTRACTOR for each employee and/or volunteer assi gned to provi de servi ces
26 under thi s Agreement for a mi nimum of four (4) years from the date of fi na 1
27 payment under thi s Agreement or unti 1 all pendi ng COUNTY, State and Federal
28 audits are completed. whichever is later, in compliance with all applicable
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1 laws.
2 24.4 CONTRACTOR shall immediately notify ADMINISTRATOR concerning the
3 arrest and/or subsequent convi cti on, for offenses other than mi nor traffi c
4 offenses, of any pai d employee and/or volunteer staff performi ng servi ces
5 under thi s Agreement, when such i nformat i on becomes known to CONTRACTOR.
6 ADMINISTRATOR, in its sole discretion, may determine whether such employee
7 and/ or volunteer may continue to provi de servi ces under thi s Agreement and
8 shall provide notice of such determination to CONTRACTOR in writing.
9 CONTRACTOR's failure to comply with ADMINISTRATOR's decision shall be deemed a
10 material breach of this Agreement, pursuant to Paragraph 16, above.
11 25. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING
12 CONTRACTOR shall establish a procedure acceptable to ADMINISTRATOR to
13 ensure that all employees, volunteers, consultants, or agents performing
14 servi ces under thi s Agreement report chi 1 d abuse or negl ect to a chil d
15 protective agency as defined in Penal Code Section 11165.9 and dependent adult
16 abuse as defined in Section 15630 (al of the Welfare and Institutions Code,
17 and elder abuse as defined in Section 15610.07 of the Welfare and Institutions
18 Code, to an adult protection agency. CONTRACTOR shall require such employee,
19 volunteer, consultant or agent to sign a statement acknowledging the reporting
20 requirements as defined in Section 11166 of the California Penal Code and will
21 comply with the provisions of the code section as it now exists or as it may
22 hereafter be amended.
23 26. CONFIDENTIALITY
24 26.1 CONTRACTOR agrees to maintain the confidentiality of its records
25 pursuant to Welfare and Institutions Code Sections 827 and 10850-10853, the
26 CDSS Manual of Policies and Procedures, Division 19-000, and all other
27 provisions of law, and regulations promulgated thereunder relating to privacy
28 and confidentiality, as each may now exist or be hereafter amended.
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1 All records and information concerning any and all persons
2 referred to CONTRACTOR by COUNTY or COUNTY's designee shall be considered and
3 kept confi dent i a 1 by CONTRACTOR, CONTRACTOR's staff. agents, employees and
4 vo 1 unteers. CONTRACTOR sha 11 requi re a 11 of its employees. agents.
5 subcontractors and volunteer staff who may provi de servi ces for CONTRACTOR
6 under thi s Agreement to si gn an agreement wi th CONTRACTOR before commenci ng
7 the provision of any such services. to maintain the confidentiality of any and
8 all materi a 1 sand i nformat i on with whi ch they may come into contact, or the
9 identities or any identifying characteristics or information with respect to
10 any and all participants referred to CONTRACTOR by COUNTY. except as may be
11 requi red to provi de servi ces under thi s Agreement or to those specifi ed in
12 thi s Agreement as havi ng the capaci ty to audi t CONTRACTOR. and as to the
13 1 atter. only duri ng such audit. CONTRACTOR sha 11 comply wi th any audits
14 specified in Paragraph 23. provide reports and any other information required
15 by COUNTY in the administration of this Agreement. and as otherwise permitted
16 by 1 aw.
17 26.2 CONTRACTOR shall inform all of its employees. agents.
18 subcontractors. volunteers and partners of this provision and that any person
19 knowingly and intentionally violating the provisions of said State law may be
20 guilty of a crime.
21 26.3 CONTRACTOR agrees that any and all subcontracts entered into shall
22 be subject to the confidentiality requirements of this Agreement.
23 27. COPYRIGHT ACCESS
24 The Department of Hea lth and Human Servi ces. the Ca 1 iforni a Department
25 of Soci a 1 Servi ces, and COUNTY sha 11 have a roya lty- free, nonexc 1 usi ve and
26 i rrevocab 1 e 1 i cense to pub 1 i sh. trans 1 ate, or use. now and hereafter. all
27 material developed under this Agreement including those covered by copyright.
28 / / /
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1 28. WAIVER
2 No delay or omission by either party hereto to exercise any right or
3 power accruing upon any noncompliance or default by the other party with
4 respect to any of the terms of this Agreement shall impair any such right or
5 power or be construed to be a wai ver thereof. A wai ver by either of the
6 parties hereto of any of the covenants, conditions, or agreements to be
7 performed by the other shall not be construed to be a waiver of any succeeding
8 breach thereof or of any other covenant, condition or agreement herein
9 contained.
10 29. PETTY CASH
11 CONTRACTOR is authorized to establish a petty cash fund in an amount not
12 to exceed two hundred and fifty dollars ($250.00).
13 30. PUBLICITY
14 Information and solicitations. prepared and released by CONTRACTOR.
15 concerni ng the servi ces provi ded under thi s Agreement, sha 11 state that the
16 program. wholly or in part. is funded through COUNTY. State and Federal
17 government funds.
18 31. COUNTY RESPONSIBILITIES
19 ADMINISTRATOR will provide consultation and technical assistance. and
20 will monitor performance of CONTRACTOR in meeting the terms of this Agreement.
21 32. REPORTS
22 CONTRACTOR shall maintain records and submit reports containing such
23 data and information regarding the performance of CONTRACTOR's services. costs
24 or other data relating to this Agreement as may be requested by ADMINISTRATOR.
25 upon a form approved by ADMINISTRATOR. ADMINISTRATOR may modify the
26 provisions of this paragraph upon written notice to CONTRACTOR.
27 33. ENERGY EFFICIENCY STANDARDS
28 CONTRACTOR shall comply with such mandatory standards and policies
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1 relating to energy efficiency as particularized in the State Energy
2 Conservation Plan. (Title 24, California Code of Regulations). as required by
3 the U.S. Energy Policy and Conservation Act (P.L. 94-163) as each may now
4 exist or be hereafter amended.
5 34. ENVIRONMENTAL PROTECTION STANDARDS
6 CONTRACTOR shall be in compliance with Section 306 of the Clean Air Act
7 [42 USC 1857(h)J. Section 508 of the Clean Water Act (33 USC 1368). Executive
8 Order 11738 and Envi ronmenta 1 Protecti on Agency. herei nafter referred to as
9 "EPA". regulations (40 CFR. Part 15) as any may now exist or be hereafter
10 amended. Under these laws and regulations. CONTRACTOR assures that:
11 34.1 No faci 1 i ty to be uti 1 i zed in the performance of the proposed
12 grant has been listed on the EPA List of Violating Facilities;
13 34.2 It will notify COUNTY prior to award, of the receipt of any
14 communication from the Director. Office of Federal Activities. U.S. EPA,
15 indicating that a facility to be utilized for the grant is under consideration
16 to be listed on the EPA List of Violating Facilities;
17 34.3 It will notify COUNTY and the EPA about any known violation of the
18 above laws and regulations.
19 35. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
20 CERTAIN FEDERAL TRANSACTIONS
21 CONTRACTOR shall be in compliance with Section 319 of Public Law 101-121
22 pursuant to 31 U.S.C. 1352 and the guidelines with respect to those provisions
23 set down by the Federal Office of Management and Budget and published in the
24 Federal Register dated December 20. 1989, Volume 54. No. 243, pp. 52306-52332.
25 Under these laws and regulations. it is mutually understood that any contract
26 which utilizes federal monies in excess of $100.000 must contain and
27 CONTRACTOR must comply with the following provisions;
28 A. The definitions and prohibitions contained in the clause at
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1 FAR 52.203-12. Limitation on Payments to Influence Certain Federal
2 Transactions. included in this solicitation. are hereby incorporated by
3 reference in paragraph (B) of this certification.
4 B. The offeror. by signing its offer. hereby certifies to the
5 best of his or her knowledge and belief as of December 23. 1989 that
6 1) No Federal appropri ated funds have been pai d or wi 11
7 be paid to any person for influencing or attempting to influence an officer or
8 emp 1 oyee of any agency. a Member of Congress. an offi cer or employee of
9 Congress. or an employee of a Member of Congress on hi s or her beha If in
10 connection with the awarding of any Federal contract. the making of any
11 Federal grant. the making of any Federal loan. the entering into of any
12 cooperative agreement. and the extension. continuation. renewal. amendment or
13 modification of any Federal contract. grant. loan. or cooperative agreement:
14 2) If any funds other than Federal appropri ated funds
15 (including profit or fee received under a covered Federal transaction) have
16 been paid. or will be paid. to any person for influencing or attempting to
17 i nfl uence an offi cer or employee of any agency. a Member of Congress. an
18 officer or employee of Congress. or an employee of a Member of Congress on his
19 or her behalf in connection with this solicitation. the offeror shall complete
20 and submit. with its offer. OMB standard form LLL. Disclosure of Lobbying
21 Activities. to the Contracting Officer: and
22 3) He or she wi 11 i nc 1 ude the 1 anguage of thi s
23 cert ifi cat ion in a 11 subcontract awards at any ti er and requi re that all
24 reci pi ents of subcontract awards in excess of $100.000 sha 11 certify and
25 disclose accordingly.
26 C. Submission of this certification and disclosure is a
27 prerequisite for making or entering into this contract imposed by Section
28 1352. Ti t 1 e 31. United States Code. Any person who makes an expendi ture
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1 prohibited under this provision or who fails to file or amend the disclosure
2 form to be fil ed or amended by thi s provi si on. sha 11 be subject to a ci vil
3 pen a lty of not 1 ess than $10.000. and not more than $100.000. for each such
4 failure.
5 36. POLITICAL ACTIVITY
6 CONTRACTOR agrees that the funds provi ded herei n sha 11 not be used to
7 promote. directly or indirectly. any political party, political candidate or
8 political activity, except as permitted by law.
9 37. TERMINATION PROVISIONS
10 37.1 ADMINISTRATOR may terminate this Agreement without penalty
11 immediately with cause or after thirty (30) days' written notice without
12 cause. unless otherwise specified. Notice shall be deemed served on the date
13 of mailing. Cause shall be defined as any breach of contract. any
14 misrepresentation or fraud on the part of the CONTRACTOR. Exercise by
15 ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of
16 all further obligation under this Agreement.
17 37.2 Upon termination. or notice thereof. CONTRACTOR agrees to
18 cooperate with ADMINISTRATOR in the orderly transfer of service
19 responsibilities, active case records, and pertinent documents.
20 37.3 The obligations of COUNTY under this Agreement are contingent upon
21 the availability of Federal and/or State funds. as applicable. for the
22 reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds
23 for the services hereunder in the budget approved by the Orange County Board
24 of Supervisors each fiscal year this Agreement remains in effect or operation.
25 In the event that such funding is terminated or reduced, ADMINISTRATOR may
26 immediately terminate this Agreement, reduce COUNTY's maximum obligation. or
27 modify this Agreement. without penalty. The decision of ADMINISTRATOR shall
28 be binding on CONTRACTOR. ADMINISTRATOR shall provide CONTRACTOR with written
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1 notification of such determination. CONTRACTOR shall immediately comply with
2 ADMINISTRATOR's decision.
3 38. GOVERNING LAW AND VENUE
4 This Agreement has been negotiated and executed in the state of
5 California and shall be governed by and construed under the laws of the state
6 of California. In the event of any legal action to enforce or interpret this
7 Agreement. the sole and exclusive venue shall be a court of competent
8 juri sdi cti on located in Orange County. Ca 1 iforni a, and the parti es hereto
9 agree to and do hereby submit to the jurisdiction of such. court,
10 notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties
11 specifically agree to waive any and all rights to request that an action be
12 transferred for trial to another county.
13 39. SIGNATURE IN COUNTERPARTS
14 The parties agree that separate copies of this Agreement may be signed
15 by each of the parties and this Agreement will have the same force and effect
16 as if the original had been signed by all the parties.
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
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WHEREFORE. the parties hereto have executed this Agreement in the County
of Orange. California.
CITY OF SANTA ANA, a municipal
co~porati~(:f t,/-.State of California
By. LtLL J I J~j ""
CITY OF SANTA ANA
CITY MANAGER
David N. Ream
Dated:
~ / & Ie';
I I'
ATTEST:
~/7 -' vi,..
BY~C~tV
CITY OF SANTA ANA
CLERK OF THE COUNCIL
Paticia E. Healy
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
ATTEST:
,J;J{f~ l/ly,~ ~I
DARLENE J. BLOOM
Clerk of the Board of Supervisors
Orange County. California
APPROVED AS TO FORM
COUNTY COUNSEL
COUNTY OF ORANGE. CALIFORNIA
24 By: 1L~y_f" SV4cl!.~-
----lFf DEPUTY
25
26
27
28
Dated: j -/0 - OS
(WSH0605)
By a~TY~
CHAIRMAN OF THE BOARD
OF SUPERVISORS
Dated: J;/;3l,t;
I
r
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: $c C ~
Lisa E. Storck, Assistant City Attorne
W':;J;d
~atricia C. Whitaker, Executive Direct r
Community Development Agency
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1 EXHIBIT A
2 rn
3 AGREEMENT
4 BETWEEN
5 COUNTY OF ORANGE
6 AND
7 CITY OF SANTA ANA
8 FOR THE PROVISION OF WELFARE-TD-WORK EMPLOYMENT SERVICES
9 COMMUNITY SERVICE ACTIVITIES
10
11 1. POPULATION TO BE SERVED
12 1.1 The population to be served consists of CalWORKs Welfare-To-Work
13 (WTW) participants who:
14 1.1.1 Are deemed suitable for this activity by ADMINISTRATOR;
15 1.1.2 Have not found unsubsidized employment sufficient to meet
16 minimum required hours of participation;
17 1.1.3 Continue to meet CalWORKs financial eligibility criteria;
18 and
19 1.1.4 Currently reside within the city limits of Santa Ana.
20 1.2 CONTRACTOR agrees to serve only participants in the CalWORKs WTW
21 Program referred to CONTRACTOR by COUNTY under this Agreement. It is mutually
22 understood that all services are for the purpose of WTW participants achieving
23 self-sufficiency within the CalWORKs time constraints.
24 1.3 CalWORKs participants will be required to participate in Community
25 Service activities for the required 32/35 hours, unless fewer hours of
26 Community Service participation are required by law.
27 2. WORKLOAD STANDARDS
28 2.1 CONTRACTOR's workload goals with respect to Exhibit A to this
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1 Agreement are as follows:
2 2.1.1 Each One-Stop Case Manager sha 11 carry a maximum case load
3 of forty (40) Community Service participants.
4 2.2 CONTRACTOR and ADMINISTRATOR may agree in writing to modify
5 workload goals as set forth in this paragraph.
6 3. SERVICES
7 3.1 CONTRACTOR shall provide WTW participants with Community Service
8 acti viti es necessary to remove barri ers to subsequent employment. These
9 act i vi ti es wi 11 be provi ded to parti ci pants referred by COUNTY to the SANTA
10 ANA Workforce Investment Board (WIB). a division of CONTRACTOR. CONTRACTOR
11 shall cooperate with the California Department of Social Services (CDSS) on
12 the implementation of Community Service activities to the mutual satisfaction
13 of COUNTY and CDSS, and with any and a 11 future requi rements estab 1 i shed by
14 CDSS relating to calculation of required Community Service participation hours
15 for each participant. Removal of barriers to employment shall be accomplished
16 by a variety of methods, including but not limited to the following:
17 3.1.1 Working with participants. the MDT. and educational
18 providers to develop job training and employment related interpersonal skills
19 in one of the following areas identified as growth oriented: meeting an unmet
20 community need: and in high demand for new employees:
21 3.1.1.1 Automation Technician (Data Entry)
22 3.1.1.2 Certified Nurse Assistant
23 3.1.1.3 Child Care Provider (Day Care Center)
24 3.1.1.4 Clerical
25 3.1.1.4.1 General Clerical
26 3.1.1.4.2 Health Services Clerical
27 3.1.1.5 Domestic Care Giver
28 3.1.1. 6 Food Servi ces
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1 3.1.1. 7 Hospi ta 1 i ty
2 3.1.1.8 Protective Services
3 3.1.1.9 Transportation
4 ADMINISTRATOR may, in its sole discretion, revise the
5 career areas identified in this paragraph.
6 3.1.2 CONTRACTOR shall make every attempt to engage participants
7 and involve them in the development of a Community Service Plan that meets
8 their 32/35-hour WTW participation requirement. In formulating that plan,
9 CONTRACTOR shall take into account the part i ci pant's WTW Pl an. COUNTY WTW
10 staff will retain sole responsibility for final development and approval of
11 the participant's Community Service Plan.
12 3.2 COUNTY shall retain any and all rights to require pre-approval by
13 ADMINISTRATOR and/or limit any and all services provided by CONTRACTOR.
14 Services shall be provided in accordance with ADMINISTRATOR's policies and
15 procedures and other instructions provided by ADMINISTRATOR.
16 3.3 ADMINISTRATOR may, in its sole discretion, change the services
17 requi red under Subparagraph 3.1 to ensure full comp 1 i ance with all
18 requirements if the State of California Department of Social Services (CDSS)
19 requi res subsequent changes to the County of Orange Communi ty Servi ce Pl an,
20 changes to Community Service requi rements under the Welfare and Institutions
21 Code, CDSS regulations or Manual of Policies and Procedures.
22 4. ADDITIONAL CONTRACTOR RESPONSIBILITIES
23 4.1 Welfare Fraud:
24 4.1.1 If welfare eligibility of support services payment fraud
25 is suspected of the participant, CONTRACTOR shall report the suspected fraud
26 to COUNTY or COUNTY's contracted CalWORKs WTW Case Manager.
27 4.1. 2 If servi ce provi der fraud is suspected, CONTRACTOR sha 11
28 report, in writing, the suspected fraud to ADMINISTRATOR.
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1 4.2 Complaint Response:
2 4.2.1 CONTRACTOR shall develop. operate, and maintain procedures
3 for recei vi ng. i nvesti gati ng. and respondi ng to servi ce provi der and
4 participant complaints, including Civil Rights complaints. CONTRACTOR shall
5 provide ADMINISTRATOR, in a form approved by ADMINISTRATOR. information
6 pertaining to such complaints within two (2) business days of the complaint.
7 4.3 Outside Contacts:
8 4.3.1 CONTRACTOR sha 11 i mmedi ate ly inform COUNTY' s WTW Program
9 Manager, or a designee, of any inquiries from elected officials, their
10 representatives. participant advocates. or the press. and immediately provide
11 information permitting ADMINISTRATOR to respond.
12 4.3.2 CONTRACTOR sha 11 consult wi th COUNTY's WTW Program
13 Manager, or a designee, prior to initiating contact with elected officials,
14 their representatives. participants advocates of the press.
15 4.4 Utilizing Electronic Data Systems (EDS):
16 4.4.1 CONTRACTOR sha 11 use COUNTY provi ded EDS to recei ve
17 referra 1 s and to record data regardi ng servi ces provi ded. COUNTY sha 11
18 provide a designated number of CONTRACTOR's personnel with sufficient training
19 necessary to operate the equipment, track cases. generate requi red reports,
20 etc. CONTRACTOR, in turn. shall provide this training to any subcontractors
21 that will have on-line access to EDS. COUNTY shall provide and maintain the
22 necessary data processing equipment, including personal computers. CONTRACTOR
23 shall provide a secure location for such equipment.
24 4.4.2 CONTRACTOR sha 11 ensure that its personnel understand the
25 uses of EDS and follow EDS procedure.
26 5. FORMS
27 5.1 ADMINISTRATOR shall provide CONTRACTOR with a camera-ready copy of
28 a 11 mandated forms. CONTRACTOR sha 11 dup 1 i cate and di stri bute the forms to
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1 subcontractors as needed.
2
3
4
5
6
6.
F AC I L ITI ES
6.1 Services under this Agreement shall be provided at:
Santa Ana WORK Center
1000 E. Santa Ana Blvd.
Santa Ana. CA 92701
6.2 CONTRACTOR and ADMINISTRATOR may agree in writing to add. change.
7 modify. or delete facility location(s) as necessary to best serve the needs
8 of participants and ADMINISTRATOR.
9
10
7.
CASE RECORDS
7.1 CONTRACTOR shall maintain a current and complete electronic case
11 record for each participant referred. CONTRACTOR shall also maintain a hard
12 copy case record as well. The contents of the hard copy case records will be
13 in a format approved by ADMINISTRATOR and will be uniform among subcontractors
14 and other educational providers.
15
7.2 Such i nformat ion sha 11 be treated as confi dent i a 1 and released
16 only to ADMINISTRATOR as required or to others upon the written approval of
17 ADMINISTRATOR.
18
7.3 CONTRACTOR shall obtain. and maintain in the case record. a
19 written release from the participant that indicates informed consent and
20 authorizes the exchange of confidential information among CONTRACTOR. MDT, and
21 subcontractors or other educati ona 1 provi ders. The written release shall be
22 on a form approved by ADMINISTRATOR . All subcontractors shall treat all
23 confidential information in the same manner as CONTRACTOR. and in adherence to
24 the terms of this Agreement.
25
26
8.
REPORTS
8.1 CONTRACTOR shall prepare and submit to ADMINISTRATOR's designated
27 staff written reports. including, but not limited to:
28
8.1.1 Number of new cases referred each month:
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8.1. 2 Number of parti ci pants who attended c 1 asses/recei ved
services each month. by service type and provider:
8.1.3 Number of cases closed each month;
8.1.4 Number of cases pending at the end of each month:
8.1.5 Number of cases completing training; and
8.1.6 Number of cases obtaining unsubsidized employment.
8.2 All reports shall be prepared in a format approved by
ADMINISTRATOR.
8.3 ADMINISTRATOR may. in it's sole discretion. add. delete. modify or
waive individual reporting requirements as stated in this Paragraph.
9. PERFORMANCE REVIEW
9.1 ADMINISTRATOR may use
CONTRACTOR's performance including.
9.1.1 Random samp 1 i ng
of case files;
a variety of methods to evaluate
but not limited to:
of program activities including a review
9.1.2 Activity checklists and random observations;
9.1.3 Inspection of output items on a periodic basis as deemed
necessary:
9.1.4 Management Information Systems (MIS) reported results;
9.1.5 WTW participant complaints and/or WTW participant
questionnaires: and
9.1.6 Subcontractor complaints or reports.
9.2 ADMINISTRATOR may requi re CONTRACTOR to provi de offi ce space for
designated ADMINISTRATOR staff assigned to conduct performance reviews.
9.3 In the event that CONTRACTOR performs servi ces unsati sfactori ly.
ADMINISTRATOR may require a corrective plan. CONTRACTOR shall comply with any
such corrective action plan within the time specified by ADMINISTRATOR.
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1 10. STAFF TRAINING
2
10.1 ADMINISTRATOR shall provide CONTRACTOR with written program
3 requi rements, i nc 1 udi ng pol i ci es and genera 1 procedures, as requi rements are
4 revised or new policies are developed.
5 10.2 ADMINISTRATOR staff will provide initial training to a designated
6 number of CONTRACTOR's staff with respect to CalWORKs regulations.
7 ADMINISTRATOR's pol i ci es and procedures, and use of the EDS. Subsequent
8 training must be conducted by CONTRACTOR.
9 10.3 CONTRACTOR shall ensure that its staff receives training to
10 understand cultural differences among groups of participants, and to
11 effectively recognize and intervene to overcome any language and/or cultural
12 barriers to employment that may be evident.
13 10.4 CONTRACTOR shall designate a staff person to maintain a log of in-
14 house training activities and participants.
15 11. HOURS OF OPERATION
16 11.1 At a mi ni mum. CONTRACTOR sha 11 ma i ntai n bus i ness hours of Monday
17 through Friday from the hours of 8:00 a.m. to 5:00 p.m. (COUNTY holidays
18 excluded) as well as scheduled evening and weekend hours to best meet the
19 needs of participants and their families.
20 12. BUDGET FOR PROVISION OF COMMUNITY SERVICE ACTIVITIES
21
22
23
24
25
26
27
12.1 The budget for services provided pursuant to Exhibit A of this
Agreement is set forth as
fo 11 ows :
Max. Hrly
Wage(\)
$ 26.13
27.08
FY05-06 Cost
$ 54,365
1. 820
56.185
15.669
$ 71,854
FTE (2)
1. 00
0.03
Salaries and Benefits
Case Manager
Fiscal Specialist
Subtotal
Salaries
Benefi ts(3)
Total Salaries and Benefits
28 Expenses
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800
1,000
5.257
7,057
78.911
term of thi s
Telecommunications
User Fee
Indirect Costs
Subtotal Expenses $
Maximum County Obligation $
(l)Maximum hourly rate which wi 11 be permitted during the
Agreement; employees may be paid at less than maximum rate.
(Z)For hourly employees. Full-Time Equivalent (FTE) is defined as the
amount of time (stated as a percentage) the position will be providing
servi ces under the terms of thi s Agreement. Thi s percentage is based upon a
40-hour work week. For salaried employees, Full-Time Equivalent (FTE) is
defined as the amount of time (stated as a percentage) the position will be
paid for under the terms of this Agreement. regardless of the number of hours
actua lly worked,
(3'Medi ca 1 ,long term di sabil i ty , reti rement, pens i on, emp 1 oyee
assistance, FICA. SUI, Worker's Compensation and vacation accrual.
12.2 CONTRACTOR and ADMINISTRATOR may agree in writing to add, delete
or otherwise modify individual line items and/or amounts and/or the number and
type of FTE positions without changing COUNTY's maximum obligation under this
Agreement.
13. STAFF
CONTRACTOR. through the WIS. shall be responsible for providing
competent staff to fulfi 11 the terms of thi s Agreement. Contractor shall
provide an adequate number of bilingual staff as needed to provide services.
All CONTRACTOR's staff shall be able to read, write. speak and understand
English. CONTRACTOR shall provide the following described staff positions:
13.1 Case Manager
13.1.1 Duties:
career goals.
13.1.1,1 Assist participants in defining and pursuing
Assess. advise and direct participants on job search
26 techni ques . Prepare wri tten reports on placement efforts, educati on and
27 worksite contact. and program effectiveness.
28
13.1.2 Qualifications:
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1 13.1.2.1 Knowledge of problems participants have seeking
2 employment. various alternative programs. and program effectiveness.
3 13.1.2.2 Ability to communicate effectively with
4 participants and employers; follow up leads on own initiative. match
5 participant capabilities with placement opportunities. and direct participants
6 to the most appropri ate placement; estab 1 i sh and mai ntai n effective working
7 relationships with employers and worksite supervisors. participants. other
8 City employees and the general public.
9 13.2 Fiscal Specialist
10 13.2.1 Out i es ;
11 13.2.1.1 Authori ze payments of i nvoi ces ; enter and
12 maintain payroll records; prepare contracts for all programs; monitor program
13 operators for fiscal compliance.
14 13.2.2 Qualifications:
15 13.2.2.1 Minimum of one (1) year experience in
16 accounting. budgeting or monitoringlanalyzing funding programs. and graduation
17 from an accredited four-year college or university with a degree in
18
19
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22
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accounting. finance. business administration. or related field.
III
III
III
III
III
III
III
III
III
III
(WSH060S) 9 of 9 (March 7. 2005)
, " I
1 EXHIBIT B
2 rn
3 AGREEMENT
4 BETWEEN
5 COUNTY OF ORANGE
6 AND
7 CITY OF SANTA ANA
8 FOR THE PROVISION OF WELFARE-To-WoRK EMPLOYMENT SERVICES
9 WORK EXPERIENCE ACTIVITIES
10
11 1. POPULATION TO BE SERVED
12 1.1 The population to be served consists of CalWoRKs Welfare-To-Work
13 (WTW) participants who:
14 1.1.1 Are deemed suitable for this activity by ADMINISTRATOR:
15 1.1.2 Have not found unsubsidized employment sufficient to meet
16 minimum required hours of participation;
17 1.1. 3 Continue to meet Ca 1 WORKs fi nanci ale 1 i gi bil i ty criteri a;
18 and
19 1.1.4 Currently reside within the city limits of Santa Ana.
20 1.2 CONTRACTOR agrees to serve only participants in the WTW Program
21 referred to CONTRACTOR by COUNTY under this Agreement. It is mutually
22 understood that all services are for the purpose of WTW participants achieving
23 self-sufficiency within the CalWoRKs time constraints.
24 1.3 CalWoRKs participants will be required to participate in Work
25 Experience activities for the required 32/35 hours. unless fewer hours of WTW
26 participation are required by law.
27 2. WORKLOAD STANDARDS
28 2.1 CONTRACTOR' s workload goa 1 s wi th respect to Exhi bi t B to thi s
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1 Agreement are as follows:
2 2.1.1 Each Case Manager sha 11 moni tor a maxi mum of forty (40)
3 Work Experience (WEX) participants.
4 2.2 CONTRACTOR and ADMINISTRATOR may agree in writing to modify
5 workload goals as set forth in this paragraph.
6 3. SERVICES
7 3.1 CONTRACTOR shall provide WTW participants with WEX activities
8 necessary to remove barriers to subsequent employment. These activities will
9 be provided to participants referred by COUNTY to the SANTA ANA Workforce
10 Investment Board (WIB), a division of CONTRACTOR. CONTRACTOR shall cooperate
11 with the California Department of Social Services (CDSS) on the implementation
12 of WEX activities to the mutual satisfaction of COUNTY and CDSS. and with any
13 and all future requirements established by CDSS relating to calculation of
14 required WTW participation hours for each participant. Removal of barriers to
15 employment shall be accomplished by a variety of methods.
16 3.1.1 CONTRACTOR shall make every attempt to engage participants
17 and involve them in the development of a WEX activity that meets their 32/35-
18 hour WTW participation requirement. COUNTY WTW staff will retain sole
19 respons i bi 1 i ty for fi na 1 development and approva 1 of the part i ci pant's WTW
20 Plan.
21 3.2 COUNTY shall retain any and all rights to require pre-approval by
22 ADMINISTRATOR and/or limit any and all services provided by CONTRACTOR.
23 Services shall be provided in accordance with ADMINISTRATOR's policies and
24 procedures and other instructions provided by ADMINISTRATOR.
25 3.3 ADMINISTRATOR may, in its sole discretion. change the services
26 required under Subparagraph 3.1 to ensure full compliance with all
27 requirements if the State of California Department of Social Services (CDSS)
28 requires subsequent changes to the County of Orange CalWORKs Plan, changes to
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1 WTW requirements under the Welfare and Institutions Code. CDSS regulations or
2 Manual of Policies and Procedures.
3 4. ADDITIONAL CONTRACTOR RESPONSIBILITIES
4 4.1 Welfare Fraud:
5 4.1.1 If welfare eligibility of support services payment fraud
6 is suspected of the participant. CONTRACTOR shall report the suspected fraud
7 to COUNTY or COUNTY's contracted CalWORKs WTW Case Manager.
8 4.1. 2 If servi ce provi der fraud is suspected. CONTRACTOR sha 11
9 report. in writing. the suspected fraud to ADMINISTRATOR.
10 4.2 Complaint Response:
11 4.2.1 Contractor shall develop. operate, and maintain procedures
12 for receiving. investigating. and responding to service provider and
13 participant complaints, including Civil Rights complaints. CONTRACTOR shall
14 provide ADMINISTRATOR. in a format approved by ADMINISTRATOR, information
15 pertaining to such complaints within two (2) business days of the complaint.
16 4.3 Outs i de Contacts:
17 4.3.1 CONTRACTOR shall immediately inform COUNTY's WTW Program
18 Manager. or a designee. of any inquiries from elected officials. their
19 representatives. participant advocates. or the press. and immediately provide
20 information permitting ADMINISTRATOR to respond.
21 4.3.2 CONTRACTOR shall consult with COUNTY's WTW Program
22 Manager. or a designee, prior to initiating contact with elected officials.
23 their representatives. participants advocates of the press.
24 4.4 Utilizing Electronic Data Systems (EDS):
25 4.4.1 CONTRACTOR sha 11 use COUNTY provi ded EDS to recei ve
26 referra 1 s and to record data regardi ng servi ces provi ded. COUNTY shall
27 provide a designated number of CONTRACTOR's personnel with sufficient training
28 necessary to operate the equipment. track cases. generate requi red reports.
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1 etc. CONTRACTOR. in turn. sha 11 provi de thi s trai ni ng to any subcontractors
2 that will have on-line access to EDS. COUNTY shall provide and maintain the
3 necessary data processing equipment. including personal computers. CONTRACTOR
4 shall provide a secure location for such equipment.
5 4.4.2 CONTRACTOR sha 11 ensure that its personnel understand the
6 uses of EDS and follow EDS procedure.
7
5.
FORMS
8 5.1 ADMINISTRATOR shall provide CONTRACTOR with a camera-ready copy of
9 a 11 mandated forms. CONTRACTOR shall dup 1 i cate and di stri bute the forms to
10 subcontractors as needed.
6.
F AC I L HI ES
6.1 Services under this Agreement shall be provided at:
Santa Ana WORK Center
1000 E. Santa Ana Blvd.
Santa Ana. CA 92701
6.2 CONTRACTOR and ADMINISTRATOR may agree in writing to add. change.
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16 modify. or delete facil ity 1 ocat i on(s) as necessary to best serve the needs
17 of participants and ADMINISTRATOR.
18 7. CASE RECORDS
19 7.1 CONTRACTOR shall update the electronic case record and meet data
20 entry requi rements for the record of each partici pant referred. CONTRACTOR
21 shall also maintain a hard copy case record as well. The contents of the hard
22 copy case records wi 11 be in a format approved by ADMINISTRATOR and wi 11 be
23 uniform among subcontractors and other educational providers.
24 7.2 Such information shall be treated as confidential and released
25 only to ADMINISTRATOR as required or to others upon the written approval of
26 ADMINISTRATOR.
27 7.3 CONTRACTOR sha 11 obta in. and ma i ntai n in the case record. a
28 wri tten release from the parti ci pant that i ndi cates informed consent and
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authorizes the exchange of confidential information among CONTRACTOR, MDT, and
subcontractors or other educational providers. The written release shall be
on a form approved by ADMINISTRATOR. A 11 subcontractors shall treat all
confidential information in the same manner as CONTRACTOR. and in adherence to
the terms of this Agreement.
REPORTS
8.1 CONTRACTOR shall prepare and submit to ADMINISTRATOR's designated
staff written reports. including, but not limited to:
8.1.1 Number of new cases referred each month;
8.1. 2 Number of parti ci pants who recei ved servi ces each month,
by service type and provider:
8.1.3 Number of cases closed each month;
8.1.4 Number of cases pending at the end of each month;
8.1.5 Number of cases completing training; and
8.1.6 Number of cases obtaining unsubsidized employment.
8.2 A 11 reports shall be prepared in a format approved by
ADMINISTRATOR.
8.3 ADMINISTRATOR may, in it's sole discretion. add, delete, modify or
waive individual reporting requirements as stated in this Paragraph.
9. PERFORMANCE REVIEW
9.1 ADMINISTRATOR may use
CONTRACTOR's performance including,
9.1.1 Random samp 1 i ng
of case files;
8.
a variety of methods to evaluate
but not limited to:
of program activities including a review
9.1.2 Activity checklists and random observations;
9.1.3 Inspection of output items on a periodic basis as deemed
necessary;
9.1.4 Management Information Systems (MIS) reported results;
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1 9.1.5 WTW participant complaints and/or WTW participant
2 questionnaires; and
3 9.1.6 Subcontractor complaints or reports.
4 9.2 ADMINISTRATOR may requi re CONTRACTOR to provide office space for
5 designated ADMINISTRATOR staff assigned to conduct performance reviews.
6 9.3 In the event that CONTRACTOR performs servi ces unsati sfactori ly .
7 ADMINISTRATOR may require a corrective plan. CONTRACTOR shall comply with any
8 such corrective action plan within the time specified by ADMINISTRATOR
9 10. STAFF TRAINING
10 10.1 COUNTY shall provide CONTRACTOR with written program requirements.
11 including policies and general procedures. as requirements are revised or new
12 policies are developed.
13 10.2 COUNTY staff will provide initial training to a designated number
14 of CONTRACTOR's staff with respect to CalWORKs regulations, ADMINISTRATOR's
15 po 1 i ci es and procedures, and use of the EDS. Subsequent trai ni ng must be
16 conducted by CONTRACTOR.
17 10.3 CONTRACTOR shall ensure that its staff receives training to
18 understand cultural di fferences among groups of parti ci pants, and to
19 effecti ve ly recogni ze and intervene to overcome any 1 anguage and/or cultura 1
20 barriers to employment that may be evident.
21 10.4 CONTRACTOR shall designate a staff person to maintain a log of in-
22 house training activities and participants.
23 11. HOURS OF OPERATION
24 11.1 At a minimum, CONTRACTOR shall maintain business hours of Monday
25 through Friday from the hours of 8:00 a.m. to 5;00 p.m. (COUNTY holidays
26 exc 1 uded) as well as schedul ed eveni ng and weekend hours to best meet the
27 needs of participants and their families.
28 / / /
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1 12. BUDGET FOR PROVISION OF WORK EXPERIENCE ACTIVITIES
2 The budget for services provided pursuant to Exhibit B of this Agreement
3 is set forth as follows:
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Salaries and Benefits
Intake Specialist
Receptionist
Case Manager
Job Developer
Fiscal Specialist
Workforce Specialist IV
Subtotal Salaries
Benefi ts (3l
Subtotal Salaries and Benefits
Operations
Communications
User Fee
Office Supplies
Equipment Rental
Office Operations
Indirect Costs
Subtotal Operations
Participant Costs
Wages
Support Services
Transportation
Subtotal Participant Costs
Max. Hrly.
Wage(!)
$ 24.94
25.97
31. 39
32.77
34.33
41. 48
FTe2l
0.15
0.10
1. 00
0.50
0.10
0.10
FY05-06 Cost
$ 7.781
5.402
65.294
34.080
7.140
8.627
128.324
21,383
$ 149,707
$
999
8.000
2.900
800
800
13.936
27,435
$
217.088
5.000
19.530
241.618
Maximum County Obligation $ 418.760
(!)Maximum hourly rate which will be permitted during the term of this
Agreement; employees may be paid at less than maximum rate.
(2lFor hourly employees. Full-Time Equivalent (FTE) is defined as the
amount of time (stated as a percentage) the position will be providing
servi ces under the terms of thi s Agreement. Thi s percentage is based upon a
40-hour work week. For salaried employees. Full-Time Equivalent (FTE) is
defined as the amount of time (stated as a percentage) the position will be
paid for under the terms of this Agreement. regardless of the number of hours
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actually worked.
(3)Medi ca 1 .
assistance. FICA,
long term disability. retirement, pension.
SUI. Worker's Compensation and vacation accrual.
employee
3 12.1 CONTRACTOR and ADMINISTRATOR may agree in writing to add, delete
4 or otherwise modify individual line items and/or amounts and/or the number and
5 type of FTE positions without changing COUNTY's maximum obligation under this
6 Agreement.
7 13. STAFF
8
CONTRACTOR. through the WIB. shall be responsible for providing
9 competent staff to fulfill the terms of thi s Agreement. Contractor shall
10 provide an adequate number of bilingual staff as needed to provide services.
11 A 11 CONTRACTOR's staff shall be able to read. write, speak and understand
12 English. CONTRACTOR shall provide the following described staff positions:
13 13.1 Intake Specialist
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15
13.1.1 Duties:
13.1.1.1 Assist technical and professional staff who
16 administer various federally funded workforce development and training
17 programs. Coordi nate appoi ntments to meet with c 1 i ents for techni ci ans and
18 case managers. Contact cl ients after placement to determine status, and
19
monitors performance.
Assist with coordination of training and special
20 events. which includes locating training sites. notifying participants and
21 making any necessary special arrangements. Maintain database and information
22 pertaining to workforce development activities and generates reports as
23 required.
24 13.1. 2 Qua 1 ifi cat ions:
25
13.1.2.1 One year of work experience involving
26 substantial public contact, in personnel. human services. or workforce
27 development programs.
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13.1.2.2 Knowledge of workforce development training
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1 programs. pertinent regulations. and documentation requirements: interviewing
2 methods used to obtain information from and about participants: computer
3 applications and relevant software programs: local community resources and
4 services having programs designed to assist unemployed individuals.
5 13.2 Receptionist
6 13.2.1 Duties:
7 13.2.1.1 Receive a large volume of visitors and telephone
8 ca 11 s. determi nes nature of busi ness . di rects ca 11 ers to appropri ate
9 destinations. and takes messages. Answers routine questions related to the
10 department. Represents the department on initial contact with the public.
11 13.2.1.2 Compiles. tabulates and assists in the
12 preparation of routine reports. Assists staff in assembling mailings. Keeps
13 records.
14 13.2.2 Qua 1 Hi cat ions:
15 13.2.2.1 Knowledge of business English and arithmetic:
16 general office practices and procedures: proper telephone etiquette.
17 13.2.2.2 Ability to follow oral and written instructions:
18 1 earn departmenta 1 functi ons. acti vi ties. organi zat i ona 1 structure and names
19 of key personnel within a short period of time: handle a large volume of
20 incoming calls and visitors promptly. tactfully and equitably: write legibly
21 and use correct grammar: maintain effective working relationships with other
22 employees and the general public.
23 13.3 Case Manager
24 13.3.1 Duties:
25 13.3.1.1 Assist participants in defining and pursuing
26 career goals. Assess, advise and direct participants on job search
27 techni ques. Prepare written reports on placement efforts. educati on and
28 worksite contact, and program effectiveness.
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1 13.3.2 Qualifications:
2 13.3.2.1 Knowledge of problems participants have seeking
3 employment. various alternative programs. and program effectiveness.
4 13.3.2.2 Ability to communicate effectively with
5 participants and employers; follow up leads on own initiative. match
6 participant capabilities with placement opportunities. and direct participants
7 to the most appropriate placement: establish and maintain effective working
8 re 1 ati onshi ps wi th employers and worksi te supervi sors. parti ci pants. other
9 City employees and the general public.
10 13.4 Job Developer
11 13.4.1 Duties:
12 13.4.1.1 Markets services to employers and to job-
13 seekers: maintains contacts within the business community to provide employers
14 with qualified candidates and to become partners in employers' business
15 growth.
16 13.4.1. 2 Collects and compi 1 es data: generates deta il ed
17 technical reports.
18 13.4.2 Qua 1 ifi cat ions:
19 13.4.2.1 One year of progressively responsible workforce
20 development program experience. College level coursework in related subjects
21 may be used in combination with experience to meet the necessary
22 qualifications.
23 13.4.2.2 Knowledge of state and federal regulations
24 pertaining to workforce development programs. including Welfare-To-Work:
25 pub 1 i c and pri vate agenci es provi di ng resources to ass i st wi th workforce
26 development: community outreach and program marketing.
27 13.5 Fiscal Specialist
28 13.5.1 Duties:
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1 13.5.1.1 Authori ze payments of i nvoi ces; enter and
2 maintain payroll records; prepare contracts for all programs; monitor program
3 operators for fiscal compliance.
4 13.5.2 Qua 1 ifi cat ions:
5 13.5.2.1 Minimum of one 0) year experience in
6 accounting. budgeting or monitoring/analyzing funding programs. and graduation
7 from an accredited four-year college or university with a degree in
8 accounting. finance. business administration. or related field.
9 13.6 Workforce Specialist IV
10 13.6.1 Duties;
11 13.6.1.1 Under direction. assists in the planning.
12 development and implementation of workforce development programs. including
13 Welfare-To-Work: staffs Workforce Investment Board; supervises. trains. and
14 evaluates assigned staff; directs day-to-day operations of assigned section to
15 ensure achievement of Workforce Investment Act and Welfare-To-Work goals.
16 13.6.2 Qualifications:
17 13.6.2.1 Three years of progressively responsible
18 workforce development program experience. including one year in a supervisor
19 or lead capacity. College level coursework in related subjects may be used in
20 combination with experience to meet the necessary qualifications.
21 13.6.2.2 Knowledge of objectives. practices and
22 procedures and state and federa 1 regul at ions perta i ni ng to workforce
23 development programs. including Welfare-To-Work; employment markets and
24 trends; public and private agencies providing resources to assist with
25 workforce development; principles and practices of marketing. public relations
26 and strategi es for community outreach; pri nci p 1 es and practices of contract
27 implementation and monitoring; methods of data collection and analysis;
28 budgeting methods and processes; principles and practices of supervision.
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