HomeMy WebLinkAboutORANGE, COUNTY SOCIAL SERVICES AGENCY Date: 1
Revised:10-18-16
City of Santa Ana
t Clerk of the Council COTc Office use only
AGREEMENT TERMINATION FORM t119 NI 17 ( r 75
Please complete this form in its entirety when the attached agreement and all OSP TA
amendments (if any) are no longer in effect.
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Note: If your agreement is grant related,please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
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Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with 0C- Soc,ic-` Send: tea Age., ,
No. A 2 01- - l Ste was completed on Co I 30`2a10and final payment has been made.
(List all amendments. Use space below if needed.)
Department: C b Of (W o2.tC- Cent
Phone/Ext.: X Zlf+2-Q[
Signature: or-(os de tc l�uo,
Date: 7 -- ILA - 201i
Revised:10-18-16
INSU~CE NOT REQUIRED
RK MAY PROCEED
DArt: ~L~~~rCOUNCIL
A-2007-136
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8 THIS AGREEMENT. entered into this 1st day of July. 2007. which date is
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF WElFARE-TO-WORK EMPLOYMENT SERVrCES
9 particularized for purpose of reference only. is by and between the COUNTY OF
10 ORANGE. herei nafter referred to as "COUNTY." and erTY OF SANTA ANA, a Ca 1 iforni a
11 municipality. hereinafter referred to as "CONTRACTOR." This Agreement shall be
12 admi ni stered by the County of Orange Soci a 1 Servi ces Agency Di rector or hi s
J3 designee. hereinafter referred to as "ADMINISTRATOR."
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WIT N E SSE T H:
17 WHEREAS. COUNTY desires to contract with CONTRACTOR for the provision of
18 Welfare-To-Work employment services: and
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20 WHEREAS. CONTRACTOR agrees to render such services on the terms and
21 conditions hereinafter set forth;
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23 WHEREAS. such contl'acts are authorized and provided for pursuant to
24 California Welfare and rnstitutions Code Section 11200 et seq.. also known as
25 the California Work Opportunities and Responsibility to Kids (CalWORKs) Act of
26 1997:
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NOW. THEREFORE. IT rs MUTUAllY AGREED AS FOllOWS:
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TABLE OF CONTENTS
Page
1. TERM ................................................................. . 4
2. ALTERATION OF TERPIS .................................................. . 4
3. STATUS OF CONTRACTOR ................................................. . 4
4. DEFINITIONS :......................................................... . 5
5. DESCRIPTION OF SERVICES, STAFFING .................................. . . 8
6. LICEPlSES AND STANDARDS ............................................... . 8
7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS ............................ 9
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE........... 11
9. USE DF COUNTY PROPERTY ........................................ ...... 13
10. NON-DISCRIMINATION ................................................... 14
11. NOTICES .............................................................. 17
12. INDEMNIFICATION AND INSURANCE ......................... .............. 17
13. CONFLICT OF INTEREST ................................................ 22
14. ANTI-PROSELYTISM PROVISION ........................................... 22
15. SUPPLANTING GOVERNMENT FUNDS ...................................:...... 22
16. EQUIPMENT ............................................................ 23
17 BREACH SANCTIONS ..................................................... 25
18. PAYMENTS ............................................................. 26
19. OVERPAYMENTS ......................................................... 27
20. REVENUE .............................................................. 28
21. PROGRAM INCOME ....................................................... 28
22. FINAL REPORT ......................................................... 29
23. INDEPENDENT AUDIT .................................................... 29
24. RECORDS. INSPECTIONS AND AUDITS ...................................... 30
25. PERSONNEL DISCLOSURE ................................................. 32
26. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING ...................... 33
27. CONFIDENTIALITY ...................................................... 34
28. COPYRIGHT ACCESS ..................................................... 35
29. WAIVER ............................................................... 35
30. PETTY CASH ........................................................... 35
31. PUBLICITY ............................................................ 35
32. COUNTY RESPOP~SIBILITIES ......... .................................... 35
33. REPORTS .............................................................. 36
34. ENERGY EFFICIENCY STANDARDS .......................................... 36
35. ENVIRONMENTAL PROTECTION STANDARDS ................................... 36
36. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS ................................................. 37
37. POLITICAL ACTIVITY ................................................... 38
38. TERMINATION PROVISIONS ............................................... 38
39. GOVERNING LAW AND VENUE .............................................. 39
40. SIGNATURE IN COUNTERPARTS ............................................ 39
Exhi bit A
1. POPULATION TO BE SERVED .............................................. . 1
2. WORKLOAD STANDARDS ................................................... . 1
3 SERVICES ............................................................. . 1
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4. ADDITIONAL CONTRACTOR RESPONSIBILITIES ............................... . 3
5. FORMS ................................................................ . 4
6. FACILITIES ........................................................... . 4
7. CASE RECORDS ......................................................... . 5
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8. REPORTS ............................................................... 5
9. PERFORMANCE REVIEW .................................................... 6
10. STAFF TRAINING ........................................................ 6
11. HOURS OF OPERATION .................................................... 7
12. BUDGET FOR PROVISION OF ON-THE-JOB TRAINING, WORK EXPERIENCE AND
VOCATIONAL TRAINING ................................................... 7
13. STAFF ................................................................ 10
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1. TERM
The term of this Agreement shall commence on July 1, 2007, and terminate
on June 30, 2010, unless earlier terminated pursuant to the provisions of
Paragraph 38 of this Agreement; however. CONTRACTOR shall be obligated to
perform such duties as would normally extend beyond this term, including but
not limited to obligations with respect to indemnification. audits. reporting
and accounting. CONTRACTOR and ADMINISTRATOR may mutually agree in writing to
extend the term of this Agreement, for up to an additional twelve (12) months
upon the same terms and conditions. provided that COUNTY'S maximum obligation
as stated in Subparagraph 18.1 of this Agreement does not increase as a
result.
2. ALTERATION OF TERMS
This Agreement, including any Exhibit(s) attached hereto and
incorporated by reference, fully expresses all understandings of the parties
and is the total Agreement between the parties as to the subject matter of
this Agreement. No addition to, or alteration of, the terms of this
Agreement, whether written or verbal, by the parties, their officers, agents,
or employees, shall be valid unless made in the form of a written amendment to
this Agreement which is formally approved and executed by both parties.
3. STATUS OF CONTRACTOR
CONTRACTOR is and shall at all times be deemed to be, an independent
contractor and shall be wholly responsible for the manner in which it performs
the services required of it by the terms of this Agreement. Nothing herein
contained shall be construed as creating the relationship of employer and
employee, or principal and agent, between COUNTY and CONTRACTOR or any of
CONTRACTOR'S agents or employees. CONTRACTOR assumes exclusively the
responsibility for the acts of its employees or agents as they relate to
services to be provided during the course and scope of their employment.
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CONTRACTOR, its agents, employees and volunteers, shall not be entitled
to any rights and/or privileges of COUNTY employees, and shall not be
considered in any manner to be COUNTY employees,
4. DEFINITIONS
4.1 Barriers to Employment: Circumstances which interfere with
Welfare-To-Work (WTW) participation, employment, or job search.
4.2 CaIWORKs: The acronym for the California Work Opportunity and
Responsibility to Kids Act of 1997, as described in Section 11200 et. seq. of
the Welfare and Institutions Code.
4.3 Computer Information Systems (CIS): COUNTY provided Computer
Information Systems through which participant referrals are received by
CONTRACTOR regarding services provided to participants.
4.4 Management Information System (MIS): CaIWIN or a data collecting
mechanism for our agency to track our client's involvement in our programs.
4.5 Multi-disciplinary Team (MDT): A partnership team including but
not limited to staff from Welfare-To-Work, Behavioral Health Services,
Domestic Abuse Services, Health Care Agency. One Stop Centers, Employment
Support, Job Services and Vocational Assessment counselors. The purpose of
this team is to assist the participant to identify and address issues that
have prevented the participant from being successful and work towards the
program goal of self-sufficiency. The MDT will be bound by the informed
consent requirements specified in Exhibits "A" Paragraph 7.3.
4.6 On-the-Job Training: A Welfare-To-Work training activity that is
performed in the public or private sector that is given to a paid employee
while he or she is engaged in productive work that provides knowledge and
skills essential to the full and adequate performance of the job. Training
participants shall be monitored daily and lack of participation shall be
communicated to the County immediately.
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4.7 One-Stop Centers: Employment-based facilities integrating COUNTY
and One-Stop Partners into a single comprehensive center providing a mix of
core, intensive, and training services to businesses seeking employees and
participants seeking jobs under various federal and state funding programs.
The centers have been established statewide, pursuani to the federal Workforce
Investment Act of 1998, to implement a collaborative system of employment
training and education programs and services in support of California"s
economic development.
4.8 One-Stop Partner: One of the entities responsible for conducting
the day-to-day activities associated with the delivery of workforce
development services to employers and job seeking customers, including daily
management, supervision, and coordination of staff physically co-located at
the Santa Ana Workforce Center.
4.9 Participant: A recipient of CaIWORKs and financial assistance
benefits who has voluntarily enrolled or is required to participate in the
program pursuant to state regulations.
4.10 Supportive Services: Payments provided to or on behalf of WTW
participants for child care, transportation and ancillary expense costs.
4.11 Vocational Training: A Welfare-To-Work training activity that is
temporary and transitiona], which includes organized educational programs that
are directly related to preparing individuals for employment in current or
emerging occupations. This activity shall include programs that prepare
participants far a specific trade, occupation, or vocation. The activity will
not exceed a 12-month limit per participant referred. Training participants
shall be monitored daily and lack of participation shall be communicated to
the County immediately.
4.12 Welfare-To-Work (WTW): A mandated program under CaIWORKs which
requires parents or caretakers in families on welfare, unless exempted. to
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meet work requirements by participating in Welfare-To-Work activities with a
goal of unsubsidized employment leading to self-sufficiency.
4.13 Work Experience (WEX): Work performed in return for CaIWORKs
assistance, which provides an individual with an opportunity to acquire the
general skills, training, knowledge, and work habits necessary to obtain
employment. It is intended to improve the employability of those who can not
find unsubsidized employment. Participants shall be monitored daily ar~d lack
of participation shall be communicated to the County immediately. Although
participants do not receive wages or compensation, they may be considered
employees for the purposes of the Fair Labor Standards Act (ELBA).
4.14 Workforce Investment Act (WIA): The Federal Workforce Investment
Act of 1998 provides the framework for a national workforce preparation and
employment system. Title 1 of the WIA authorizes and funds a number of
employment and training programs in California. Workforce investment
activities authorized by WIA are provided at the local level via the One-Stop
delivery system to individuals in need of those services, including job
seekers, dislocated workers, youth, incumbent workers, new entrants to the
workforce, veterans, persons with disabilities and employers. The WIA's
primary purpose is to provide workforce investment activities that increase
the employment, retention, and earnings of the participant, antl increase
attainment of occupational skills by participants.
4.15 Workforce Investment Board (WIB): A consortium of local business
and community leaders who shall provide policy guidance and oversight to a
local Workforce Investment Plan that is responsive to the workplace needs of
business and jab seekers alike.
4.16 Workforce Investment Plan: A local plan created under the WTA,
and administered by the WIB on behalf of CONTRACTOR, that provides a
coordinated mix of services that best meets the workforce investment needs of
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the local labor market.
5. DESCRIPTION OF SERVICES, STAFFING
5.1 CONTRACTOR agrees to provide those services, facilities, equipment
and supplies as described in the exhibits to the Agreement Bet~•~een County of
Orange and City of Santa Ana, for the Provision of Welfare-To-Work Employment
Services, attached hereto and incorporated herein by reference: Exhibit "A"
relating to Vocational Training activities, and On-the-Jab Training and Uiork
Experience services.
5.2 Subject to thirty (30) days advance notice, ADMINISTRATOR may, in
its sole discretion, require changes in staffing patterns in accordance with
workload demands related to the number of clients to be served.
5.3 Upon the request of ADMINISTRATOR. CONTRACTOR shall send
appropriate staff to attend an orientation session and subsequent training
sessions given by COUNTY.
6. LICENSES AND STANDARDS
6.1 CONTRACTOR warrants that it has all necessary licenses and permits
required by the laws of the United States, State of California, County of
Orange and all other appropriate governmental agencies, and agrees to maintain
these licenses and permits in effect for the duration of this Agreement.
Further, CONTRACTOR warrants that its employees shall conduct themselves in
compliance with such laws and licensure requirements including, without
limitation, compliance with laws applicable to sexual harassment and ethical
behavior.
6.2 In the performance of this Agreement, CONTRACTOR shall comply,
unless waived in whale or in part by ADMINISTRATOR, with all applicable
provisions of the California Welfare and Institutions Code; Title 45 of the
Code of Federal Regulations (CFR); Federal Office of Management and Budget
Circulars A-21, A-122, and A-87; 48 CFR 31.2; and all applicable laws and
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regulations of the United States, State of California, County of Orange Social
Services Agency Regulations and all administrative regulations, rules and
policies adopted thereunder as each and all may now exist or be hereafter
amended.
7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS
7.1 Delegation and Assignment:
CONTRACTOR shall neither delegate its duties or obligations nor
assign its rights with respect to this Agreement, either in whole or in part.
Any such attempted delegation or assignment shall be void. The transfer of
assets in excess of ten (10) percent of the total assets of CONTRACTOR, or any
change in the corporate structure, the governing body, or the management of
CONTRACTOR, which occurs as a result of such transfer, shall be deemed an
assignment of benefits under the terms of this Agreement and shall be void.
7.2 Subcontracts:
CONTRACTOR shall not subcontract for services under this Agreement
without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents
in writing to a subcontract, in no event shall the subcontract alter, in any
way, any legal responsibility of CONTRACTOR to COUNTY. ADMINISTRATOR may
refuse to pay obligations incurred under any subcontract that does not comply
with the terms of this Agreement. All subcontracts must be in writing and
copies of same shall be provided to ADMINISTRATOR. CONTRACTOR shall include
in each subcontract any provision ADMINISTRATOR may require
7.2.1 Subcontracts of $10,000 or less:
CONTRACTOR shall develop a standard form Purchase Order,
subject to prior written approval of ADMINISTRATOR, to be utilized for the
purchase of services by CONTRACTOR when the cumulative total cost of the
services to be provided by any organization is anticipated to be ten thousand
dollars ($10,000) or less during the term of this Agreement. The basis for
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costs incurred by any such Purchase Order(s) shall be the actual cost of
providing services or the usual and customary charges established by the
organization(s) providing the services.
i.2.2 Subcontracts in excess of X10,000:
CONTRACTOR shall develop and submit for approval to
ADMINISTRATOR a system for the procurement of subcontracts with any
organization in which the total cumulative cost of services provided by any
single organization is anticipated to exceed ten thousand dollar°s (510,000)
during the term of this Agreement. CONTRACTOR'S proposed procurement system
shall take into consideration such factors as: degree of price competition;
pricing policies and techniques; experience and quality of service:~methods of
evaluating subcontractor responsibility: relationship of subcontractor to
CONTRACTOR; planning, award, and postaward management of subcontracts,
including internal audit procedures and monitoring of subcontractor's
performance until completion of services.
Upon ADMINISTRATOR'S approval of CONTRACTOR'S proposed
procurement system. CONTRACTOR shall comply with such procurement system in
obtaining subcontracts with a total cost in excess of ten thousand dollars
(510,000) during the term of this Agreement. In addition, CONTRACTOR shall
obtain ADMINISTRATOR'S written consent prior to entering into a subcontract
with any organization when the total cumulative cost of services to be
provided by that organization is anticipated to exceed ten thousand dollars
(510,000) during the term ofi this Agreement.
CONTRACTOR and its subcontractor(s) shall establish and
maintain accurate and complete financial records related to services provided
under the terms of this Agreement. Such records may be subject to the
satisfaction of ADMINISTRATOR, and to the examination and audit by
ADMINISTRATOR or designee, for a period of five (5) years after the date of
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final payment under this Agreement, or until any pending audit is completed.
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE
8.1 Form of Business Organization:
Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and
submit, within thirty (30) days thereafter, an affidavit executed by persons
satisfactory to ADMINISTRATOR containing, but not limited to, the following
information:
8.1.1 The form of CONTRACTOR'S business organization, i.e..
proprietorship, partnership, corporation, etc.
8.1.2 A detailed statement indicating the relationship of
CONTRACTOR, by way of ownership or otherwise, to any parent organization or
individual.
8.1.3 A detailed statement indicating the relationship of
CONTRACTOR to any subsidiary business organization or to any individual who
may be providing services, supplies, material or equipment to CONTRACTOR or in
any manner does business with CONTRACTOR under this Agreement.
8.2 Change in Form of Business Organization:
If during the term of this Agreement, the form of CONTRACTOR'S
business organization changes, or the ownership of CONTRACTOR changes, or
CONTRACTOR'S relationship to other businesses dealing with CONTRACTOR under
this Agreement changes. CONTRACTOR shall promptly notify ADMINISTRATOR, in
writing, detailing such changes. A change in the form of business
organization may, at COUNTY'S sole discretion, be treated as an attempted
assignment of rights or delegation of duties of this Agreement.
8.3 Real Property Disclosure:
If CONTRACTOR is occupying any real property under any agreement,
oral or written, where persons are to receive services hereunder. CONTRACTOR
shall be required to submit the following information in addition to a copy of
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the lease, license or rental agreement, as well as any other information
requested, prior to the provision of services under this Agreement.
8.3.1 Tl~e location by street address antl city of any such real
property.
8.3.2 The fair market value of any such real property as such
value is reflected on the mast recently issued County Tax Collector's tax
bill.
8.3.3 A detailed description of all existing and pending
agreements, with respect to the use or occupation of any such real property.
Such description shall include, but not be limited to:
8.3.3.1 The term duration of any rental agreement, lease
or sublease;
8.3.3.2 The amount of monetary consideration to be paid
to the lessor, sublessor or licensor over the term of the rental agreement,
lease, or sublease:
8.3.3.3 The type and dollar value of any other
consideration to be paid to the lessor, sublessor or licensor;
8.3.3.4 The full names and addresses of all parties to
any agreement concerning the real property and a listing of liens (if any)
thereof, together with a listing by full names and addresses of all officers,
directors and stockholders of any private corporation and a similar listing of
all general and limited partners of any partnership which is a party.
8.3.4 A listing by full names of all of CONTRACTOR's officers,
directors and/or partners, members of its administrative and advisory boards,
staff and consultants. who have any family relationship by marriage oi~ blood
with a party to any agreement concerning real property referred to in
Subparagraph 8.3.3, immediately above, or who have any present or future
financial interest in such person's business, whether the entity concerned is
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a corporation or partnership. Such listing shall also include the full names
of all of CONTRACTOR'S officers, directors, partners and those holding a
financial interest. Included are members of its advisory boards, members of
its staff and consultants, who have any family relationship by marriage or
blood. to an officer. director. or stockholder of the corporation or to any
partner of the partnership. In preparing the latter listing. CONTRACTOR shall
also indicate the names of the officers, directors, stockholders, or
partner(s), as appropriate, and the family relationship which exists between
such person(s) and CONTRACTOR'S representatives listed.
8.3.5 True and correct copies of all agreements with respect to
any such real property shall be appended to the affidavit described above and
made a part thereof. If, during the term of this Agreement, there is a change
in the agreement(s) with respect to real property where persons receive
services, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing,
describing such changes.
9. USE OF COUNTY PROPERTY
9.1 COUNTY intends to permit CONTRACTOR the rent-free use of office
space, office furniture, and office equipment located in any and all offices
and COUNTY facilities at which CONTRACTOR will be collocated with COUNTY staff
pursuant to this Agreement, as is more particularly set forth in that certain
sublease described in Subparagraph 9.2, below. As stated in the sublease,
said office space, office furniture, and equipment shall be used solely by
employees of CONTRACTOR while performing their assigned duties pursuant to
this Agreement.
9.2 CONTRACTOR shall enter into a rent-free sublease Edith
ADMINISTRATOR for facilities provided by ADMINISTRATOR and will execute all
terms and conditions of said agreement upon ADMINISTRATOR'S presentation of
said document to CONTRACTOR. Failure to execute the sublease will result in a
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breach of this Agreement.
10. NON-DISCRIMINATION
10.1 In the performance of this Contract, CONTRACTOR agrees that it
shall not engage nor employ any unlawful discriminatory practices in the
admission of clients, provision of services or benefits, assignment of
accommodations, treatment, evaluation, employment of personnel or in any other
respect on the basis of sex, race, color, ethnicity, national origin,
ancestry, religion, age, marital status, medical condition, sexual
orientation, sexual preference, physical or mental disability or any other
protected group in accordance with the requirements of all applicable Federal
or State law.
10.2 CONTRACTOR shall develop an Affirmative Action Program Plan which
meets the lawful and applicable requirements of the Department of Health and
Human Services.
10.3 CONTRACTOR shall furnish any and all information requested by
ADMINISTRATOR and shall permit ADMINISTRATOR access, during business hours, to
books, records and accounts in order to ascertain CONTRACTOR'S compliance with
Paragraph 10 et seq,
10.4 CONTRACTOR shall comply with Executive Order 11246, entitled
"Equal Employment Opportunity", as amended by Executive Order• 11375 and as
supplemented in Department of Labor regulations (41 CFR Part 60).
10.5 Non-Discrimination in Employment
10.5.1 All solicitations or advertisements for employees placed
by or on behalf of CONTRACTOR shall state that all qualified applicants will
receive consideration for employment without regard to sex, race, color,
ethnicity, national origin, ancestry, religion, age, marital status, medical
condition, sexual orientation, physical or mental disability or any other
protected group in accordance with the requirements of all applicable Federal
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or State law. Notices describing the provisions of the equal opportunity
clause shall be posted in a conspicuous place for employees and job
applicants.
10.5.2 CONTRACTOR shall refer any and all employees desirous of
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 UII 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
seq., as amended; California Government Code Sections 11135-11139.5, as
amended; California Government Code Section 12940 (c). (h) (1), (i), and (j);
California Government Code Section 4450; Title 22, California Code of
Regulations Sections 98000-98413; Title 24 of the California Code of
Regulations, Section 3105A(e); the Dymally-Allatorre Bilingual Services Act
(California Government Cade Section 7290-7299.8); Section 1808 of the Removal
of Barriers to Interethnic Adoption Act of 1996; and other applicable Federal
and State laws, as well as their implementing regulations (including 45 Code
of Federal Regulations (CFR) Parts 80, B4, and 91. 7 CFR Part 15, and 28 CFR
Part 42). and any other law pertaining to Equal Employment Opportunity,
Affirmative Action and Nondiscrimination as each may now exist or be hereafter
amended. CONTRACTOR shall not implement any administrative methods or
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procedures which would have a discriminatory effect or which would violate the
California Department of Social Services (CDSS) Manual of Policies and
Procedures (h1PP) Division 21, Chapter 21-100. If there are any violations of
this paragraph, CDSS shall have the right to invoke fiscal sanctions or other
legal remedies in accordance with Welfare and Institutions Code Section 1On05,
or Government Code Sections 11135-11139.5, or any other laws. or the issue may
be referred to the appropriate Federal agency for further compliance action
antl enforcement of Subparagraph 10.6 et seq.
10.6.2 CONTRACTOR shall provide any and all clients desirous of
filing a formal complaint any and all information as appropriate:
10.6.2.1 Pamphlet: "Your Rights Under California Welfare
Programs (PUB 13)
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
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
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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/0/R/K Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
All notices shall be deemed effective when in writing antl 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
the addresses to which notices are sent.
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
State. COUNTY, and their elected and appointed officials, officers, employees,
agents and those special districts and agencies which COUNTY'S Board of
Supervisors acts as the governing Board ("COUNTY INDEMNITEES'") harmless from
any claims, demands or liability of any kind or nature, including but not
limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by CONTRACTOR pursuant to
this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a
court of competent jurisdiction because of the concurrent active negligence of
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COUNTY or COUNTY INDEMNITEES. CONTRACTOR and COUNTY agree that liability will
be apportioned as determined by the court. Neither party shall request a jury
apportionment. Please note that deviation from standard language is rare, and
should be avoided.
12.2 6dithout limiting CONTRACTOR's liability for indemnification, prior
to the provision of services under this Agreement, CONTRACTOR agrees to
purchase all required insurance at CONTRACTOR'S expense and to deposit with
ADMINISTRATOR Certificates of Insurance, including all endorsements required
herein, necessary to satisfy COUNTY that the insurance provisions of this
Agreement have been complied with and to keep such insurance coverage and the
certificates therefore on deposit with ADMINISTRATOR during the entire term of
this Agreement, as set forth herein.
12.3 CONTRACTOR shall ensure that all subcontractors performing work on
behalf of CONTRACTOR pursuant to this Agreement shall be covered under
CONTRACTOR'S insurance as an additional insured or maintain insurance subject
to the same terms and conditions as set forth herein for CONTRACTOR.
CONTRACTOR shall not allow subcontractors to work if subcontractors have less
than the level of coverage required by COUNTY from CONTRACTOR under this
Agreement. It is the obligation of CONTRACTOR to provide notice of the
insurance requirements to every subcontractor, and to receive proof of
insurance prior to allowing any subcontractor to begin work. Such proof of
insurance must be maintained by CONTRACTOR through the entirety of this
Agreement for inspection by County representative(s) at any reasonable time.
12.4 All insurance policies required by this Agreement shall declare
any deductible or self-insured retention (SIR) in an amount in excess of
$25,000 ($5,000 for automobile liability), which shall specifically be
approved by the County Executive Office (CEO)/Office of Risk Management.
COPTRACTOR shall be responsible for reimbursement of any deductible to the
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insurer. Any self-insured retentions (SIRS) or deductibles shall be clearly
stated on the Certificate of Insurance.
12.5 If CONTRACTOR fails to maintain insurance acceptable to COUNTY for
the full term of this Agreement, COUNTY may terminate this Agreement.
12.6 The policy or policies of insurance required herein must be issued
by an insurer licensed to do business in the State of California (California
Admitted Carrier). If the insurer is not licensed to do business in the State
of California, ADMINISTRATOR retains the right to approve or reject the
insurer after a review of the insurer's performance and financial ratings by
the County Executive Office (CEO)/Office of Risk Management.
12.7 The policy or policies of insurance required herein must be issued
by an insurer with a minimum rating of "A- (Secure Best's Rating)"' and a
minimum financial rating of "VIII (Financial Size Category)," as determined by
the most current edition of the Best's Key Rating Guide/Property-
Casualty/United States or by going on-line to "ambest.com."
12.8 The policy or polices of insurance maintained by CONTRACTOR shall
provide the minimum limits and coverage as set forth below:
Coverage Minimum Limits
Per Occurrence* Annual A9gregate*
Commercial General Liability with
broad form property damage and $1,O0O,OOD X2,000,000
contractual liability
Automobile Liability (covering all
$1,000,000 X1,000,000
owned, non-owned and hired vehicles)
Workers' Compensation Statutory Statutory
Employers' Liability $1,000,000 S1,DOO.OD0
12.9 All liability insurance required by this Agreement shall be at
least $1,OD0,000 combined single limit per occurrence. The minimum aggregate
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limit for the Commercial General Liability policy shall be X2,000,000.
12.10 The County of Orange shall be added as an additional insured on
all insurance policies required by this Agreement with respect to the services
provided by CONTRACTOR under the terms of this Agreement (except Workers'
Compensation/Employers' Liability). An additional 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 maintained by the County of Orange shall be
excess and non-contributing with insurance provided by these policies. 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 addition, the cancellation clause must include language as
follows, which edits the pre-printed ACORD certificate:
"'SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL
€N8EA~19R--~9 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
HOLDER NAMED TO THE LEFT. R~IT GnrllloG Tn Mnrl cilru nlnTTrG
~i ni i rn~Dncr nin nRi rrn-rrnnl nD I marl rTy nr Holy vrnm Ilonnl Tur
~rx oiv o~v oxrio x~xi o~ vnri wzno~r-an me
EnMDn HIV TTC MCnIT IID DCDDCCCRITAT 71/C
12.13 All insurance policies required by this Agreement shall waive all
rights of subrogation against the County of Orange and members of tf~e Board of
Supervisors, its elected and appointed officials, officers, agents and
employees when acting within the scope of their appointment or employment.
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12.14 The Commercial General Liability policy shall contain a
severability of interests clause.
12.15 CONTRACTOR is aware of the provisions of Section 3700 of the
California Labor Code which requires every employer to be insured against
liability for Workers' Compensation or be self-insured in accordance with
provisions of that code. CONTRACTOR will comply with such provisions and
shall furnish COUNTY satisfactory evidence that CONTRACTOR has secured, for
the period of this Agreement, statutory Workers' Compensation insurance and
Employers' Liability insurance with minimum limits of $1,000.000 per
occurrence.
12.16 If CONTRACTOR fails to provide the insurance certificates and
endorsements within seven (7) days of notification by CEO/Purchasing or
ADMINISTRATOR, award may be made to the next qualified proponent.
12.17 COUNTY expressly retains the right to require CONTRACTOR to
increase or decrease insurance of any of the above insurance types throughout
the term of this Agreement. Any increase or decrease in insurance vaill be as
deemed by County of Orange Risk Manager as appropriate to adequately protect
COUNTY.
12.18 COUNTY shall notify CONTRACTOR in writing of changes in the
insurance requirements. If CONTRACTOR does not deposit copies of acceptable
certificates oP insurance and endorsements with ADMINISTRATOR incorporating
such changes within thirty (30) days of receipt of such notice, this Agreement
may be in breach without further notice to CONTRACTOR, and COUNTY shall be
entitled t.o all legal remedies.
12.19 The procuring of such required policy or policies of insurance
shall not be construed to limit CONTRACTOR's liability hereunder nor to
fulfill the indemnification provisions and requirements of this Agreement.
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12.20 The County of Orange Certificate of Insurance and the Special
Endorsement for the County of Orange can be utilized to verify compliance with
the above-mentioned insurance requirements in place of commercial insurance
certificates and endorsements.
12.21 If CONTRACTOR is a governmental entity, CONTRACTOR may self-insure
for required coverage.
13. CONFLICT OF INTEREST
CONTRACTOR shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests
of COUNTY. This obligation shall apply to CONTRACTOR"s employees, agents,
relatives, subcontractors, and third parties associated with accomplishing the
work hereunder.
CONTRACTOR'S efforts shall include, but not be limited to, establishing
precautions to prevent its empioyees or agents from making, receiving,
providing, or offering gifts, entertainment, payments, loans, or other
considerations which could be deemed to appear to influence individuals to act
contrary to the best interests of COUNTY.
14. ANTI-PROSELYTISM PROVISION
No funds provided directly to institutions or organizations to provide
services and administer programs under 42 U.S.C. Section 604(a)(1)(A) shall be
expended for sectarian worship, instruction, or proselytization, except as
otherwise permitted by law.
15. SUPPLANTING GOVERNMENT FUNDS
CONTRACTOR shall not supplant any Federal, State or COUNTY funds
intended for the purposes of this Agreement with any funds made available
under this Agreement. CONTRACTOR shall not claim reimbursement from COUNTY
for, or apply sums received from COUNTY with respect to, that portion of its
obligations which have been paid by another source of revenue. CONTRACTOR
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agrees that it shall not use funds received pursuant to this Agreement, either
directly or indirectly, as a contribution or compensation for purposes of
obtaining Federal, State or COUNTY funds under any Federal, State or COUNTY
program without prior written approval of ADMINISTRATOR.
16. EQUIPMENT
16.1 All items purchased with funds provided under this Agreement or
which are furnished to CONTRACTOR by COUNTY which have a single unit cost of
at least five thousand dollars ($5,OOO.OD), including sales tax, shall be
considered Capital Equipment. Title to all items of Capital Equipment
purchased vests and will remain in COUNTY as such shall be designated by
ADMINISTRATOR. The use of such items of Capital Equipment is limited to the
performance of this Agreement. Upon the termination of this Agreement,
CONTRACTOR shall immediately return any items of Capital Equipment to COUNTY
or its representatives. or dispose of them in accordance with the directions
of ADMINISTRATOR.
CONTRACTOR further agrees to the following:
16.1.1 To maintain all items of Capital Equipment in good working
order and condition, normal wear and tear excepted.
16.1.2 To label all items of Capital Equipment, do periodic
inventories as required by ADMINISTRATOR and to maintain an inventory list
showing where and how the Capital Equipment is being used, in accordance with
procedures developed by ADMINISTRATOR. All such lists shall be submitted to
ADMINISTRATOR within ten (10) days of any request therefor.
16.1.3 To report in writing to ADMINISTRATOR immediately after
discovery, the loss or theft of any items of Capital Equipment. For stolen
items, the local law enforcement agency must be contacted and a copy of the
police report submitted to ADMINISTRATOR.
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16.1.4 To purchase a policy or policies of insurance covering
loss or damage to any and all Capital Equipment purchased under this
Agreement, in the amount of the full replacement value thereof, providing
protection against the classification of fire, extended coverage, vandalism.
malicious mischief and special extended perils (all risks) covering the
parties' interests as they appear.
16.2 The purchase of any Capital Equipment by CONTRACTOR shall be
requested in writing, shall require the prior written approval of
ADMINISTRATOR, and shall fulfill the provisions of this Agreement which are
appropriate and directly related to CONTRACTOR's service or activity under the
terms of the Agreement. COUNTY may refuse reimbursement for any casts
resulting from Capital Equipment purchased. which are incurred by CONTRACTOR,
if prior written approval has not been obtained from ADMINISTRATOR.
16.3 No personal computers or any component thereof may be purchased
with funds provided under this Agreement, regardless of purchase price,
without prior written approval of ADMINISTRATOR. Any personal computers or
any component thereof purchased shall be in accordance with computer
specifications provided by ADMINISTRATOR, be subject to the same inventory
control conditions specified in Subparagraphs 16.1.1 to 16.1.4 and, at the
sole discretion of ADMINISTRATOR. become the property of COUNTY upon
termination of this Agreement.
16.4 CONTRACTOR will comply with confidentiality requirements as stated
in Paragraph 27 and shall use the computer information system(s) provided by
ADMINISTRATOR fior entering and retrieving data, monthly reporting of arork
participation hour°s, updating the status and end dates of participant
activities. and any other information as required by SSA. CONTRACTOR agrees to
be fully responsible for any loss, theft, or damage to the computer systems
provided by ADMINISTRATOR. Further, CONTRACTOR is to provide training to
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staff that uses such equipment related to the sensitivity of client personal
information contained within the hardware of these systems.
16.5 CONTRACTOR shall provide ADMINISTRATOR with a written plan
describing safeguards that shall be taken to ensure the security of both the
computer information systems hardware and the personal data contained therein.
This plan shall include action steps that CONTRACTOR will take to immediately
report and mitigate damages resulting from loss of equipment and unauthorized
dissemination of personal information. CONTRACTOR shall submit this plan no
later than July 31, 2007, and shall make all changes to the plan as requested
by ADMINISTRATOR.
16.6 CONTRACTOR shall comply with confidentiality requirements as
stated in Paragraph 27 and ensure that their personnel understand the uses of
the computer information system(s) and will follow the related procedures.
This will be done through supervisory reviews and case audits.
17. BREACH SANCTIONS
Failure by CONTRACTOR to comply with any of the provisions, covenants,
or conditions of this Agreement shall be a material breach of this Agreement.
In such event ADMINISTRATOR may, in its sole discretion, and in addition to
immediate termination and any other remedies available at law, in equity. or
otherwise specified in this Agreement:
17.1 Afford CONTRACTOR a time period within which to cure the breach,
which period shall be established at the sole discretion of ADMINISTRATOR;
and/or
17.2 Discontinue reimbursement to CONTRACTOR for and during the period
in which CONTRACTOR is in breach, which reimbursement shall not be entitled to
later recovery; and/or
17.3 Offset against any monies billed by CONTRACTOR but yet unpaid by
COUNTY those monies disallowed pursuant to Subparagraph 17.2, above.
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ADMINISTRATOR shall give CONTRACTOR written notice of any action
pursuant to this paragraph, which notice shall be deemed served on the date of
mailing.
18. PAYMENTS
18.1 Maximum Conti°actual Obligation:
18.2 The maximum obligation of COUNTY under this Agreement shall be
81,895,904, or actual allowable costs, whichever is less.
18.3 Allowable Costs:
During the term of this Agreement, COUNTY shall pay CONTRACTOR
monthly in arrears, for actual allowable costs incurred and paid by CONTRACTOR
pursuant to this Agreement, as defined in OMB Circular A-87 or as approved by
ADMINISTRATOR. However, COUNTY, in it sole discretion, may pay CONTRACTOR for
anticipated allowable costs that will be incurred by CONTRACTOR for June 2007,
during the month of such anticipated expenditure.
18.4 Claims:
18.4.1 All claims must be submitted monthly by CONTRACTOR on a
form approved by ADMINISTRATOR. All claims submitted to COUNTY must be
supported with source documents including, inter olio, a monthly statement of
services, general ledgers. supporting journals, time sheets, invoices,
canceled checks, receipts, and receiving records, which may be required to be
copied and submitted with each monthly invoice. Unless waived by ADMINISTRATOR
invoices are tlue by the 15" of the fallowing month. Source documents that
CONTRACTOR must submit with each monthly invoice shall be determined by
ADMINISTRATOR and/or COUNTY's Auditor-Controller. CONTRACTOR shall retain all
financial records in accordance with Paragraph 24 (Records, Inspections,
Autlits) of this Agreement.
18.4.2 Payments should be released by COUNTY within a reasonable
time period of approximately thirty (30) days after receipt of a correctly
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completed claim form and required supporting documentation.
18.4.3 Final Claim/Settlement:
18.4.3.1 Any and all claims must be received by
ADMINISTRATOR no later than August 30, 2010 at 5:00 p.m., said date being
approximately sixty (60) days after termination of this Agreement. Claims
received after this date and time may not be reimbursed. ADMINISTRATOR may.
in its sole discretion, modify the date upon which the final claim must be
received, upon notice to CONTRACTOR.
18.4.3.2 The basis for final settlement shall be the
actual al]owable costs as defined in Title 45 of the Code of Federal
Regulations and OMB Circular A-87, incurred and paid by CONTRACTOR pursuant to
this Agreement; limited, however, to the maximum obligation of COUNTY. In the
event that any overpayment has been made, COUNTY may offset the amount of the
overpayment against the final payment. In the event overpayment exceeds the
final payment, CONTRACTOR shall pay COUNTY all such sums within five (5) days
of notice from COUNTY. Nothing herein shall be construed as limiting the
remedies of COUNTY in the event an overpayment has been made.
19. OVERPAYMENTS
Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which
CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in
accordance with any applicable regulations and/or policies in effect during
the term of this Agreement, or as established by COUNTY procedure. Any
overpayments made by COUNTY which result from a payment by any other funding
source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the
funding source. Unless earlier repaid, CONTRACTOR shall make repayment within
thirty (30) days afiter the date of the final audit findings report. and prior
to any administrative appeal process. In the event an overpayment owing by
CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR
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shall reimburse COUNTY within thirty (30) days thereafter, and prior to any
administrative appeal process. CONTRACTOR agrees to pay all costs incurred by
COUNTY necessary to enforce the provisions set forth in this paragraph.
20. REVENUE
20.1 Whenever CONTRACTOR receives any money specifically designated for
use in programs funded through this Agreement, such monies shall be considered
a cost off-set and treated as a reduction against the amount claimed by
CONTRACTOR, except for Program Income as defined in 45 CFR, Section 92.25 as
that section currently exists or may be hereafter amended. The procedure for
designating money as Program Income is set forth in Paragraph 21 of this
Agreement.
21. PROGRAM INCOME
It is mutually understood that the State or Federal agency responsible
for providing the funding for this Agreement may designate certain revenue of
CONTRACTOR as Program Income. To be designated as Program Income and,
therefore, as other than a cost off-set, CONTRACTOR shall do ali of the
following:
21.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed
Program Income:
21.2 Set up and maintain a separate bank account for any proposed
Program Income and account for any and all such income received: and
21.3 Report to ADMINISTRATOR any and all Program Income received no
later than thirty (30) days from the date of receipt: record the amount
received on internal financial records; and indicate the amount received on
the monthly claim submitted to ADMINISTRATOR.
21.4 ADMINISTRATOR shall then forward the plan for the requested use of
the proposed Program income to the appropriate State and/or Federal agencies
for approval.
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21.5 CONTRACTOR shall not spend any of the proposed Program Income
unless or until such time as ADMINISTRATOR obtains authorization far the use
of the Program Income from the responsible State and/or Federal agency and
provides CONTRACTOR a~ith prior written approval for the use of the funds.
21.6 ADMINISTRATOR may, in its sole discretion, issue future policy
statements and/or instructions with respect to Program Income. CONTRACTOR
shall immediately comply with such policy statements and/or instructions
22. FINAL REPORT
CONTRACTOR shall complete and submit to ADMINISTRATOR a final report
within sixty (60) days after the termination of this Agreement, which shall
summarize the activities and services provided by CONTRACTOR during the term
of this Agreement. CONTRACTOR and ADMINISTRATOR may mutually agree in writing
to modify the date upon which the final report must be submitted.
23. INDEPENDENT AUDIT
23.1 CONTRACTOR shall employ a licensed certified public accountant,
who shall prepare and file with ADMINISTRATOR, an annual organization-wide
audit of related expenditures during the term of this Agreement in compliance
with the Office of Management and Budget (OMB) Circular A-133, Audits of
States. Local Governments, and Non-Profit Organizations. The audit must be
performed in accordance with Generally Accepted Government Auditing Standards
(GALAS) and OMB Circular A-87. CONTRACTOR shall cooperate with County, State
and/or Federal agencies to ensure that corrective action is taken within six
(6) months after issuance of all audit reports with regard to audit
exceptions.
23.2 CONTRACTOR agrees to provide ADMINISTRATOR with a copy of its
organization-wide audit for the period ending June 30 within sixty (6Q) days
after the end of its fiscal year. Failure to comply with this paragraph shall
be sufficient cause for ADMINISTRATOR, in its sole discretion, to deny payment
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of any monies under this or any other subsequent Agreement with CONTRACTOR
until such time the audit is received. ADMINISTRATOR may, in its sole
discretion, modify the date upon which the independent audit must be received,
upon notice to CONTRACTOR.
24. RECORDS, INSPECTIONS AND AUDITS
24.1 Financial Records:
24.1.1 CONTRACTOR shall prepare and maintain accurate and
complete financial records. Financial records shall be retained, by
CONTRACTOR, for a minimum of five (5) years from the date of fiinal payment
under this Agreement or until all pending COUNTY, State and Federal audits are
completed, whichever is later.
24.1.2 CONTRACTOR shall establish and maintain reasonable
accounting, internal control and financial reporting standards in conformity
with generally accepted accounting principles established by the American
Institute of Certified Public Accountants (AICPA) and to the satisfaction of
ADMINISTRATOR.
24.2 Client Records:
24.2.1 CONTRACTOR shall prepare and maintain accurate and
complete records of clients served, and dates and type of services provided
under the terms of this Agreement in a form acceptable to ADMINISTRATOR.
24.2.2 All client records related to services provided under the
terms of this Agreement shall be retained by CONTRACTOR for a minimum of five
(5) years from the date of final payment under this Agreement or until all
pending COUNTY, State and Federal audits are completed, whichever is later.
Notwithstanding anything to the contrary, upon termination ofi this Agreement,
CONTRACTOR shall relinquish control with respect to client records to COUNTY
in accordance with Subparagraph 38.2.
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24.2.3 COUNTY may refuse payment for a claim if client records
are determined by COUNTY to be incomplete or inaccurate. In the event client
records are determined to be incomplete or inaccurate after payment has been
made, COUNTY may treat such payment as an overpayment within the provisions of
this Agreement.
24.3 Public Records:
With the exception of client records or other records referenced
in Paragraph 27, entitled Confidentiality, all records, including but not
limited to, reports, audits, notices, claims, statements and correspondence,
required by this agreement may be subject to public disclosure. COUNTY shall
not be liable for any such disclosure.
24.4 Inspections and Audits;
24.4.1 The Department of Health and Human Services, Comptroller
General of the United States, Director of the California Department of Social
Services, State Auditor-General, ADMINISTRATOR, COUNTY'S Auditor-Controller
and Internal Audit Department, or any of their authorized representatives,
shall have access to any books, documents, papers and records, including
medical records, of CONTRACTOR which any of them may determine to be pertinent
to this Agreement for the purpose of financial monitoring. Further, all the
above mentioned persons have the right at all reasonable times to inspect or
otherwise evaluate the work performed or being performed under this Agreement
and the premises in which it is being performed.
24.4.2 CONTRACTOR shall make available its books and financial
records within the borders of Orange County within ten (10) days after receipt
of written demand by ADMINISTRATOR.
24.4.3 In the event CONTRACTOR does not make available its books
and financial records within the borders of Orange County, CONTRACTOR agrees
to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY'S
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designee, necessary to obtain CONTRACTOR'S books and financial records.
24.4.4 CONTPACTOR shall pay to COUNTY the full amount of COUNTY'S
liability to the State or Federal government or any agency thereof resulting
from any disallowances or other audit exceptions to the extent that such
liability is attributable to CONTRACTOR'S failure to perform under this
Agreement.
25. PERSONNEL DISCLOSURE
25.1 CONTRACTOR shall make available to ADMINISTRATOR a current list of
all personnel providing services hereunder, including resumes and job
app]ications. Changes to the list will be immediately provided to
ADMINISTRATOR in writing, along with a copy of a resume and/or job
application. The list shall include:
25.1.1 All full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the programs
described herein:
25.1.2 A brief description of the functions of each position and
the hours each person works each week, or for part-time personnel each day or
month. as appropriate;
25.1.3 The professional degree, if applicable, and experience
required for each position; and
25.1.4 The language skill, if applicable, for all personnel.
25.2 Where authorized by law, CONTRACTOR shall conduct criminal record
background checks on all employees and/or volunteers who will provide services
under this Agreement.
25.3 CONTRACTOR warrants that all persons employed or otherwise
assigned by CONTRACTOR to provide services under this Agreement have
satisfactory past work records and/or reference checks indicating their
ability to perform the required duties and accept the kind of responsibility ~,
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anticipated under this Agreement. CONTRACTOR shall maintain records of
background investigations and reference checks undertaken and coordinated by
CONTRACTOR for each employee and/or volunteer assigned to provide services
under this Agreement for a minimum of five (5) years from the date of final
payment under this Agreement or urtil all pending COUNTY, State and Federal
audits are completed, whichever is later, in compliance with all applicable
laws.
25.4 CONTRACTOR shall immediately notify AOMINISTRATOR concerning the
arrest and/or subsequent conviction, for offenses other than minor traffic
offenses, of any paid employee and/or volunteer staff performing services
under this Agreement, when such information becomes known to CONTRACTOR.
ADMINISTRATOR, in its sole discretion, may determine whether such employee
and/or volunteer may continue to provide services under this Agreement and
shall provide notice of such determination to CONTRACTOR in writing.
CONTRACTOR's failure to comply with ADMINISTRATOR'S decision shall be deemed a
material breach of this Agreement, pursuant to Paragraph 17, above.
26. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING
CONTRACTOR shall establish a procedure acceptable to ADMINISTRATOR to
ensure that all employees, volunteers, consultants, or agents performing
services under this Agreement report child abuse or neglect to a child
protective agency as defined in Penal Code Section 11165.9 and dependent adult
or elder abuse as defined in Section 15610.07 of the Welfare and Institutions
Code (WIC) to an adult protection agency. CONTRACTOR shall require such
employee, volunteer, consultant or agent to sign a statement acknowledging the
child abuse reporting requirements set forth in Sections 11166 and 11166.05 of
the California Penal Code and the dependent adult and elder abuse reporting
requirements as set forth in Section 15630 of the WIC and will comply with the
provisions of these code sections as they now exist or as they may hereafter
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be amended.
27. CONFIDENTIALITY
27.1 CONTRACTOR agrees to maintain the confidentiality of its records
pursuant to blelfare and Institutions Code Sections 827 and 10850-10853, the
CDSS Manual of Policies and Procedures, Division 14-000, and all other
provisions of law, and regulations promulgated thereunder relating to privacy
and confidentiality, as each may now exist or be hereafter amended.
All records and information concerning any and all persons
referred to CONTRACTOR by COUNTY or COUNIY's designee shall be considered and
kept confidential by CONTRACTOR, CONTRACTOR'S staff, agents, employees and
volunteers. CONTRACTOR shall require all of its employees. agents,
subcontractors and volunteer staff who may provide services for CONTRACTOR
under this Agreement to sign an. agreement with CONTRACTOR before commencing
the provision of any such services, to maintain the confidentiality of any and
all materials and information with which they may come into contact, or the
identities or any identifying characteristics or information with respect to
any and all participants referred to CONTRACTOR by COUNTY, except as may be
required to provide services under this Agreement or to those specified in
this Agreement as having the capacity to audit CONTRACTOR, and as to the
latter, only during such audit. CONTRACTOR shall comply with any audits
specified in Paragraph 24, provide reports and any other information required
by COUNTY in the administration of this Agreement, and as otherwise permitted
by law.
27.2 CONTRACTOR shall inform all of its employees, agents,
subcontractors, volunteers and partners of this provision and that any person
knowingly and intentionally violating the provisions of said State law may be
guilty of a crime.
27.3 CONTRACTOR agrees that any and all subcontracts entered into shall
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be subject to the confidentiality requirements of this Agreement.
28. COPYRIGHT ACCESS
The Department of Health and Human Services, the California Department
of Social Services, and COUNTY shall have a royalty-free, nonexclusive and
irrevocable license to publish, translate, or use, now and hereafter, all
material developed under this Agreement including those covered by copyright.
29. WAIVER
No delay or omission by either party hereto to exercise any right or
power accruing upon any noncompliance or default by the other party with
respect to any of the terms of this Agreement shall impair any such right or
power or be construed to be a waiver thereof, A waiver by either of the
parties hereto of any of the covenants, conditions. or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding
breach thereof or of any other covenant, condition or agreement herein
contained.
30. PETTY CASH
CONTRACTOR is authorized to establish a petty cash fund in an amount not
to exceed two hundred and fifty dollars (5250.00).
31. PUBLICITY
Information and solicitations, prepared and released by CONTRACTOR,
concerning the services provided under this Agreement, shall state that the
program, wholly or in part, is funded through COUNTY. State and Federal
government funds.
32. COUNTY RESPONSIBILITIES
ADMINISTRATOR will provide consultation and technical assistance, and
will monitor performance of CONTRACTOR in meeting the terms of this Agreement.
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33, REPORTS
CONTRACTOR shall maintain records and submit reports containing such
data and information regarding the performance of CONTRACTOP,'s services. costs
or other data relating to this Agreement as may be requested by ADMINISTRATOR,
upon a form approved by ADMINISTRATOR. ADMINISTRATOR may modify the
provisions of this paragraph upon written notice to CONTRACTOR.
34. ENERGY EFFICIENCY STANDARDS
CONTRACTOR shall comply with such mandatory standards and policies
relating to energy efficiency as particularized in the State Energy
Conservation Plan, (Title 24, California Code of Regulations), as required by
the U.S. Energy Policy and Conservation Act (P.L. 94-163) as each may now
exist or be hereafter amended.
35. ENVIRONMENTAL PROTECTION STANDARDS
CONTRACTOR shall be in compliance with Section 3D6 of the Clean Air Act
C42 USC 185?(h)], Section 508 of the Clean Water Act (33 USC 1368), Executive
Order 11738 and Environmental Protection Agency, hereinafter referred to as
"EPA", regulations (40 CFR, Part 15) as any may now exist or be hereafter
amended. Under these laws and regulations, CONTRACTOR assures that:
35.1 No facility to be utilized in the performance of the proposed
grant has been listed on the EPA List of Violating Facilities:
35.2 It will notify COUNTY prior to award, of the receipt of any
communication from the Director. Office of Federal Activities, U.S. EPA,
indicating that a facility to be utilized for the grant is under consideration
to be listed on the EPA List of Violating Facilities;
35.3 It will notify COUNTY and the EPA about any known violation of the
above laws and regulations.
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36. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS
CONTRACFOR shall be in compliance with Section 319 of Public Law 101-121
pursuant to 31 U.S.C. 1352 and the guidelines with respect to those provisions
set down by the Federal Office of Management and Budget and published in the
Federal Register dated December 20, 1989. Volume 54, No. 243. pp. 52306-52332.
Under these laws and regulations, it is mutually understood that any contract
which utilizes federal monies in excess of X100.000 must contain and
CONTRACTOR must comply with the following provisions:
A, The definitions and prohibitions contained in the clause at
FAR 52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (B) of this certification.
B. The offeror, by signing its offer, hereby certifies to the
best of his or her knowledge and belief as of December 23, 1989 that
1) No Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan. the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract. grant, loan, or cooperative agreement;
2) If any funds other than Federal appropriated funds
(including profit or fee received under a covered Federal transaction) have
been paid. or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress. an
officer or employee of Congress, or an employee of a Member of Congress on his
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or her behalf in connection with this solicitation, the offeror shall complete
and submit, t•,~ith its offer, OMB standard form LLL, Disclosure of Lobbying
Activities, to the Contracting Officer; and
3) He or she will include the language of this
certification in all subcontract awards at any tier and require that all
recipients of subcontract awards in excess of $100,000 shall certify and
disclose accordingly.
C. Submission of this certification and disclosure is a
prerequisite for making or entering into this contract imposed by Section
1352, Title 31, United States Code, Any person who makes an expenditure
prohibited under this provision or who fails to file or amend the disclosure
form to be filed or amended by this provision, shall be subject to a civil
penalty of not less than 510,000, and not more than 5100,000, for each such
failure.
37. POLITICAL ACTIVITY
CONTRACTOR agrees that the funds provided herein shall not be used to
promote, directly or indirectly, any political party, political candidate or
political activity, except as permitted by law.
38. TERMINATION PROVISIONS
38.1 ADMINISTRATOR may terminate this Agreement without penalty
immediately with cause or after thirty (30) days' written notice without
cause, unless otherwise specified. Notice shall be deemed served on the date
of mailing. Cause shall be defined as any breach of contract, any
misrepresentation or fraud on the part of the CONTRACTOR. Exercise by
ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of
all further obligation under this Agreement.
38.2 Upon termination, or notice thereof. CONTRACTOR agrees to
cooperate with ADMINISTRATOR in the orderly transfer of service
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responsibilities, active case records, and pertinent documents.
38.3 The obligations of COUNTY under this Agreement are contingent upon
the availability of Federal and/or State funds, as applicable, for the
reimbursement of CONTRACTOR'S expenditures, and inclusion of sufficient funds
for the services hereunder in the budget approved by the Orange County Board
of Supervisors each fiscal year this Agreement remains in effect or operation.
In the event that such funding is terminated or reduced, ADMINISTRATOR may
immediately terminate this Agreement, reduce COUNTY's maximum obligation, or
modify this Agreement. without penalty. The decision of ADMINISTRATOR shall
be binding on CONTRACTOR. ADMINISTRATOR shall provide CONTRACTOR with written
notification of such determination. CONTRACTOR shall immediately comply with
ADMINISTRATOR'S decision.
39. GOVERNING LAW AND VENUE
This Agreement has been negotiated and executed in the state of
California and shall be governed by and construed under the laws of the state
of California. In the event of any legal action to enforce or interpret this
Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County. California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties
specifically agree to waive any and all rights to request that an action be
transferred for trial to another county.
40. SIGNATURE IN COUNTERPARTS
The parties agree that separate copies of this Agreement may be signed
by each of the parties and this Agreement will have the same force and effect
as if the original had been signed by all the parties.
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///
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1 WHEREFORE, the parties hereto have executed this Agreement in the County
2 of Orange, California,
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~
By .
" ~ CITY SANTA A A
CITY MANAGER
Dated: ----'4u1 O-=f-
~ b ATTESTti
By:_~se , ~ -
CI 'Y O~ SANT~
10'" CLERK OF THE COUNCIL
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
ATTEST:
JfJ{(t~j. IA
DAffi'E J, BLOOM '--" ( t
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM
COUNTY UNSEL
COU GE, CALIFORNIA
DEPUTY
Dated: J:)-\ Lo '~cJl
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By:
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CHAIRMAN OF THE BOARD
OF S1ERVjd(
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Dated:
APPROVED AS TO FORM:
By: ~ '-- .L)( LJA.^--
LISA STORCK
ASSISTANT CITY ATTORNEY
RECOMMENDED FOR APPROVAl:
By:
CApri 1 9. 2007)
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EXHIBIT A
TO THE
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF WELFARE-TO-WORK EMPLOYMENT SERVICES
1. POPULATION TO BE SERVED
1.1 CONTRACTOR agrees to serve only participants in the CaIWORKs WTW
Program referred to CONTRACTOR by ADMINISTRATOR under this Agreement. It is
mutually understood that all services are far the purpose of removing barriers
that will assist WTW participants achieve self-sufficiency within the CaIWORKs
time constraints.
1.2 CaIWORKs participants will be required to participate in On-the-
Job Training, Work Experience, and Vocational Training activities for the
required 32/35 hours, unless fewer hours of WTW participation are required by
1 ao-r.
2. WORKLOAD STANDARDS
2.1 CONTRACTOR'S workload goals with respect to Exhibit A to this
Agreement are as follows:
2.1.7 Each Workforce Center Assistant shall monitor On-the-Jab
Training, Work Experience, and or Vocational Training activities.
2.2 CONTRACTOR and ADMINISTRATOR may agree in writing to modify
workload standards as set forth in this Paragraph.
3. SERVICES
3.1 CONTRACTOR shall provide WTW participants with On-the-Job
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Training, Work Experience, and or Vocational Training activities necessary to
remove barriers to subsequent employment. These activities will be provided
to participants referred by ADMINISTRATOR to the Santa Ana Workforce
Investment Board (WIB}, a division of CONTRACTOR. CONTRACTOR shall cooperate
with the California Department of Social Services (CDSS) on the implementation
of On-the-Job Training. Work Experience, and or Vocational Training activities
to the mutual satisfaction of COUNTY and CDSS, and with any and all future
requirements established by CDSS relating to calculation of required
participation hours for each participant.
3.2 Removal of barriers to employment shall be accomplished by a
variety of methods, inc]uding but not limited to the following:
3.2.1 Working with participants, MDT and educational providers
to develop job training and employment related interpersonal skills in one of
the following, but not limited to areas identified as growth oriented; meeting
an unmet community need; and in high demand for new employees:
3.2.1.1 Automation Technician (Data Entry)
3.2.1.2 Certified Nurse Assistant
3.2.1.3 Child Care Provider (Day Care Center)
3.2.1.4 Clerical
3.2.1.5 General Clerical
3.2.1.6 Health Services Clerical
3.2.1.7 Domestic Care Giver
3.2.1.8 Food Services
3.2.1.9 Hospitality
3.2.1.10 Protective Services
3.2.1.11 Transportation
ADMINISTRATOR may, in its sale discretion, revise the
career areas identified in this Paragraph to best meet the needs of the
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participant.
3.2.2 CONTRACTOR shall make every attempt to engage participants
and involve them in the development of a Training Plan that meets their 32/35-
hour WTW participation requirement. In formulating that plan, CONTRACTOR
shall take into account the participant's WTW Plan. COUPITY ~r1TW staff will
retain sole responsibility for final development and approval of the
participant's in On-the-Job Training, Work Experience, and or Training Plan.
3.3 COUNTY shall retain any and all rights to require pre-approval by
ADMINISTRATOR and/or limit any and all services provided by CONTRACTOR.
Services shall be provided in accordance with ADMINISTRATOR'S policies and
procedures and other instructions provided by ADMINISTRATOR.
3.4 ADMINISTRATOR may, in its sole discretion, change the services
required under Paragraph 3 to ensure full compliance with all requirements of
CDSS and all required subsequent changes to the County of Orange in On-the-Job
Training, Work Experience, and or Vocational Training Plan, changes to
requirements under the Welfare and Institutions Code, CDSS regulations or
Manual of Policies and Procedures.
4. ADDITIONAL CONTRACTOR RESPONSIBILITIES
4.1 Welfare Fraud:
4.1.1 If CaIWORKs eligibility or supportive services payment
fraud is suspected, either by the WTW participant or a service provider,
CONTRACTOR will make a referral to the appropriate CaIWORKs WTW Case Manager.
4.1.2 If service provider fraud is suspected, CONTRACTOR shall
report, in writing, the suspected fraud to ADMINISTRATOR.
4.2 Complaint Response:
4.2.1 CONTRACTOR shall develop, operate, and maintain procedures
for receiving, investigating, and responding to service provider and
participant complaints, including Civil Rights complaints. CONTRACTOR shall
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provide ADMINISTRATOR, in a format approved by ADMINISTRATOR, information
pertaining to such complaints within two (2) business days of the complaint.
4.3 Outside Contacts:
4.3.1 CONTRACTOR shall immediately inform COUNTY'S WTW Program
Manager, or a designee, of any inquiries from elected officials. their
representatives, participant advocates, or the press, and immediately provide
information permitting ADMINISTRATOR to respond.
4.3.2 CONTRACTOR shall consult with ADMINISTRATOR'S WTW Program
Manager, or a designee, prior to initiating contact with elected officials,
their representatives or participants advocates of the press.
4.4 Utilizing Computer Information Systems (CIS):
4.4.1 CONTRACTOR shall use CIS to receive referrals and to
record data regarding services provided. COUNTY shall provide a designated
number of CONTRACTOR'S personnel with sufficient training necessary to operate
the equipment, track cases, generate required reports, etc. CONTRACTOR, in
turn, shall provide this training to any subcontractors that will have on-line
access to CIS. COUNTY shall provide and maintain the necessary data
processing equipment, including personal computers. CONTRACTOR shall provide
a secure location for such equipment.
4.4.2 CONTRACTOR shall ensure that its personnel understand the
uses of CIS and follow CIS procedure.
5. FORMS
5.1 ADMINISTRATOR shall provide CONTRACTOR with a camera-ready copy of
all mandated forms. CONTRACTOR shall duplicate and distribute the forms to
subcontractors as needed.
6. FACILITIES
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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,
modify, or delete facility location(s) as necessary to best serve the needs
of participants and ADMINISTRATOR.
7. CASE RECORDS
7.1 CONTRACTOR shall keep updated case records of each participant
referred.
7.2 Such information shall be treated as confidential and released
only to ADMINISTRATOR as required or to others upon the written approval of
ADMINISTRATOR.
7.3 CONTRACTOR shall obtain, and maintain in the case record. a
written release from the participant that indicates informed consent and
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. All subcontractors shall treat all
confidential information in the same manner as CONTRACTOR, and in adherence to
the terms of this Agreement.
8. 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 participants who received 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
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8.1.6 Number of cases obtaining unsubsidized employment.
8.2 All reports sha]1 be prepared in a format approved by
ADMINISTRATOR.
8.3 CONTRACTOR shall immediately report any noncompliance issues to
ADMINISTRATOR such as, but not limited to, lack of participation, progress or
attendance.
8.4 ADMINISTRATOR may, in its sole discretion, add, delete, modify or
waive individual reporting requirements as stated in this Paragraph.
9. PERFORMANCE REVIEW
9.1 ADMINISTRATOR may use a variety of methods to evaluate
COPJTRACTOR's performance including, but not limited to:
9.1.1 Random sampling of program activities including a review
of case files;
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.
4.2 ADMINISTRATOR may require CDNTRACTOR to provide office space for
designated ADMINISTRATOR staff assigned to conduct performance reviews.
9.3 In the event that CONTRACTOR performs services unsatisfactorily,
ADMINISTRATOR may require a corrective plan. CONTRACTOR shall comply with any
such corrective action plan within the time specified by ADMINISTRATOR.
10. STAFF TRAINING
10.1 COUNTY shall provide CONTRACTOR with written program requirements.
including policies and general procedures, as requirements are revised or new
(WBC0607)
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policies are developed.
10.2 COUNTY staff will provide initial training to a designated number
of CGNTRACTOR's staff with respect to CaIWORKs regulations, ADh1INISTRATOR's
policies and procedures, and use of the CIS. Subsequent training must be
conducted by CONTRACTOR.
10.3 CONTRACTOR shall ensure that its staff receives training to
understand cultural differences among groups of participants, and to
effectively recognize and intervene to overcome any language and/or' cultural
barriers to employment that may be evident.
10.4 CONTRACTOR shall designate a staff person to maintain a log of in-
house training activities and participants.
11. NOURS OF OPERATION
At a minimum, CONTRACTOR shall maintain business hours of Monday through
Friday from the hours of 8:00 a.m. to 5:00 p.m. (COUNTY holidays excluded) as
well as scheduled evening and weekend hours to best meet the needs of
participants and their families.
12. BUDGET FOR PROVISION OF ON-THE-JOB TRAINING, WORK EXPERIENCE AND
VOCATIONAL TRAINING
The budget for services provided pursuant to Exhibit A of this Agreement
is set forth as follows:
12.1 Budget period July 1. 2007 - June 30, 2008
Max. Hrly.
Salaries and Benefits Wage`1' FTE`Z' FY06-07 Cost
Receptionist 15.36 0.15 5,972
Case Manager 22.05 2.00 104,274
Job Developer 22.05 .95 58,935
Fiscal Specialist 28.30 0.15 10.194
Workforce Specialist IV 36.83 0.50 44,634
Subtotal Salaries 224,009 /
Benefits`3' 71,046
(WBC0607) 7 Of 13 (April 9, 2007)
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Subtotal Salaries and Benefits
Operations
Communications
User Fee
Office Supplies
Equipment Rental
Other Contractual
Travel
Subscriptions
City Car
Insurance
IS Strategic Plan
Indirect Costs
Subtotal Operations
Participant Costs
Wages
Support Services
Training
Subtotal Participant Costs
Maximum County Obligation
12.2 Budget period July 1, 2008 - June 30, 2009
Max. Hrly.
Salaries and Benefits Wage`1' FT E`Z'
Receptionist 15.36 0 .15
Case Manager 22.05 2 .00
Job Developer 22.05 . 95
Fiscal Specialist 28.30 0 .15
Workforce Specialist IV 36.83 0 .50
Subtotal Salaries
Benefits`31
Subtotal Salaries and Benefits
Operations
~~ (WBC0607)
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295.055
3,360
10.808
1,643
80
15,133
740
150
860
3,770
2,405
- 13.060
52.009
172.800
4.104
108,000
~ 284,904
631.968
FY06-07 Cast
$ 5,972
104,274
58,935
10,194
44,634
224,009
71,046
~ 295,055 /
(April 9, 2007)
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Communications 3,360
User Fee 10.808
Office Supplies 1,643
Equipment Rental 80
Other Contractual 15.133
Travel 740
Subscriptions 150
City Car 860
insurance 3,770
IS Strategic Plan 2.405
Indirect Costs 13.060
Subtotal Operations S 52.D09
Particioant Costs
Wages .172,800 /
Support Services 4,104
Training 108,000 /
Subtotal Participant Costs S 284,904
Maximum County Obligation S 631,9b8
12.3 Budget period July 1, 2009 -June 30, 2010
Max. Hrly.
Salaries and Benefits Wage"' FTE`~' FY06-07 Cost
Receptionist 15.36 0.15 5,972
Case Manager 22.05 2.00 104,274
Job Developer 22.05 .95 58,935
Fiscal Specialist 28.30 0.15 10.194
Workforce Specialist IV 36.83 0.50 44,634
Subtotal Salaries 224,009
Benefits`3' 71,046
Subtotal Salaries and Benefits S 295,055
Operations
Communications 3,360
User Fee 10.808
Office Supplies 1,643
Equipment Rental 80
Other Contractual 15,133
cwacoea~) 9 of 13 capr;l 9. 2000
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Travel 740
Subscriptions 150
City Car 860
Insurance 3,770
IS Strategic Plan 2,405
Indirect Costs 13,060
Subtotal Operations S 52.009
Particioant Costs
Wages ]72,800
Support Services 4,104
Training 108,000
Subtotal Participant Costs S 284,904
Maximum County Obligation ~ ,631,968
"'Maximum hourly rate which will be permitted during the term of this
Agreement; employees may be paid at less than maximum rate.
`2'For hourly employees, Full-Time Equivalent (FTE) is defined as the
amount of time (stated as a percentage) the position will be providing
services under the terms of this Agreement. This 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
actually worked.
"'Medical, long term disability, retirement, pension, employee
assistance, FICA. SUI, Worker's Compensation and vacation accrual.
`4'Mileage is limited to the amount allowed by IRS.
12.4 CONTRACTOR and ADh1INISTRATOR 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 particularized in this and/or Paragraph 13 of Exhibit A
of this Agreement without changing the COUNTY's maximum obligation under this
Agreement.
13. STAFF
CONTRACTOR, through the Workforce Development Division of the Community
Development Department, shall be responsible for providing competent staff to
fulfill the terms of this Agreement. CONTRACTOR shall provide an adequate
number of bilingual staff as needed to provide services. All CONTRACTOR'S
(weccbo7l
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staff shall be able to read, write, speak and understand English. CONTRACTOR
shall provide the following described staff positions:
13.1 Receptionist
13.1.1 Duties:
13.1.1.1 Receive a large volume of visitors and telephone
calls, determines nature of business, directs callers to appropriate
destinations, and takes messages. Answers routine questions related to the
department. Represents the department on initial contact with the public.
13.1.1.2 Compiles, tabulates and assists in the
preparation of routine reports. Assists staff in assembling mailings. Keeps
records.
13.1.2 Qualifications:
13.1.2.1 Knowledge of business English and arithmetic;
general office practices and procedures: proper telephone etiquette.
13.1.2.2 Ability to follow oral and written instructions;
learn departmental functions, activities, organizational structure and names
of key personnel within a short period of time; handle a large volume of
incoming calls and visitors promptly, tactfully and equitably; write legibly
and use correct grammar; maintain effective working relationships with other
employees and the general public.
13.2 Case Manager
13.2.1 Duties:
13.2.1.1 Assist participants in defining and pursuing
career goals. Assess. advise and direct participants on job search
techniques. Prepare written reports on placement efforts, education and
worksite contact, and program effectiveness.
13.2.2 Qualifications:
13.2.2.1 Knowledge of problems participants have seeking
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employment, various alternative programs, and program effectiveness.
13.2.2.2 Ability to communicate effectively with
participants and employers: follow up leads on own initiative. match
participant capabilities with placement opportunities, and direct participants
to the most appropriate placement; establish and maintain effective working
relationships with employers and worksite supervisors, participants, other
City employees and the general public.
13.3 Job Developer
13.3.1 Duties:
13.3.1.1 Markets services to employers and to job-
seekers: maintains contacts within the business community to provide employers
with qualified candidates and to become partners in employers' business
growth.
13.3.1.2 Collects and compiles data, generates detailed
technical reports
13.3.2 Qualifications:
13.3.2.1 One year of progressively responsible workforce
dee~elopment program experience. College level coursework in related subjects
may be used in combination with experience to meet the necessary
qualifications.
13.3.2.2 Knowledge of state and federal regulations
pertaining to workforce development programs, including Welfare-To-Work:
public and private agencies providing resources to assist with workforce
development; community outreach and program marketing.
13.4 Fiscal Specialist
13.4.1 Duties:
13.4.1.1 Authorize payments of invoices; enter and
maintain payroll records; prepare contracts for all programs: monitor program
(WBC0607)
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operators for fiscal compliance.
13.4.2 Qualifications:
13.4.2.1 Minimum of one tl) year experience in
accounting, budgeting or monitoring/analyzing funding programs, and graduation
from an accredited four-year college or university with a degree in
accounting, finance, business administration, or related field.
13.5 Workforce Specialist IV
13.5.1 Duties:
13.5.1.1 Under direction, assists in the planning,
development and implementation of workforce development programs, including
Welfare-To-Work; staffs Workforce Investment Board; supervises. trains, and
evaluates assigned staff; directs day-to-day operations of assigned section to
ensure achievement of Workforce Investment Act and Welfare-To-Work goals.
13.5.2 Qualifications:
13.5.2.1 Three years of progressively responsible
workforce development program experience, including one year in a supervisor
or lead capacity. College level coursework in related subjects may be used in
combination with experience to meet the necessary qualifications.
13.5.2.2 Knowledge of objectives, practices and
procedures and state and federal regulations pertaining to workforce
development programs, including Welfare-To-Work; employment markets and
trends; public and private agencies providing resources to assist with
workforce development; principles and practices of marketing, public relations
and strategies for community outreach; principles and practices of contract
implementation and monitoring: methods of data collection and analysis;
budgeting methods and processes; principles and practices of supervision.
///
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I cwRCa6o>>
13 of 13 (April 9. 2007)
PRESENTATIONS
SPECIAL PRESENTATION -Annual Outstanding Historic Preservation Project Awards
2007 -Historic Resources Commission
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to the Orange
County Tobacco Use Prevention Coalition for assisting the City of Santa Ana in drafting
the first Tobacco Retail Licensing ordinance in Orange County
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM CLAUDIA
ALVAREZ to the Sponsors and Planning Steering Committee of the "Mother's Day
Celebration 2007" event
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
Santa Ana student recipients of the 2007 Gates Millennium Scholarship
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Mario Guerrero recognizing him as an "Emerging Youth of Santa Ana"
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to
the Orange County High School of the Arts in recognition of their 2007 Performance
Season
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent Calendar:
• Mayor Pulido pulled Item 39A for separate discussion
• Councilmember Benavidez pulled Item 23A for separate discussion
• Mayor ProTem Alvarez pulled Items 20A and 25J for separate discussion
Motion: Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items remoued for separate action or modif~d are highlighted. Separate actions show
the actual: vote. Items without votes are adopted as part of the consent motion.
CITY COUNCIL MINUTES 2 JUNE 4, 20D7
25. D. AGMT NO. 2007-131- MAINFRAME COMPUTER MAINTENANCE -
Execute an amendment with Symco Group, Inc., extending the agreement
for one year in an amount not to exceed $85,000 for mainframe computer
maintenance, equipment, and technical services - Finance &
Management Services Agency
25. E. AGMT N0. 2007-132 -COMPUTERIZED CASHIERING SYSTEM -
Execute an amendment with System Innovators Incorporated for one year
in an amount not to exceed $20,000 -Finance & Management Services
Agency
25.F. AGMT NO. 2007-133 -WAGES AND TERMS OF EMPLOYMENT -
Execute an agreement with the Police Management Association regarding
wages and other terms and conditions of employment -Personnel
Services Department
25.G. AGMT NO. 2007-134 - AUDIO VISUAL EQUIPMENT AND
INSTALLATION -Execute an agreement with Troxell Communications,
Inc. in an amount not to exceed $133,000 -Police Department
25.H. AGMT NO. 2007-135 -GIFT SHOP AT THE DEPOT AT SANTA ANA
LICENSE - Execute a second amendment to the License Agreement with
K. Lee Gifts -Community Development Agency
25.1. AGMT NO. 2007-136 -WELFARE-TO-WORK PROGRAMS -Execute an
agreement with the County of Orange Social Services Agency in the
amount of $631,970 -Community Development Agency
LAND USE MATTERS
CONDITIONAL USE PERMITSNARIANCES
31.A. CONDITIONAL USE PERMIT NO. 2007-06 - 5111 WEST EDINGER
AVENUE
Filed by Joe Thompson, T-Mobile, to install cellular antennas within a roof
mounted dome in the Community Commercial (C1) zoning district located
at 5111 West Edinger Avenue.
Motion: Receive and file the staff report approving Conditional Use Permit No.
2007-06 as conditioned.
31.B. CONDITIONAL USE PERMIT NO. 2007-05 AND VARIANCE NO. 2007-02
AND 2007-03 - 1625 EAST EIGHTEENTH STREET
Filed by PMR Incorporated, to obtain a conditional use permit to allow
parking in the B-suffix section of the lot and variances from the lot size and
street frontage standards fora 4,800 square foot office building at 1625
East Eighteenth Street.
Applicant: PMR Incorporated
CITY COUNCIL MINUTES 7 JUNE 4, 2007
Page 1 of 1
Mitre-Ramirez, Norma
From: Mitre-Ramirez, Norma
Sent: Monday, June 11, 2007 3:16 PM
To: Gonzalez, Beatriz
Subject: A-2007-136; O.C. Soc. Services -Welfare to Work
The agreement has been processed and ready for pick up. After you have obtained the signatures from the County Chair and
Clerk, please submit one original document to our office, as we need to keep an original in our files.
Thank you,
Norma Mitre
City of Santa Ana
(714}647-6520
6/11/2007