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HomeMy WebLinkAbout20B - APPROPRIATION ADJUSTMENT COUNTY OF ORANGE SOCIAL SERVICES REQUEST FOR COUNCIL ACTION ri CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 17, 2012 TITLE: APPROVED ? As Recommended APPROPRIATION ADJUSTMENT FOR ? As Amended ? Ordinance on 15t Reading COUNTY OF ORANGE SOCIAL SERVICES ? Ordinance on 2"d Reading AGENCY VOCATIONAL TRAINING AND ? Implementing Resolution WORK EXPERIENCE PROGRAM ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $800,000 awarded to the City of Santa Ana, Santa Ana WORK Center by the County of Orange Social Services Agency for vocational training and work experience activities. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the County of Orange Social Services Agency for vocational training and work experience activities, effective March 7, 2012 through June 30, 2013, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The County of Orange Social Services Agency administers a CalWORKs Welfare to Work (WTW) Program designed to provide case management, job services, job training, and supportive service to assist CalWORKs recipients to overcome barriers and obtain or maintain stable employment. The goal of the program is for the participating individuals to achieve economic self-sufficiency. County Welfare Departments may provide these services directly or may enter into contracts with private or public agencies for the provision of these services. The City of Santa Ana WORK Center has experience providing such services and was awarded an $800,000 contract to provide vocational training and work experience activities to CalWorks WTW participants. Staff will also provide case management, employability skills training, worksite development, and job placement services. The program will serve 26 participants from March 7, 2012 through June 30, 2012 and 80 participants from July 1, 2012 through June 30, 2013. 20B-1 AA for County of Orange SSA Vocational Training and Work Experience Program January 17, 2012 Page 2 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the County of Orange Social Services Agency Welfare to Work Program account (no. 12418737 - various). APPROVED AS TO FUNDS AND ACCOUNTS: I~ nam w rq e&t)a-~ ~~i,11,s~ ~ ; L¦~ Nancy T. wards Francisco Gutierrez Interim Ex utive Director Executive Director Community Development Agency Finance & Management Services Agency NTE/LAO/cd/sv Exhibit: 1. County of Orange Social Services Agency Agreement 20B-2 i 1 AGREEMENT 2 BETWEEN 3 COUNTY OF ORANGE 4 AND 5 CITY OF SANTA ANA 6 FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE 7 8 THIS AGREEMENT, entered into this 7th day of March, 2012, which date is 9 particularized for purpose of reference only, is by and between the COUNTY OF 10 ORANGE, hereinafter referred to as "COUNTY," and CITY OF SANTA ANA, a California 11 municipality, hereinafter referred to as "CONTRACTOR." This Agreement shall be 12 administered by the County of Orange Social Services Agency Director or 13 designee, hereinafter referred to as "ADMINISTRATOR." 14 15 WITNESSETH: 16 17 WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of 18 vocational training activities and work experience; and 19 WHEREAS, CONTRACTOR agrees to render such services on the terms and 20 conditions hereinafter set forth; 21 WHEREAS, such contracts are authorized and provided for pursuant to 22 California Welfare and Institutions Code Section 11200 et seq., also known as i 23 the California Work Opportunity and Responsibility to Kids (CalWORKS) Act of 24 1997: 25 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 26 27 28 EXHIBIT 1 (WAM0811) 1 of 40 (December 22, 2011) i 20B-3 1 TABLE OF CONTENTS 2 Page 3 1. TERM. 4 2. ALTERATION OF TERMS 4 4 3. DEFINITIONS. 4 5 4. STATUS OF CONTRACTOR 7 5. DESCRIPTION OF SERVICES, STAFFING...... 7 6 6. LICENSES AND STANDARDS 8 7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS 9 i 7 8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE.,,..,..... 11 9. NON-DISCRIMINATION 13 8 10. NOTICES 16 11. NOTICE OF DELAYS. 17 9 12. INDEMNIFICATION AND INSURANCE 17 13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS 18 10 14. CONFLICT OF INTEREST 19 15. ANTI-PROSELYTISM PROVISION 19 11 16. SUPPLANTING GOVERNMENT FUNDS 20 17. EQUIPMENT, 20 12 18. BREACH SANCTIONS 21 19. PAYMENTS. 22 13 20. OVERPAYMENTS. 24 21. OUTSTANDING DEBT 24 14 22. REVENUE 25 23. PROGRAM INCOME 25 15 24. FINAL REPORT. 26 25. INDEPENDENT AUDIT. 26 16 26. RECORDS, INSPECTIONS AND AUDITS 27 27, PERSONNEL DISCLOSURE. 29 17 28. EMPLOYMENT ELIGIBILITY VERIFICATION. 31 18 29. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING 32 30. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW,....... 32 19 31. CONFIDENTIALITY 32 32. COPYRIGHT ACCESS 33 20 33. WAIVER 33 34. PETTY CASH 34 21 35. PUBLICITY 34 36. COUNTY RESPONSIBILITIES 34 22 37. REFERRALS 35 38. REPORTS. 35 23 39. ENERGY EFFICIENCY STANDARDS 35 40, ENVIRONMENTAL PROTECTION STANDARDS 35 24 41. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 36 25 42, POLITICAL ACTIVITY. 37 43. TERMINATION PROVISIONS 37 j 26 44. GOVERNING LAW AND VENUE 38 45. SIGNATURE IN COUNTERPARTS 38 27 28 I (WAM0811) 2 of 40 (December 22, 2011) 20B-4 i i 1 EXHIBIT A 1. PROGRAM GOALS AND OBJECTIVES 1 2 2. POPULATION TO BE SERVED 2 3. SERVICES 3 3 4. CONTRACTOR RESPONSIBILITIES 4 5. PRINCIPLES 6 4 b. OUTSIDE CONTACTS 7 5 7. FACILITIES 7 8. REPORTING REQUIREMENTS. 7 6 9. PERFORMANCE MONITORING AND REVIEW 8 10. QUALITY CONTROL 9 7 11. WELFARE FRAUD 10 12. HANDLING COMPLAINTS 10 8 13. HOURS OF OPERATION 11 14. BUDGET FOR PROVISION OF VTR and WEX 11 9 15. STAFF 13 10 I 11 12 13 14 15 16 17 18 19 i 20 i 21 22 23 24 25 I 26 27 i 28 (WAM0811) 3 of 40 (December 22, 2011) 20B-5 I 1. TERM 2 The term of this Agreement shall commence on March 7, 2012, and 3 terminate on June 30, 2013, unless earlier terminated pursuant to the 4 provisions of Paragraph 43 of this Agreement: however, CONTRACTOR shall be 5 obligated to perform such duties as would normally extend beyond this term, 6 including but not limited to, obligations with respect to indemnification, 7 audits, reporting, and accounting. CONTRACTOR and ADMINISTRATOR may mutually 8 agree in writing to extend the term of this Agreement, for up to twelve (12) 9 additional months upon the same terms and conditions, provided that COUNTY's 10 total maximum obligation as stated in Subparagraph 19.1 of this Agreement does 11 not increase as a result. 12 2. ALTERATION OF TERMS 13 This Agreement, including any Exhibit(s) attached hereto and 14 incorporated by reference, fully expresses all understandings of the parties 15 and is the total Agreement between the parties as to the subject matter of 16 this Agreement. No addition to, or alteration of, the terms of this 17 Agreement, whether written or verbal, by the parties, their officers, agents, 18 or employees, shall be valid unless made in the form of a written amendment to 19 this Agreement which is formally approved and executed by both parties. 20 3. DEFINITIONS 21 3.1 Assessment: An evaluation of employability and the need for 22 support services considering work history, employment knowledge, skills, and 23 abilities: education and educational competency level; local labor market 24 conditions; and physical limitations or behavioral conditions. The types of 25 assessments utilized are Employment Readiness Assessment and Learning 26 Disability Evaluation and are provided through a separate contracted service 27 provider. 28 3.2 Barriers to Employment: Circumstances which interfere with (WAM0811) 4 of 40 (December 22, 2011) 20B-6 i I Welfare-To-Work (WTW) participation, employment, or job search. 2 3.3 CaIWORKs: The acronym for the California Work Opportunity and 3 Responsibility to Kids Act of 1997 as described in the state of California 4 Welfare and Institutions Code (WIC) Section 11200 et seq. 5 3,4 Multi-Disciplinary Team (MDT): A team of individuals with diverse 6 expertise that meets to review case and family elements to optimize the WTW 7 activities. MDT members may consist of staff from the following areas: 8 Social Services Agency (SSA) CaIWORKs; Facilitator; Domestic Abuse Services; 9 Behavior Health Services; Public Health Nurse; One-Stop Centers: SSA Children 10 and Families Services Senior Social Worker; educational providers; Job 11 Services and Employment Support: Vocational Assessment; WTW activity providers 12 who could benefit from, or contribute to, the discussion; and all other 13 relevant individuals. 14 3.5 One-Stop Centers: Employment-based facilities integrating COUNTY 15 and contracted service providers into single workforce centers, which provide 16 comprehensive career services and labor market information to participants 17 seeking jobs under various Federal and State funded programs. The centers are 18 established statewide under S.B 1417 (Chapter 819, Statutes of 1994), to ~ i 19 implement a collaborative system of employment, training and education 20 programs and services, in support of California's economic development. Santa 21 Ana One-Stop Center is also referred to as the W/O/R/K Center. 22 3.6 One-Stop Partner: One of the entities responsible for conducting 23 the day-to-day activities associated with the delivery of workforce 24 development services to employers and job seekers, including daily management, 25 supervision, and coordination of staff physically co-located at the One-Stop 26 Center. 27 3.7 Participant: Recipients of CaIWORKs financial assistance benefits 28 who are required to participate, or have voluntarily enrolled, in the WTW (WAM0811) 5 of 40 (December 22, 2011) I 20B-7 i i I program pursuant to State regulations. 2 3.8 Placement: An event that occurs when an employer hires a CaIWORKS j 3 WTW participant in an unsubsidized or subsidized employment position. 4 3.9 Santa Ana Workforce Investment Board (SA WIB): Established under 5 the Federal Workforce Investment Act (WIA) of 1998, SA WIB oversees workforce 6 investment activities that increase the employment, retention, and earnings of 7 participants, and increase attainment of occupational skills by participants. 8 Workforce investment activities authorized by WIA are provided at the local 9 level via the One-Stop Centers to individuals in need of those services, 10 including job seekers, dislocated workers, youth, incumbent workers, new 11 entrants to the workforce, veterans, persons with disabilities and employers. 12 3.10 Santa Ana Workforce Investment Board Case Manager (SA WIB CM): An 13 employee of the Santa Ana W/O/R/K Center, a division of the City of Santa Ana, 14 assigned to work with the CalWORKs participant and WTW staff throughout the 15 Vocational Training (VTR) and Work Experience (WEX) activities. The 16 responsibilities of the WIA Case Manager include the following: (1) handle the 17 eligibility determination process for all customers referred to program; (2) 18 review customer prerequisite for training, including career planning and using 19 labor market information; (3) assist with referrals to VTR or WEX; (4) prepare 20 and timely submit required paperwork; (6) screen and coordinate services with 21 other One-Stop Center partners; (6) coordinate training to placement 22 activities; and (7) offer supportive and follow-up services. 23 3.11 Supportive Services: Payments made by ADMINISTRATOR provided to 24 or on behalf of WTW participants for child care, transportation, and ancillary 25 expenses. 26 3.12 Welfare-To-Work (WTW): A mandated program under CalWORKs which 27 requires parents or caretakers in families on CaIWORKs assistance, unless 28 exempted, to meet work requirements by participating in WTW activities with a i (WAM0811) 6 of 40 (December 22, 2011) 20B-8 i i 1 goal of unsubsidized employment leading to self-sufficiency. 2 3.13 WTW Staff: An SSA employee or contracted case management staff, 3 either an Initial Services Worker (ISW) or WTW Case Manager (WTW CM), who is 4 assigned to each WTW participant to supervise the progression of the 5 participant through the WTW program and has primary responsibility to resolve 6 the participant's supportive services needs. 7 3.14 Welfare-To-Work Plan: A plan developed by WTW staff and the 8 participant that specifies work related activities in which the participant 9 shall engage and the supportive services to be provided to the participant, 10 3.15 Worksite: An employment site for WEX training activities at 11 public or private, for-profit or not-for-profit organizations. 12 4. STATUS OF CONTRACTOR 13 CONTRACTOR is and shall at all times be deemed to be an independent 14 contractor and shall be wholly responsible for the manner in which it performs 15 the services required of it by the terms of this Agreement. Nothing herein 16 contained shall be construed as creating the relationship of employer and 17 employee, or principal and agent, between COUNTY and CONTRACTOR or any of 18 CONTRACTOR's agents or employees. CONTRACTOR assumes exclusively the 19 responsibility for the acts of its employees or agents as they relate to 20 services to be provided during the course and scope of their employment. 21 CONTRACTOR, its agents, employees, and volunteers shall not be entitled 22 to any rights and/or privileges of COUNTY employees, and shall not be 23 considered in any manner to be COUNTY employees. 24 5. DESCRIPTION OF SERVICES, STAFFING 25 5,1 CONTRACTOR agrees to provide those services, facilities, equipment 26 and supplies as described in the Exhibit "A" to the Agreement between County 27 of Orange and City of Santa Ana for the Provision of Vocational Training 28 Activities and Work Experience, attached hereto and incorporated herein by (WAM0811) 7 of 40 (December 22, 2011) I 20B-9 I I I reference. CONTRACTOR shall operate continuously throughout the term of this 2 Agreement with the number and type of staff described and as required for 3 provision of services hereunder pursuant to the personnel disclosure 4 provisions of this Agreement. 5 5.2 Subject to thirty (30) days written notice, ADMINISTRATOR may, in 6 his or her sole discretion, require changes in staffing allocations to reflect 7 current workload demands or service needs as long as COUNTY's maximum 8 obligation as set forth in this Agreement is not exceeded. 9 5.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send lO appropriate staff to attend an orientation session and subsequent training 11 sessions given by COUNTY, 12 6. LICENSES AND STANDARDS 13 6.1 CONTRACTOR warrants that it has all necessary licenses and permits 14 required by the laws of the United States, State of California, County of 15 Orange, and all other appropriate governmental agencies, and agrees to I 16 maintain these licenses and permits in effect for the duration of this 17 Agreement. Further, CONTRACTOR warrants that its employees shall conduct 18 themselves in compliance with such laws and licensure requirements including, 19 without limitation, compliance with laws applicable to sexual harassment and 20 ethical behavior. 21 6.2 In the performance of this Agreement, CONTRACTOR shall comply, 22 unless waived in whole or in part by ADMINISTRATOR, with all applicable 23 provisions of the California Welfare and Institutions Code (WIC); Title 45 of 24 the Code of Federal Regulations (CFR); Federal Office of Management and Budget 25 (OMB) Circulars A-21, A-122, and A-87; Title 48 CFR Section 31.2; and all I 26 applicable laws and regulations of the United States, State of California, 27 County of Orange Social Services Agency and all administrative regulations, 28 rules and policies adopted thereunder as each and all may now exist or be I (WAM0811) 8 of 40 (December 22, 2011) 20B-10 i 1 hereafter amended. 2 6.2.1 For federally funded Agreements in the amount of $25,000 3 or more, CONTRACTOR certifies that said Agency's officers and/or principals 4 are not debarred or suspended from federal financial assistance programs 5 and/or activities. 6 7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS 7 7.1 Delegation and Assignment: 8 CONTRACTOR shall neither delegate its duties or obligations nor 9 assign its rights with respect to this Agreement, either in whole or in part. 10 Any such attempted delegation or assignment shall be void. The transfer of ! I assets in excess of ten percent of the total assets of CONTRACTOR, or any (10) 12 change in the corporate structure, the governing body, or the management of 13 CONTRACTOR, which occurs as a result of such transfer, shall be deemed an 14 assignment of benefits under the terms of this Agreement and shall be void. 15 7.2 Subcontracts: 16 CONTRACTOR shall not subcontract for services under this Agreement 17 without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents i 18 in writing to a subcontract, in no event shall the subcontract alter, in any 19 way, any legal responsibility of CONTRACTOR to COUNTY. All subcontracts must 20 be in writing and copies of same shall be provided to ADMINISTRATOR. 21 CONTRACTOR shall include in each subcontract any provision ADMINISTRATOR may f i 22 require. 23 7.2.1 Subcontracts of $25,000 or less: 24 CONTRACTOR shall develop a standard form Purchase Order, 25 subject to prior written approval of ADMINISTRATOR, to be utilized for the 26 purchase of services by CONTRACTOR when the cumulative total cost of the 27 services to be provided by any organization is anticipated to be twenty-five I 28 thousand dollars ($25,000) or less during the term of this Agreement. The (WAM0811) 9 of 40 (December 22, 2011) 20B-11 1 basis for costs incurred by any such Purchase Order(s) shall be the actual 2 cost of providing services or the usual and customary charges established by 3 the organization(s) providing the services. 4 7.2.2 Subcontracts in excess of $25,000: 5 CONTRACTOR shall develop and submit for approval to i 6 ADMINISTRATOR a system for the procurement of subcontracts with any i 7 organization in which the total cumulative cost of services provided by any 8 single organization is anticipated to exceed twenty-five thousand dollars 9 ($25,000) during the term of this Agreement. CONTRACTOR's proposed 10 procurement system shall take into consideration such factors as: degree of 11 price competition; pricing policies and techniques; experience and quality of 12 service; methods of evaluating subcontractor responsibility; relationship of 13 subcontractor to CONTRACTOR; and planning, award, and post-award management of 14 subcontracts, including internal audit procedures and monitoring of 15 subcontractor's performance until completion of services. 16 Upon ADMINISTRATOR's approval of CONTRACTOR's proposed 17 procurement system, CONTRACTOR shall comply with such procurement system in 18 obtaining subcontracts with a total cost in excess of twenty-five thousand 19 dollars ($25,000) during the term of this Agreement. In addition, CONTRACTOR i 20 shall obtain ADMINISTRATOR's written consent prior to entering into a 21 subcontract with any organization when the total cumulative cost of services 22 to be provided by that organization is anticipated to exceed twenty-five 23 thousand dollars ($25,000) during the term of this Agreement. 24 CONTRACTOR and its subcontractor (s) shall establish and 25 maintain accurate and complete financial records related to services provided 26 under the terms of this Agreement. Such records may be subject to the 27 satisfaction of ADMINISTRATOR, and to the examination and audit by 28 ADMINISTRATOR or designee, for a period of five (5) years, or until any (WAM0811) 10 of 40 (December 22, 2011) i 20B-12 f 1 pending audit is completed. 2 8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE 3 8.1 Form of Business Organization: 4 Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and 5 submit, within thirty (30) days thereafter, an affidavit executed by persons 6 satisfactory to ADMINISTRATOR containing, but not limited to, the following 7 information: 8 8.1,1 The form of CONTRACTOR's business organization, i.e., 9 proprietorship, partnership, corporation, etc. 10 8.1.2 A detailed statement indicating the relationship of 11 CONTRACTOR, by way of ownership or otherwise, to any parent organization or 12 individual, 13 8.1.3 A detailed statement indicating the relationship of 14 CONTRACTOR to any subsidiary business organization or to any individual who 15 may be providing services, supplies, material or equipment to CONTRACTOR or in 16 any manner does business with CONTRACTOR under this Agreement. 17 8.2 Change in Form of Business Organization: 18 If during the term of this Agreement the form of CONTRACTOR's 19 business organization changes, or the ownership of CONTRACTOR changes, or 20 CONTRACTOR's relationship to other businesses dealing with CONTRACTOR under 21 this Agreement changes, CONTRACTOR shall promptly notify ADMINISTRATOR, in E 22 writing, detailing such changes. A change in the form of business 23 organization may, at COUNTY's sole discretion, be treated as an attempted 24 assignment of rights or delegation of duties of this Agreement. 25 8.3 Real Property Disclosure: I 26 If CONTRACTOR is occupying any real property under any agreement, 27 oral or written, where persons are to receive services hereunder, CONTRACTOR 28 shall submit the following information in addition to a copy of the lease, I (WAM0811) 11 of 40 (December 22, 2011) 20B-13 i I license or rental agreement, as well as any other information requested, prior 2 to the provision of services under this Agreement: 3 8.3.1 The location by street address and city of any such real 4 property. 5 8.3.2 The fair market value of any such real property as such 6 value is reflected on the most recently issued County Tax Collector's tax I 7 bill. 8 8.3,3 A detailed description of all existing and pending 9 agreements, with respect to the use or occupation of any such real property. 10 Such description shall include, but not be limited to: 11 8.3.3.1 The term duration of any rental, lease or 12 license agreement; 13 8.3.3.2 The amount of monetary consideration to be paid 14 to the lessor or licensor over the term of the rental, lease or license j 15 agreement; 16 8.3.3.3 The type and dollar value of any other 17 consideration to be paid to the lessor or licensor; j 18 8.3.3.4 The full names and addresses of all parties to 19 any agreement concerning the real property and a listing of liens (if any) 20 thereof, together with a listing by full names and addresses of all officers, 21 directors and stockholders of any private corporation, and a similar listing 22 of all general and limited partners of any partnership which is a party. 23 8.3.4 A listing by full names of all of CONTRACTOR'S officers, 24 directors and/or partners, members of its administrative and advisory boards, 25 staff and consultants, who have any family relationship by marriage or blood 26 with a party to any agreement concerning real property referred to in 27 Subparagraph 8.3.3, immediately above, or who have any present or future 28 financial interest in such person's business, whether the entity concerned is (WAM0811) 12 of 40 (December 22, 2011) 20B-14 i l I a corporation or partnership. Such listing shall also include the full names 2 of all of CONTRACTOR's officers, directors, partners and those holding a 3 financial interest. Included are members of its advisory boards, members of 4 its staff and consultants, who have any family relationship by marriage or 5 blood to an officer, director, or stockholder of the corporation or to any 6 partner of the partnership. In preparing the latter listing, CONTRACTOR shall 7 also indicate the names of the officers, directors, stockholders, or 8 partner(s), as appropriate, and the family relationship which exists between i 9 such person(s) and CONTRACTOR's representatives listed. 10 8.3.5 True and correct copies of all agreements with respect to 11 any such real property shall be appended to the affidavit described above and 12 made a part thereof. If, during the term of this Agreement, there is a change 13 in the agreement(s) with respect to real property where persons receive 14 services, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing, 15 describing such changes. 16 9. NON-DISCRIMINATION 17 9.1 In the performance of this Agreement, CONTRACTOR agrees that it 18 shall not engage nor employ any unlawful discriminatory practices in the 19 admission of clients, provision of services or benefits, assignment of 20 accommodations, treatment, evaluation, employment of personnel or in any other 21 respect on the basis of sex, race, color, ethnicity, national origin, 22 ancestry, religion, age, marital status, medical condition, sexual 23 orientation, sexual preference, physical or mental disability or any other 24 protected group in accordance with the requirements of all applicable Federal 25 or State laws. 26 9.2 CONTRACTOR shall develop an Affirmative Action Program Plan which 27 meets the lawful and applicable requirements of the U.S. Department of Health 28 and Human Services. (WAM0811) 13 of 40 (December 22, 2011) 20B-15 i 1 9.3 CONTRACTOR shall furnish any and all information requested by 2 ADMINISTRATOR and shall permit ADMINISTRATOR access, during business hours, to 3 books, records and accounts in order to ascertain CONTRACTOR's compliance with 4 Paragraph 9 et seq. 5 9.4 CONTRACTOR shall comply with Executive Order 11246, entitled 6 "Equal Employment Opportunity," as amended by Executive Order 11375 and as l 7 supplemented in Department of Labor regulations (Title 41 CFR Part 60). 8 9.5 Non-Discrimination in Employment 9 9.5.1 All solicitations or advertisements for employees placed 10 by or on behalf of CONTRACTOR shall state that all qualified applicants will 11 receive consideration for employment without regard to sex, race, color, 12 ethnicity, national origin, ancestry, religion, age, marital status, medical 13 condition, sexual orientation, sexual preference, physical or mental 14 disability or any other protected group in accordance with the requirements of 15 all applicable Federal or State laws. Notices describing the provisions of 16 the equal opportunity clause shall be posted in a conspicuous place for 17 employees and job applicants. 18 9.5.2 CONTRACTOR shall refer any and all employees desirous of 19 filing a formal discrimination complaint to: 20 California Department of Social Services 21 Public Inquiry and Response Bureau 22 P.O. Box 944243, M.S. 8-3-23 f 23 Sacramento, CA 94244-2430 I 24 Telephone: (800) 952-5253 25 (800) 952-8349 (For the hard of hearing) 26 9.6 Non-Discrimination in Service Delivery 27 9.6.1 CONTRACTOR shall comply with Titles VI and VII of the 28 Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of (WAM0811) 14 of 40 (December 22, 2011) 20B-16 I i i 1 1973, as amended; the Age Discrimination Act of 1975, as amended, the Food 2 Stamp Act of 1977, as amended, and in particular Section 272.6; Title II of 3 the Americans with Disabilities Act of 1990; California Civil Code Section 51 4 et seq., as amended; California Government Code (CGC) Sections 11135-11139.5, 5 as amended; CGC Section 12940 (c), (h) (1), (i), and (j); CGC Section 4450; 6 Title 22, California Code of Regulations (CCR) Sections 98000-98413; Title 24, i 7 CCR Section 3105A(e); the Dymally-Alatorre Bilingual Services Act (CGC Section 8 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption 9 Act of 1996; and other applicable Federal and State laws, as well as their 10 implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7 it CFR Part 15; and Title 28 CFR Part 42), and any other law pertaining to Equal 12 Employment Opportunity, Affirmative Action and Nondiscrimination as each may 13 now exist or be hereafter amended. CONTRACTOR shall not implement any 14 administrative methods or procedures which would have a discriminatory effect 15 or which would violate the California Department of Social Services (CDSS) 16 Manual of Policies and Procedures (MPP) Division 21, Chapter 21-100. If there 17 are any violations of this paragraph, CDSS shall have the right to invoke 18 fiscal sanctions or other legal remedies in accordance with WIC Section 10605, 19 or CGC Sections 11135-11139.5, or any other laws, or the issue may be referred 20 to the appropriate Federal agency for further compliance action and 21 enforcement of Subparagraph 9.6 et seq. 22 9.6.2 CONTRACTOR shall provide any and all clients desirous of 23 filing formal complaint any and all information as appropriate: 24 9.6.2.1 Pamphlet: "Your Rights Under California Welfare j 25 Programs" (PUB 13) 26 9.6.2.2 Discrimination Complaint Form 27 9.6.2.3 Civil Rights Contacts: 28 (WAM0811) 15 of 40 (December 22, 2011) 20B-17 i I ' I I County Civil Rights Contact: 2 Orange County Social Services Agency 3 Program Integrity 4 Attn: Civil Rights Coordinator 5 P.O. Box 22001 6 Santa Ana, CA 92702-2001 7 Telephone: (714) 438-8880 8 State Civil Rights Contact: 9 California Department of Social Services 10 Civil Rights Bureau 11 P.O. Box 944243, M.S. 8-16-70 12 Sacramento, CA 94244-2430 13 Federal Civil Rights Contact: 14 U.S. Department of Health and Human Services 15 Office of Civil Rights 16 50 U.N. Plaza, Room 322 17 San Francisco, CA 94102 18 10. NOTICES 19 All notices, claims, correspondence, reports, and/or statements 20 authorized or required by this Agreement shall be addressed as follows: 21 COUNTY: County of Orange Social Services Agency Contract Services 22 888 N. Main Street 23 Santa Ana, CA 92701 24 CONTRACTOR: Santa Ana W/O/R/K Center 1000 E. Santa Ana Blvd., Suite 200 25 Santa Ana, CA 92701 26 All notices shall be deemed effective when in writing and deposited in 27 the United States mail, first class, postage prepaid and addressed as above. i 28 Any notices, claims, correspondence, reports, and/or statements authorized or i (WAM0811) 16 of 40 (December 22, 2011) 20B-18 i~ I I required by this Agreement addressed in any other fashion shall be deemed not 2 given. ADMINISTRATOR and CONTRACTOR may mutually agree in writing to change 3 the addresses to which notices are sent. I 4 11, NOTICE OF DELAYS 5 Except as otherwise provided under this Agreement, when either party has 6 knowledge that any actual or potential situation is delaying or threatens to 7 delay the timely performance of this Agreement, that party shall, within one 8 (1) business day, give notice thereof, including all relevant information with 9 respect thereto, to the other party. 10 12, INDEMNIFICATION AND INSURANCE 11 12.1 CONTRACTOR agrees to indemnify, defend with counsel approved in 12 writing by COUNTY, and hold U.S. Department of Health and Human Services, the 13 State, COUNTY, and their elected and appointed officials, officers, employees, I 14 agents and those special districts and agencies which COUNTY's Board of i 15 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from 16 any claims, demands or liability of any kind or nature, including but not 17 limited to personal injury or property damage, arising from or related to the 18 services, products or other performance provided by CONTRACTOR pursuant to 19 this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a 20 court of competent jurisdiction because of the concurrent active negligence of 21 COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will 22 be apportioned as determined by the court. Neither party shall request a jury 23 apportionment. 24 12.2 COUNTY agrees to indemnify, and hold CONTRACTOR, its officers, 25 employees, and agents harmless from any claims, demands or liability of any 26 kind or nature, including but not limited to personal injury or property 27 damage, arising from or related to the services, products or other performance 28 provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against (WAM0811) 17 of 40 (December 22, 2011) 20B-19 i 1 CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 2 concurrent active negligence of CONTRACTOR, COUNTY and CONTRACTOR agree that 3 liability will be apportioned as determined by the court. Neither party shall 4 request a jury apportionment. I 5 12.3 CONTRACTOR certifies it is self-insured against the perils of 6 bodily injury/property damage, automobile liability, professional liability, 7 workers' compensation, and sexual harassment. Should there be any material 8 change in the provisions of the self-insurance program, CONTRACTOR shall 9 provide thirty (30) days prior written notice to COUNTY. 10 12.4 Neither termination of this Agreement nor completion of the acts it to be performed under this Agreement shall release any party from its 12 obligation to indemnify as to claims or cause of action asserted. 13 12.5 Without limiting CONTRACTOR's liability for indemnification, 14 CONTRACTOR attests that it is self-insured and shall maintain in force at all 15 times during the term of this Agreement self-insurance covering its operations 16 in the amounts acceptable to COUNTY. 17 12.6 If CONTRACTOR fails to maintain proof of insurance acceptable to i 18 the COUNTY for the full term of this Agreement. COUNTY may terminate this 19 Agreement. 20 12.7 Letter of self-insurance evidencing the required insurance 21 coverage shall be mailed to the County of Orange/SSA Contract Services, Attn: 22 Contract Administrator upon request. 23 13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS 24 CONTRACTOR shall report to COUNTY: 25 13.1 Any accident or incident relating to services performed under this 26 Agreement which involves injury or property damage which may result in the 27 filing of a claim or lawsuit against CONTRACTOR and/or COUNTY. Such report 28 shall be made in writing within twenty-four (24) hours of occurrence. (WAM0811) 18 of 40 (December 22. 2011) 20B-20 I I I 1 13.2 Any third party claim or lawsuit filed against CONTRACTOR arising 2 from or related to services performed by CONTRACTOR under this Agreement. 3 Such report shall be submitted to COUNTY within twenty-four (24) hour of 4 occurrence, 5 13,3 Any injury to an employee of CONTRACTOR that occurs on COUNTY 6 property. Such report shall be submitted to COUNTY within twenty-four (24) 7 hours of occurrence, 8 13.4 Any loss, disappearance, destruction, misuse, or theft of any kind 9 whatsoever of COUNTY property, monies, or securities entrusted to CONTRACTOR 10 under the term of this Agreement. Such report shall be submitted to COUNTY 11 within twenty-four (24) hour of occurrence. 12 14. CONFLICT OF INTEREST 13 CONTRACTOR shall exercise reasonable care and diligence to prevent any 14 actions or conditions that could result in a conflict with the best interests 15 of COUNTY. This obligation shall apply to CONTRACTOR's employees, agents, 16 relatives, subcontractors, and third parties associated with accomplishing the 17 work hereunder. 18 CONTRACTOR's efforts shall include, but not be limited to, establishing 19 precautions to prevent its employees or agents from making, receiving, 20 providing, or offering gifts, entertainment, payments, loans, or other i 21 considerations which could be deemed to appear to influence individuals to act 22 contrary to the best interests of COUNTY. 23 15. ANTI-PROSELYTISM PROVISION 24 No funds provided directly to institutions or organizations to provide 25 services and administer programs under Title 42 United States Code (USC) 26 Section 604(a)(1)(A) shall be expended for sectarian worship, instruction, or 27 proselytization, except as otherwise permitted by law. 28 (WAM0811) 19 of 40 (December 22, 2011) 20B-21 i f I I 1 16. SUPPLANTING GOVERNMENT FUNDS 2 CONTRACTOR shall not supplant any Federal, State or COUNTY funds 3 intended for the purposes of this Agreement with any funds made available 4 under this Agreement. CONTRACTOR shall not claim reimbursement from COUNTY 5 for, or apply sums received from COUNTY with respect to, that portion of its 6 obligations which have been paid by another source of revenue. CONTRACTOR 7 agrees that it shall not use funds received pursuant to this Agreement, either 8 directly or indirectly, as a contribution or compensation for purposes of 9 obtaining Federal, State or COUNTY funds under any Federal, State or COUNTY 10 program without prior written approval of ADMINISTRATOR. 11 17. EQUIPMENT 12 17.1 All items purchased with funds provided under this Agreement or 13 which are furnished to CONTRACTOR by COUNTY which have a single unit cost of 14 at least five thousand dollars ($5,000.00), including sales tax, shall be I 15 considered Capital Equipment. Title to all items of Capital Equipment 16 purchased vests and will remain in COUNTY as such shall be designated by 17 ADMINISTRATOR. The use of such items of Capital Equipment is limited to the 18 performance of this Agreement. Upon the termination of this Agreement, 19 CONTRACTOR shall immediately return any items of Capital Equipment to COUNTY 20 or its representatives, or dispose of them in accordance with the directions 21 of ADMINISTRATOR. 22 CONTRACTOR further agrees to the following: 23 17.1.1 To maintain all items of Capital Equipment in good working 24 order and condition, normal wear and tear excepted. 25 17.1.2 To label all items of Capital Equipment, do periodic 26 inventories as required by ADMINISTRATOR and to maintain an inventory list 27 showing where and how the Capital Equipment is being used, in accordance with 28 procedures developed by ADMINISTRATOR. All such lists shall be submitted to (WAM0811) 20 of 40 (December 22, 2011) 20B-22 i I ADMINISTRATOR within ten (10) days of any request therefore. 2 17.1.3 To report in writing to ADMINISTRATOR immediately after 3 discovery, the loss or theft of any items of Capital Equipment. For stolen 4 items, the local law enforcement agency must be contacted and a copy of the i 5 police report submitted to ADMINISTRATOR. 6 17.1.4 To purchase a policy or policies of insurance covering j 7 loss or damage to any and all Capital Equipment purchased under this 8 Agreement, in the amount of the full replacement value thereof, providing 9 protection against the classification of fire, extended coverage, vandalism, 10 malicious mischief and special extended perils (all risks) covering the 11 parties' interests as they appear. 12 17.2 The purchase of any Capital Equipment by CONTRACTOR shall be 13 requested in writing, shall require the prior written approval of 14 ADMINISTRATOR, and shall fulfill the provisions of this Agreement which are 15 appropriate and directly related to CONTRACTOR's service or activity under the 16 terms of the Agreement. COUNTY may refuse reimbursement for any costs i 17 resulting from Capital Equipment purchased, which are incurred by CONTRACTOR, i 18 if prior written approval has not been obtained from ADMINISTRATOR. 19 17,3 No personal computers or any component thereof may be purchased 20 with funds provided under this Agreement. 21 18. BREACH SANCTIONS I 22 Failure by CONTRACTOR to comply with any of the provisions, covenants, 23 or conditions of this Agreement shall be a material breach of this Agreement. 24 In such event ADMINISTRATOR may, in its sole discretion, and in addition to 25 immediate termination and any other remedies available at law, in equity, or 26 otherwise specified in this Agreement: 27 18.1 Afford CONTRACTOR a time period within which to cure the breach, 28 which period shall be established at the sole discretion of ADMINISTRATOR; (WAM0811) 21 of 40 (December 22, 2011) 20B-23 i i 1 and/or i 2 18.2 Discontinue reimbursement to CONTRACTOR for and during the period 3 in which CONTRACTOR is in breach, which reimbursement shall not be entitled to I 4 later recovery; and/or j I 5 18.3 Offset against any monies billed by CONTRACTOR but yet unpaid by 6 COUNTY those monies disallowed pursuant to Subparagraph 18.2 above. 7 ADMINISTRATOR will give CONTRACTOR written notice of any action 8 pursuant to this paragraph, which notice shall be deemed served on the date of 9 mailing. 10 19. PAYMENTS 11 19.1 Maximum Contractual Obligation: 12 The total maximum obligation of COUNTY under this Agreement shall 13 not exceed the amount of $800,000; the amount of $200,000 for March 7, 2012 14 through June 30, 2012 and the amount of $600,000 for July 1, 2012 through June 15 30, 2013, or actual allowable costs, whichever is less. 16 19.2 Allowable Costs: 17 During the term of this Agreement, COUNTY shall pay CONTRACTOR 18 monthly in arrears, for actual allowable costs incurred and paid by CONTRACTOR 19 pursuant to this Agreement, as defined in OMB Circular A-87 or as approved by 20 ADMINISTRATOR. However, COUNTY, in its sole discretion, may pay CONTRACTOR 21 for anticipated allowable costs that will be incurred by CONTRACTOR for June 22 2012 and June 2013, during the month of such anticipated expenditure. 23 19.3 Claims: 24 19.3.1 CONTRACTOR shall submit monthly reimbursement claims to 25 be received by ADMINISTRATOR no later than the twentieth (20th) calendar day of 26 the month for expenses incurred in the preceding month. In the event the 27 twentieth (20th) calendar day falls on a weekend or COUNTY holiday, CONTRACTOR 28 shall submit the claim the next business day. COUNTY holidays include New (WAM0811) 22 of 40 (December 22, 2011) i 20B-24 1 Year's Day, Martin Luther King Day, President Lincoln's Birthday, Presidents' 2 Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, 3 Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. i 4 19.3.2 All reimbursement claims must be submitted on a form 5 approved by ADMINISTRATOR. ADMINISTRATOR may require CONTRACTOR to submit 6 supporting source documents with the monthly claim, including, inter alia, a 7 monthly statement of services, general ledgers, supporting journals, time 8 sheets, invoices, canceled checks, receipts, and receiving records, some of 9 which may be required to be copied. Source documents that CONTRACTOR must 10 submit shall be determined by ADMINISTRATOR and/or the COUNTY's Auditor- I 11 Controller. CONTRACTOR shall retain all financial records in accordance with 12 Paragraph 26 (Records, Inspections, and Audits) of this Agreement, 13 19.3.3 Payments should be released by COUNTY within a reasonable 14 time period of approximately thirty (30) days after receipt of a correctly 15 completed claim form and required supporting documentation. 16 19.4 Year End and Final Claims: 17 19,4.1 Final claims for the term of March 7, 2012 through June I 18 30, 2012, must be received no later than August 30, 2012 at 5:00 p.m. 19 19,4.2 Final claims for the term of July 1, 2012 through June 30, 20 2013, must be received no later than August 30, 2013 at 5:00 p.m. 21 19.4.3 Claims received after the dates specified in Subparagraphs 22 19. and 19.4. may not be reimbursed. ADMINISTRATOR may, in its sole 23 discretion, modify the date upon which the final claim per term must be 24 received, upon written notice to CONTRACTOR. 25 19.4.4 The basis for final settlement shall be the actual 26 allowable costs as defined in Title 45 CFR and OMB Circular A-87, incurred and 27 paid by CONTRACTOR pursuant to this Agreement; limited, however, to the 28 maximum obligation of COUNTY. In the event that any overpayment has been I (WAM0811) 23 of 40 (December 22, 2011) i 20B-25 I made, COUNTY may offset the amount of the overpayment against the final 2 payment. In the event overpayment exceeds the final payment, CONTRACTOR shall 3 pay COUNTY all such sums within five (5) days of notice from COUNTY. Nothing 4 herein shall be construed as limiting the remedies of COUNTY in the event an 5 overpayment has been made. 6 19.5 Seventy-Five Percent Expenditure Notifications: 7 19.5.1 CONTRACTOR shall maintain a system of record keeping that 8 will allow CONTRACTOR to determine when it has incurred seventy-five percent i i 9 (75%) of the total contract authorizations under this Agreement. Upon 10 occurrence of this event, CONTRACTOR shall send written notification to 11 ADMINISTRATOR. 12 20. OVERPAYMENTS 13 Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which i 14 CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in 15 accordance with any applicable regulations and/or policies in effect during 16 the term of this Agreement, or as established by COUNTY procedure. Any 17 overpayments made by COUNTY which result from a payment by any other funding 18 source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the 19 funding source. Unless earlier repaid, CONTRACTOR shall make repayment within 20 thirty (30) days after the date of the final audit findings report and prior 21 to any administrative appeal process. In the event an overpayment owing by 22 CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR 23 shall reimburse COUNTY within thirty (30) days thereafter and prior to any 24 administrative appeal process. CONTRACTOR agrees to pay all costs incurred by 25 COUNTY necessary to enforce the provisions set forth in this paragraph. 26 21. OUTSTANDING DEBT 27 CONTRACTOR shall have no outstanding debt with ADMINISTRATOR, or shall 28 be in the process of resolving outstanding debt to ADMINISTRATOR's (WAM0811) 24 of 40 (December 22, 2011) 20B-26 i 1 satisfaction, prior to entering into and during the term of this Agreement. 2 22. REVENUE 3 22.1 Whenever CONTRACTOR receives any money specifically designated for j 4 use in programs funded through this Agreement, such monies shall be considered 5 a cost off-set and treated as a reduction against the amount claimed by 6 CONTRACTOR, except for Program Income as defined in Title 45 CFR Section I 7 92.25, as that section currently exists or may be hereafter amended. The 8 procedure for designating money as Program Income is set forth in Paragraph 23 9 of this Agreement. 10 23. PROGRAM INCOME 11 It is mutually understood that the State or Federal agency responsible 12 for providing the funding for this Agreement may designate certain revenue of j 13 CONTRACTOR as Program Income. To be designated as Program Income and, 14 therefore, as other than a cost off-set, CONTRACTOR shall do all of the 15 following: 16 23.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed 17 Program Income; 18 23.2 Set up and maintain a separate bank account for any proposed 19 Program Income and account for any and all such income received; and 20 23.3 Report to ADMINISTRATOR any and all Program Income received no 21 later than thirty (30) days from the date of receipt, record the amount 22 received on internal financial records, and indicate the amount received on 23 the monthly claim submitted to ADMINISTRATOR. i 24 23.4 ADMINISTRATOR will then forward the plan for the requested use of 25 the proposed Program Income to the appropriate State and/or Federal agencies 26 for approval. 27 23.5 CONTRACTOR shall not spend any of the proposed Program Income 28 unless or until such time as ADMINISTRATOR obtains authorization for the use (WAM0811) 25 of 40 (December 22. 2011) 20B-27 i, 1 of the Program Income from the responsible State and/or Federal agency and 2 provides CONTRACTOR with prior written approval for the use of the funds. 3 23.6 ADMINISTRATOR may, in its sole discretion, issue future policy 4 statements and/or instructions with respect to Program Income. CONTRACTOR 5 shall immediately comply with such policy statements and/or instructions. I 6 24. FINAL REPORT 7 CONTRACTOR shall complete and submit to ADMINISTRATOR a final report 8 within sixty (60) days after the termination of this Agreement, which shall 9 summarize the activities and services provided by CONTRACTOR during the term 10 of this Agreement, CONTRACTOR and ADMINISTRATOR may mutually agree in writing I 11 to modify the date upon which the final report must be submitted. 12 25. INDEPENDENT AUDIT 13 25.1 CONTRACTOR shall employ a licensed certified public accountant who 14 shall prepare and file with ADMINISTRATOR an annual organization-wide audit of 15 related expenditures during the term of this Agreement in compliance with the 16 OMB Circular A-133, Audits of States, Local Governments and Non-Profit 17 Organizations. The audit must be performed in accordance with generally 18 accepted government auditing standards and OMB Circular A-87. i 19 25.2 It is mutually understood that CONTRACTOR's organization-wide I 20 audit covers fiscal years beginning July 1 and ending June 30. CONTRACTOR 21 agrees to provide ADMINISTRATOR with a copy of its organization-wide audit for 22 the period July 1, 2011, through June 30, 2012, by August 30, 2012. 23 CONTRACTOR further agrees to provide ADMINISTRATOR with copies of its 24 organization-wide audits for the period July 1, 2012, through June 30, 2013, 25 by August 30, 2013. Failure to provide a copy of the organization-wide 26 audits, for the period March 7, 2012, through June 30, 2013, shall be 27 sufficient cause for ADMINISTRATOR, in its sole discretion, to deny payment 28 under this or any subsequent Agreement with CONTRACTOR until such time as the (WAM0811) 26 of 40 (December 22, 2011) 20B-28 I i I required audits are provided to ADMINISTRATOR. ADMINISTRATOR may, in its sole 2 discretion, modify the date upon which the organization-wide audits must be 3 received, upon notice to CONTRACTOR. I 4 26. RECORDS, INSPECTIONS AND AUDITS 5 26.1 Financial Records: 6 26. CONTRACTOR shall prepare and maintain accurate and 7 complete financial records. Financial records shall be retained, by 8 CONTRACTOR, for a minimum of five (5) years from the date of final payment 9 under this Agreement or until all pending COUNTY, State and Federal audits are 10 completed, whichever is later. 11 26.1.2 CONTRACTOR shall establish and maintain reasonable 12 accounting, internal control and financial reporting standards in conformity 13 with generally accepted accounting principles established by the American 14 Institute of Certified Public Accountants and to the satisfaction of 15 ADMINISTRATOR. 16 26.2 Participant Records: 17 26.2. CONTRACTOR shall prepare and maintain accurate and 18 complete records of participants served and dates and type of services 19 provided under the terms of this Agreement in a form acceptable to 20 ADMINISTRATOR. 21 26.2.2 All participant records related to services provided under 22 the terms of this Agreement shall be retained by CONTRACTOR for a minimum of 23 five (5) years from the date of final payment under this Agreement or until 24 all pending COUNTY, State, and Federal audits are completed, whichever is 25 later. Notwithstanding anything to the contrary, upon termination of this 26 Agreement, CONTRACTOR shall relinquish control with respect to participant 27 records to COUNTY in accordance with Subparagraph 43.2, j 28 26.2.3 COUNTY may refuse payment for a claim if participant (WAM0811) 27 of 40 (December 22, 2011) I 20B-29 i I records are determined by COUNTY to be incomplete or inaccurate. In the event 2 participant records are determined to be incomplete or inaccurate after 3 payment has been made, COUNTY may treat such payment as an overpayment within 4 the provisions of this Agreement. 5 26.3 Public Records: 6 With the exception of participant records or other records 7 referenced in Paragraph 31, entitled Confidentiality, all records, including 8 but not limited to, reports, audits, notices, claims, statements and 9 correspondence, required by this Agreement may be subject to public 10 disclosure. COUNTY will not be liable for any such disclosure. 11 26.4 Inspections and Audits: 12 26.4.1 The U.S. Department of Health and Human Services, 13 Comptroller General of the United States, Director of CDSS, State Auditor- 14 General, ADMINISTRATOR, COUNTY's Auditor-Controller and Internal Audit 15 Department, or any of their authorized representatives, shall have access to 16 any books, documents, papers and records, including medical records, of 17 CONTRACTOR which any of them may determine to be pertinent to this Agreement 18 for the purpose of financial monitoring. Further, all the above mentioned 19 persons have the right at all reasonable times to inspect or otherwise 20 evaluate the work performed or being performed under this Agreement and the 21 premises in which it is being performed. 22 26.4.2 CONTRACTOR shall make available its books and financial 23 records within the borders of Orange County within ten (10) days after receipt 24 of written demand by ADMINISTRATOR. 25 26.4.3 In the event CONTRACTOR does not make available its books 26 and financial records within the borders of Orange County, CONTRACTOR agrees 27 to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY's 28 designee, necessary to obtain CONTRACTOR's books and financial records. (WAM0811) 28 of 40 (December 22, 2011) I 20B-30 i 1 26.4.4 CONTRACTOR shall pay to COUNTY the full amount of COUNTY's 2 liability to the State or Federal government or any agency thereof resulting 3 from any disallowances or other audit exceptions to the extent that such 4 liability is attributable to CONTRACTOR's failure to perform under this 5 Agreement. 6 26.5 Evaluation Studies: 7 CONTRACTOR shall participate as requested by COUNTY in research 8 and/or evaluative studies designed to show the effectiveness and/or efficiency 9 of CONTRACTOR's services or provide information about CONTRACTOR's project 4 i 10 27. PERSONNEL DISCLOSURE 11 27.1 CONTRACTOR shall make available to ADMINISTRATOR a current list of 12 all personnel providing services hereunder, including resumes and job 13 applications. Changes to the list will be immediately provided to j 14 ADMINISTRATOR in writing, along with a copy of a resume and/or job j 15 application. The list shall include: 16 27.1.1 Names of all full or part-time personnel by title, j i 17 including volunteer personnel, whose direct services are required to provide 18 the programs described herein; i 19 27.1.2 A brief description of the functions of each position and 20 the hours each person works each week; or for part-time personnel, each day or 21 month, as appropriate; 22 27.1.3 The professional degree, if applicable, and experience 23 required for each position; and 24 27.1.4 The language skill, if applicable, for all personnel. 25 27.2 CONTRACTOR's employment applications shall require applicants to 26 provide detailed information regarding the conviction of a crime by any court, 27 for offenses other than minor traffic offenses. Information not disclosed in 28 the employment application discovered subsequent to the hiring or promotion of (WAM0811) 29 of 40 (December 22, 2011) 20B-31 i 1 any applicant shall be cause for termination of that employee. 2 27.3 Where authorized by law, CONTRACTOR shall conduct, at no cost to 3 the COUNTY, criminal record background checks on all employees and/or 4 volunteers who will provide services under this Agreement, Candidates will 5 satisfy background checks consistent with and comparable to those required for 6 COUNTY employees. 7 27.4 CONTRACTOR warrants that all persons employed or otherwise 8 assigned by CONTRACTOR to provide services under this Agreement have 9 satisfactory past work records and/or reference checks indicating their 10 ability to perform the required duties and accept the kind of responsibility 11 anticipated under this Agreement. CONTRACTOR shall maintain records of 12 background investigations and reference checks undertaken and coordinated by 13 CONTRACTOR for each employee and/or volunteer assigned to provide services 14 under this Agreement for a minimum of five (5) years from the date of final 15 payment under this Agreement or until all pending COUNTY, State and Federal 16 audits are completed, whichever is later, in compliance with all applicable I 17 laws. 18 27.5 CONTRACTOR shall immediately notify ADMINISTRATOR concerning the 19 arrest and/or subsequent conviction, for offenses other than minor traffic 20 offenses, of any paid employee and/or volunteer staff performing services 21 under this Agreement, when such information becomes known to CONTRACTOR. 22 ADMINISTRATOR, in its sole discretion, may determine whether, such employee 23 and/or volunteer may continue to provide services under this Agreement and 24 shall provide notice of such determination to CONTRACTOR in writing. 25 CONTRACTOR's failure to comply with ADMINISTRATOR's decision shall be deemed a 26 material breach of this Agreement, pursuant to Paragraph 18 above. 27 27.6 COUNTY has the right to approve or disapprove all of CONTRACTOR's 28 staff performing work hereunder and any proposed changes in CONTRACTOR's (WAM0811) 30 of 40 (December 22, 2011) 20B-32 i i i 1 staff, including, but not limited to, CONTRACTOR's One Stop Manager. 2 27.7 COUNTY shall have the right, at its sole discretion, to require j 3 CONTRACTOR to remove any employee from the performance of services under this 4 Agreement. At the request of COUNTY, CONTRACTOR shall immediately replace 5 said personnel, 6 27.8 CONTRACTOR shall notify COUNTY immediately when staff is 7 terminated for cause from working on this Agreement. 8 27.9 Disqualification, if any, of CONTRACTOR staff, pursuant to 9 Paragraph 27, shall not relieve CONTRACTOR of its obligation to complete all 10 work in accordance with the terms and conditions of this Agreement. 11 28. EMPLOYMENT ELIGIBILITY VERIFICATION 12 As applicable, CONTRACTOR warrants that it fully complies with all 13 Federal and State statutes and regulations regarding the employment of aliens 14 and others and that all its employees performing work under this Agreement 15 meet the citizenship or alien status requirement set forth in Federal statutes 16 and regulations. CONTRACTOR shall obtain, from all employees performing work 17 hereunder, all verification and other documentation of employment eligibility 18 status required by Federal or State statutes and regulations including, but 19 not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 20 et seq., as they currently exist and as they may be hereafter amended. I 21 CONTRACTOR shall retain all such documentation for all covered employees for 22 the period prescribed by the law. CONTRACTOR shall indemnify, defend with 23 counsel approved in writing by COUNTY, and hold harmless, COUNTY, its agents, 24 officers, and employees from employer sanctions and any other liability which 25 may be assessed against CONTRACTOR or COUNTY or both in connection with any f 26 alleged violation of any Federal or State statutes or regulations pertaining 27 to the eligibility for employment of any persons performing work under this 28 Agreement. (WAM0811) 31 of 40 (December 22, 2011) 20B-33 i 1 29. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING 2 CONTRACTOR shall establish a procedure acceptable to ADMINISTRATOR to 3 ensure that all employees, volunteers, consultants, or agents performing i 4 services under this Agreement report child abuse or neglect to one of the 5 agencies specified in Penal Code Section 11165.9 and dependent adult or elder 6 abuse as defined in Section 15610.07 of the WIC to one of the agencies 7 specified in WIC Section 15630. CONTRACTOR shall require such employee, 8 volunteer, consultant or agent to sign a statement acknowledging the child 9 abuse reporting requirements set forth in Sections 11166 and 11166.05 of the 10 Penal Code and the dependent adult and elder abuse reporting requirements as 11 set forth in Section 15630 of the WIC and will comply with the provisions of 12 these code sections as they now exist or as they may hereafter be amended. 13 30. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW 14 CONTRACTOR shall notify and provide to its employees, a fact sheet 15 regarding the Safely Surrendered Baby Law, its implementation in Orange 16 County, and where and how to safely surrender a baby. The fact sheet is 17 available on the Internet at www.babysafe.ca.gov for printing purposes. The 18 information shall be posted in all reception areas where clients are served. 19 31. CONFIDENTIALITY 20 31.1 CONTRACTOR agrees to maintain the confidentiality of its records 21 pursuant to WIC Sections 10850-10853, the CDSS MPP, Division 19-000, and all 22 other provisions of law, and regulations promulgated thereunder relating to 23 privacy and confidentiality, as each may now exist or be hereafter amended. 24 31.2 All records and information concerning any and all persons G 25 referred to CONTRACTOR by COUNTY or COUNTY's designee shall be considered and 26 kept confidential by CONTRACTOR, CONTRACTOR's staff, agents, employees, and 27 volunteers. CONTRACTOR shall require all of its employees, agents, 28 subcontractors and volunteer staff who may provide services for CONTRACTOR (WAM0811) 32 of 40 (December 22. 2011) 20B-34 l I i I I under this Agreement to sign an agreement with CONTRACTOR before commencing 2 the provision of any such services, to maintain the confidentiality of any and 3 all materials and information with which they may come into contact, or the r 4 identities or any identifying characteristics or information with respect to 5 any and all participants referred to CONTRACTOR by COUNTY, except as may be 6 required to provide services under this Agreement or to those specified in 7 this Agreement as having the capacity to audit CONTRACTOR, and as to the 8 latter, only during such audit. CONTRACTOR shall comply with any audits 9 specified in Paragraph 26, provide reports and any other information required 10 by COUNTY in the administration of this Agreement, and as otherwise permitted 11 by law. i i 12 31.3 CONTRACTOR shall inform all of its employees, agents, j 13 subcontractors, volunteers and partners of this provision and that any person 14 knowingly and intentionally violating the provisions of said State law may be 15 guilty of a crime. 16 31.4 CONTRACTOR agrees that any and all subcontracts entered into shall 17 be subject to the confidentiality requirements of this Agreement. 18 32. COPYRIGHT ACCESS 19 The U.S. Department of Health and Human Services, the CDSS, and COUNTY 20 will have a royalty-free, nonexclusive and irrevocable license to publish, 21 translate, or use, now and hereafter, all material developed under this 22 Agreement including those covered by copyright. 23 33. WAIVER 24 No delay or omission by either party hereto to exercise any right or 25 power accruing upon any noncompliance or default by the other party with 26 respect to any of the terms of this Agreement shall impair any such right or 27 power or be construed to be a waiver thereof. A waiver by either of the 28 parties hereto of any of the covenants, conditions, or agreements to be (WAM0811) 33 of 40 (December 22. 2011) 20B-35 i I i 1 performed by the other shall not be construed to be a waiver of any succeeding 2 breach thereof or of any other covenant, condition or agreement herein 3 contained. 4 34. PETTY CASH 5 CONTRACTOR is authorized to establish a petty cash fund in an amount not 6 to exceed two hundred and fifty dollars ($250.00), 7 35. PUBLICITY 8 35.1 Information and solicitations, prepared and released by 9 CONTRACTOR, concerning the services provided under this Agreement shall state 10 that the program, wholly or in part, is funded through COUNTY, State and 11 Federal government funds. 12 35.2 CONTRACTOR shall not disclose any details in connection with this 13 Agreement to any person or entity except as may be otherwise provided 14 hereunder or required by law. However, in recognizing CONTRACTOR's need to I 15 identify its services and related clients to sustain itself, COUNTY shall not 16 inhibit CONTRACTOR from publishing its role under this Agreement within the 17 following conditions; 18 35.2.1 CONTRACTOR shall develop all publicity material in a 19 professional manner; and I 20 35.2.2 During the term of this Agreement, CONTRACTOR shall not, 21 and shall not authorize another to, publish or disseminate any commercial 22 advertisements, press releases, feature articles, or other materials using the 23 name of COUNTY without the prior written consent of COUNTY. COUNTY shall not 24 unreasonably withhold written consent. 25 36. COUNTY RESPONSIBILITIES 26 ADMINISTRATOR will provide consultation and technical assistance, and 27 will monitor performance of CONTRACTOR in meeting the terms of this Agreement. 28 (WAM0811) 34 of 40 (December 22, 2011) 20B-36 1 37. REFERRALS i 2 37.1 CONTRACTOR shall provide services to individuals referred by 3 ADMINISTRATOR. 4 38. REPORTS 5 CONTRACTOR shall provide information deemed necessary by ADMINISTRATOR 6 to complete any State-required reports related to the services provided under 7 this Agreement. i 8 CONTRACTOR shall maintain records and submit reports containing such 9 data and information regarding the performance of CONTRACTOR's services, costs 10 or other data relating to this Agreement, as may be requested by 11 ADMINISTRATOR, upon a form approved by ADMINISTRATOR. ADMINISTRATOR may 12 modify the provisions of this paragraph upon written notice to CONTRACTOR. 13 39. ENERGY EFFICIENCY STANDARDS I 14 As applicable, CONTRACTOR shall comply with the mandatory standards and 15 policies relating to energy efficiency in the State Energy Conservation Plan 16 (Title 24, CCR). 17 40. ENVIRONMENTAL PROTECTION STANDARDS 18 CONTRACTOR shall be in compliance with Section 306 of the Clean Air Act 19 [Title 42 USC Section 1857(h)], Section 508 of the Clean Water Act (Title 33 20 USC Section 1368), Executive Order 11738 and Environmental Protection Agency, 21 hereinafter referred to as "EPA," regulations (Title 40 CFR Part 15), as any 22 may now exist or be hereafter amended. Under these laws and regulations, 23 CONTRACTOR assures that: 24 40.1 No facility to be utilized in the performance of the proposed 25 grant has been listed on the EPA List of Violating Facilities; 26 40,2 It will notify COUNTY prior to award of the receipt of any 27 communication from the Director, Office of Federal Activities, U.S. EPA, 28 indicating that a facility to be utilized for the grant is under consideration (WAM0811) 35 of 40 (December 22, 2011) 20B-37 1 to be listed on the EPA List of Violating Facilities; and 2 40.3 It will notify COUNTY and the EPA about any known violation of the 3 above laws and regulations. 4 41. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE 5 CERTAIN FEDERAL TRANSACTIONS 6 CONTRACTOR shall be in compliance with Section 319 of Public Law 101-121 j 7 pursuant to Title 31 USC Section 1352 and the guidelines with respect to those 8 provisions set down by the OMB and published in the Federal Register dated 9 December 20, 1989, Volume 54, No. 243, pp. 52306-52332. Under these laws and 10 regulations, it is mutually understood that any contract which utilizes 11 Federal monies in excess of $100,000 must contain and CONTRACTOR must comply 12 with the following provisions: 13 A. The definitions and prohibitions contained in the clause at 14 Federal Acquisition Regulation 52,203-12, Limitation on Payments to Influence 15 Certain Federal Transactions, included in this solicitation, are hereby 16 incorporated by reference in paragraph (B) of this certification. 17 B. The offeror, by signing its offer, hereby certifies to the 18 best of his or her knowledge and belief as of December 23, 1989, that 19 1) No Federal appropriated funds have been paid or will i 20 be paid to any person for influencing or attempting to influence an officer or 21 employee of any agency, a Member of Congress, an officer or employee of 22 Congress, or an employee of a Member of Congress on his or her behalf in 23 connection with the awarding of any Federal contract, the making of any 24 Federal grant, the making of any Federal loan, the entering into of any 25 cooperative agreement, and the extension, continuation, renewal, amendment or 26 modification of any Federal contract, grant, loan or cooperative agreement; 27 2) If any funds other than Federal appropriated funds 28 (including profit or fee received under a covered Federal transaction) have (WAM0811) 36 of 40 (December 22, 2011) 20B-38 1 been paid, or will be paid, to any person for influencing or attempting to 2 influence an officer or employee of any agency, a Member of Congress, an 3 officer or employee of Congress, or an employee of a Member of Congress on his 4 or her behalf in connection with this solicitation, the offeror shall complete 5 and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying 6 Activities, to the Contracting Officer; and 7 3) He or she will include the language of this 8 certification in all subcontract awards at any tier and require that all 9 recipients of subcontract awards in excess of $100,000 shall certify and 10 disclose accordingly. j 11 C. Submission of this certification and disclosure is a 12 prerequisite for making or entering into this Agreement imposed by Section 13 1352, Title 31, USC. Any person who makes an expenditure prohibited under i 14 this provision or who fails to file or amend the disclosure form to be filed 15 or amended by this provision, shall be subject to a civil penalty of not less i 16 than $10,000, and not more than $100,000, for each such failure. 17 42. POLITICAL ACTIVITY 18 CONTRACTOR agrees that the funds provided herein shall not be used to 19 promote, directly or indirectly, any political party, political candidate or 20 political activity, except as permitted by law. 21 43. TERMINATION PROVISIONS 22 43.1 ADMINISTRATOR may terminate this Agreement without penalty 23 immediately with cause or after thirty (30) days written notice without cause, 24 unless otherwise specified. Notice shall be deemed served on the date of j 25 mailing. Cause shall be defined as any breach of contract, any 26 misrepresentation or fraud on the part of CONTRACTOR. Exercise by 27 ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of 28 all further obligations under this Agreement. I (WAM0811) 37 of 40 (December 22, 2011) j 20B-39 I1 43,2 Upon termination, or notice thereof, CONTRACTOR agrees to 2 cooperate with ADMINISTRATOR in the orderly transfer of service 3 responsibilities, active case records, and pertinent documents. 4 43.3 The obligations of COUNTY under this Agreement are contingent upon 5 the availability of Federal and/or State funds, as applicable, for the 6 reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds 7 for the services hereunder in the budget approved by the Orange County Board 8 of Supervisors each fiscal year this Agreement remains in effect or operation. 9 In the event that such funding is terminated or reduced, ADMINISTRATOR may I 10 immediately terminate this Agreement, reduce COUNTY's maximum obligation, or i 11 modify this Agreement, without penalty. The decision of ADMINISTRATOR will be 12 binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written 13 notification of such determination. CONTRACTOR shall immediately comply with 14 ADMINISTRATOR's decision. 15 43.4 If any provision of this Agreement or the application thereof is 16 held invalid, the remainder of this Agreement shall not be affected thereby. 17 44. GOVERNING LAW AND VENUE 18 This Agreement has been negotiated and executed in the State of 19 California and shall be governed by and construed under the laws of the State j 20 of California. In the event of any legal action to enforce or interpret this ' 21 Agreement, the sole and exclusive venue shall be a court of competent 22 jurisdiction located in Orange County, California, and the parties hereto j 23 agree to and do hereby submit to the jurisdiction of such court, 24 notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties 25 specifically agree to waive any and all rights to request that an action be 26 transferred for trial to another county. 27 45. SIGNATURE IN COUNTERPARTS 28 The parties agree that separate copies of this Agreement may be signed i (WAM0811) 38 of 40 (December 22, 2011) 20B-40 i 1 by each of the parties and this Agreement will have the same force and effect 2 as if the original had been signed by all the parties, j 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22 23 24 25 i 26 27 28 (WAM0811) 39 of 40 (December 22, 2011) 20B-41 II 1 WHEREFORE, the parties hereto have executed this Agreement in the County of 2 Orange, California, 3 i 4 By: By: 5 PAUL WALTER, INTERIM CITY MANAGER COUNTY OF ORANGE OF SANTA ANA CHAIR OF THE BOARD j 6 OF SUPERVISORS 7 Dated: Dated: 8 9 Attest: APPROVED AS TO FORM; 10 11 By. By, CITY MANAGER ASSISTANT CITY ATTORNEY 12 CLERK OF THE COUNCIL 13 14 SIGNED AND CERTIFIED THAT A COPY OF RECOMMENDED FOR APPROVAL: THIS DOCUMENT HAS BEEN DELIVERED TO 15 THE CHAIR OF THE BOARD PER G.C. SEC, BY: 16 25103, RESO 79-1535 NANCY EDWARDS ATTEST: INTERIM EXECUTIVE DIRECTOR OF 17 COMMUNITY DEVELOPMENT AGENCY 18 i 19 Clerk of the Board of Supervisors 20 Orange County, California 21 22 APPROVED AS TO FORM 23 COUNTY COUNSEL COUNTY OF ORANGE, CALIFORNIA 24 25 By: w -4, fJ-A6-7 26 DEPUTY 27 Dated: j 28 (WAM0811) 40 of 40 (December 22, 2011) 20B-42 i 1 EXHIBIT A 2 TO 3 AGREEMENT 4 BETWEEN 5 COUNTY OF ORANGE 6 AND 7 CITY OF SANTA ANA 8 FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE 9 10 1. PROGRAM OBJECTIVE AND GOALS 11 The objective of the CalWORKS program is to foster family well-being by 12 enhancing employability, addressing barriers to self-sufficiency, engaging 13 participants in preparatory activities, and placing participants in paying 14 jobs with appropriate support where they will earn enough, or consistently 15 progress toward enough earnings, to be considered self-sufficient and surpass 16 CalWORKS income limits. 17 1.1 CONTRACTOR shall provide Vocational Training (VTR) and Work 18 Experience (WEX) activities to participants to prepare them for unsubsidized 19 employment. 20 1.2 CONTRACTOR shall meet each of the following goals throughout the 21 term of this Agreement: 22 1.2.1 VTR Enrollments: Ninety percent (90%) of all participants, 23 referred per Subparagraph 2 of this Exhibit A to this Agreement shall be 24 enrolled in VTR activities. 25 1.2.2 WEX Enrollments: Ninety percent (90%) of all participants 26 referred per Subparagraph 2 of this Exhibit A to this Agreement shall be 27 enrolled in WEX activities, 28 1,2.3 VTR Completion Rate: Seventy percent (70%) of NAM08A11) 1 of 18 (December 22, 2011) 20B-43 I participants enrolled in VTR activities will complete the activities per the 2 WTW staff referral. 3 1.2.4 WEX Completion Rate: Seventy percent (70%) of I 4 participants placed at a WEX worksite will complete the program per the WTW 5 staff referral. 6 1.2.5 VTR Employment Rate: Sixty percent (60%) of CalWORKs WTW 7 participants who attend VTR activities will obtain unsubsidized employment 8 within thirty (30) calendar days of completing VTR activities. Employment 9 will be verified on a format approved by ADMINISTRATOR. 10 1.2.6 WEX Employment Rate: Sixty percent (60%) of CalWORKs WTW 11 participants who attend WEX activities will obtain unsubsidized employment 12 within thirty (30) calendar days of completing WEX activities. Employment 13 will be verified on a format approved by ADMINISTRATOR. 14 2. POPULATION TO BE SERVED 15 2.1 Participants who meet all of the following criteria may be 16 referred for VTR and WEX activities: 17 2.1.1 Meet all eligibility requirements of the VTR activity; 18 2.1.2 Are deemed suitable for the activity by WTW Staff; and 19 2.1.3 Have not obtained unsubsidized employment sufficient to 20 meet minimum required hours of WTW participation: and 21 2.1.4 Have significant barriers to secure employment; and 22 2.1.5 Have completed a Vocational Assessment; and 23 2.1.6 Continue to meet CalWORKs financial eligibility criteria; 24 and 25 2.1.7 Reside in Orange County. 26 2.2 CONTRACTOR agrees to provide services to participants referred to 27 CONTRACTOR by ADMINISTRATOR under this Agreement. All participants referred to 28 VTR activities must meet all eligibility requirements of the VTR activity. (WAM08A11) 2 of 18 (December 22, 2011) 20B-44 i I 1 2.3 CONTRACTOR shall not refuse participants without discussion and 2 concurrence by WTW staff prior to any action to minimize issues that impede 3 participants' ability to complete VTR activities. 4 3. SERVICES 5 3.1 CONTRACTOR shall engage participants for the number of hours as 6 referred by WTW staff. I 7 3.2 Individual CalWORKs WTW participation requirements are currently 8 as follows and are subject to change according to State and Federal mandates; j 9 3.2.1 Thirty-two (32) hours per week in approved WTW activities 10 for a one (1) parent Assistance Unit and a two (2) parent Assistance Unit in 11 which deprivation is based on the disability of one (1) parent; or 12 3.2.2 Thirty-five (35) hours per week in approved WTW activities 13 for two (2) parent Assistance Units. One (1) parent can satisfy the total 14 thirty-five (35) hour requirement. If both parents contribute to the thirty- 15 five (35) hour requirement then at least one parent shall participate a 16 minimum of twenty (20) hours per week. 17 3.3 VTR is a temporary, transitional, and short-term educational 18 activity, not to exceed twelve (12) months, to prepare participants for 19 employment in a specific trade, occupation, or vocation. VTR activities must 20 be provided by vocational-technical schools, postsecondary institutions or 21 proprietary schools. VTR activities shall be made available to participants i 22 in areas identified as growth oriented, current or emerging occupation, 23 meeting an unmet community need, and in high demand for new employees. VTR I 24 activities shall include, but not be limited to, the following: 25 3.3.1 Certified Nurse's Assistant 26 3.3.2 Office Technology 27 3.3.3 Child Care Provider 28 3.3.4 Medical Liens Collections i (WAM08A11) 3 of 18 (December 22, 2011) 20B-45 i i I I 1 3.3,5 Health Care careers 2 3.3.6 Hospitality 3 3.3.7 Protective Services 4 3.3.8 Transportation 5 3.4 WEX is a planned, structured learning experience that occurs in 6 the workplace for a limited period not to exceed four (4) months in length. 7 The WEX work site may include public or private, for-profit or nonprofit 8 organizations. WEX is a post-assessment activity designed to provide the 9 participant exposure to work environments. Under close supervision, WEX 10 activities provide basic job skills and enhance existing job skills and work 11 experience while meeting an identified community need. ~ i 12 3.5 CONTRACTOR shall be reimbursed by COUNTY for one hundred percent 13 (100%) of the salary and benefits paid to each WEX participant. CONTRACTOR i 14 shall pay WEX participants at a rate not to exceed eight dollars ($8.00) per 15 hour, or prevailing California Minimum Wage, for each hour worked, not to 16 exceed the total number of hours referred by WTW staff. At the end of the 17 training period it is generally expected that the employer will hire the 18 participant as a regular employee. 19 3.6 CONTRACTOR shall obtain prior approval from ADMINISTRATOR for all 20 VTR and WEX activities provided under this Agreement. 21 4. CONTRACTOR RESPONSIBILITIES 22 CONTRACTOR shall; 23 4.1 Assign a SA WIB CM who will work closely with each participant and 24 develop a relationship to understand the participant's needs, assess career 25 goals, and arrange an appropriate VTR or WEX activity. 26 4.2 Provide an orientation to VTR and WEX activities to all 27 participants. 28 4.3 Provide workshops that will enhance participants' success on the (WAM08A11) 4 of 18 (December 22, 2011) 20B-46 i i 1 job, empower participants to manage conflict and change at the workplace, and 2 assist participants in discovering opportunities for growth and development at 3 any job. 4 4.4 Provide training, case management, and coaching to assist the 5 participant in obtaining and retaining employment. 6 4.5 Assign participant to an appropriate VTR or WEX activity based on 7 the participant's experience and interest within seven (7) business days from i 8 the date of the referral, unless otherwise directed by ADMINISTRATOR. 9 4.6 Monitor the progress of all participants by meeting every two (2) 10 weeks, or more often if needed, with the participant and the training facility 11 or work site to discuss action steps needed to successfully complete the f 12 program. 13 4.7 Use positive reinforcement techniques and ensure participants are 14 aware that their assignment is being closely monitored. 15 4.8 Refer participants' supportive services needs, such as food, 16 transportation, housing, legal assistance, and clothing, to WTW staff for 17 assistance. i 18 4.9 Maintain a case file for each participant served under this 19 Agreement in each VTR and WEX activity in a format approved by ADMINISTRATOR. f 20 The case file will include, but not be limited to, the following: 21 4.9.1 Initial referral form. 22 4.9.2 Documentation of all correspondence in regards to the 23 participant's participation in VTR or WEX activities, including any 24 correspondence involving any subcontractors. 25 4.9.3 Participant attendance records. f 26 4.9.4 Documentation, including dates, of any problem occurrences 27 reported by the VTR or WEX work site. 28 4.9.5 All correspondence related to any Workers' Compensation NAMMA11) 5 of 18 (December 22, 2011) 20B-47 i 1 injury. 2 4.10 Develop relationships with local businesses by networking and 3 developing work sites for WEX participants. 4 4.11 Attend meetings as requested by ADMINISTRATOR, 5 4.12 Cooperate with ADMINISTRATOR with respect to sanctions applied to I 6 participants in the event of participant non-cooperation. This may include 7 testifying at participant non-compliance hearings. 8 4.13 Provide internal forms that are not mandated by ADMINISTRATOR or 9 by program requirements for review and approval by ADMINISTRATOR prior to 10 implementation. 11 4.14 Ensure that all services provided to participants under this i 12 Agreement are conducted in a manner sensitive to literacy, language, and 13 socio-cultural issues that may impact participants. CONTRACTOR's staff shall 14 be trained in cultural differences to ensure their ability to recognize and 15 assist participants who demonstrate language or cultural barriers to 16 employment, including resistance to participation in Vocational Training 17 activities (VTR) and Work Experience (WEX). CONTRACTOR shall employ staff who 18 will provide services in the participant's language or obtain interpreters 19 when necessary. 20 5. PRINCIPLES 21 CONTRACTOR shall ensure that the delivery of services is based on the 22 following principles: 23 5.1 Opportunities shall be maximized to provide integrated, 24 coordinated and easily accessible resources for participants; 25 5.2 Services shall be family-friendly and family-centered; 26 5.3 Services shall be community-based and provide integrated services 27 that coordinate Federal, State and community funding opportunities; 28 5.4 Participants' strengths shall be identified, utilizing (WAM08A11) 6 of 18 (December 22, 2011) i 20B-48 i li 1 motivational and strength-based techniques; and 2 5.5 Services shall be outcome-driven and identify indicators that 3 accurately reflect progress towards stated goals. 4 6. OUTSIDE CONTACTS 5 6.1 CONTRACTOR shall immediately inform ADMINISTRATOR of any inquiry 6 from an elected official, their representative, participant advocate, or the 7 press, and immediately provide information to ADMINISTRATOR for assistance in 8 coordinating a response. 9 6.2 CONTRACTOR shall consult with ADMINISTRATOR prior to initiating 10 contact with an elected official, their representative, participant advocate, i 11 or the press regarding programs provided under this contract. 12 7. FACILITIES 13 7.1 It is mutually understood that VTR and WEX activities shall be 14 provided at a variety of facilities/work sites throughout Orange County, as j I 15 defined by CONTRACTOR. It is mutually understood that participants will be 16 referred to CONTRACTOR at the following facility; Santa Ana W/O/R/K Center 17 1000 E. Santa Ana Blvd., Suite 200 18 Santa Ana, CA 92701 19 7.2 Participants will have access to the Santa Ana W/O/R/K Center 20 where they can access a wide variety of resources including labor market 21 information and job vacancy listings. They will also have full access to 22 computers with Internet connectivity, telephones, faxes, and copy machines. 23 7.3 CONTRACTOR and ADMINISTRATOR may mutually agree in writing to add, 24 change, modify, or delete facility locations as necessary to best serve the 25 needs of participants and ADMINISTRATOR. 26 8. REPORTING REQUIREMENTS 27 8.1 CONTRACTOR shall maintain records, collect data, and provide 28 reports mandated by Federal and State governments and as may be required by i (WAM08A11) 7 of 18 (December 22, 2011) i 20B-49 i i i I ADMINISTRATOR. Reporting requirements shall include all reports and data 2 collection that is required to track goals and report progress as noted in 3 Paragraph 1 of this Exhibit A to this Agreement. 4 8.2 Reports of problems, including attendance issues, achievements, or 5 other inquiries about VTR/WEX activities shall be addressed immediately with 6 the affected participant and employer/instructor, CONTRACTOR shall inform WTW 7 staff within twenty-four (24) hours. This will allow for quick intervention 8 and results oriented action to address the issue with the participant. 9 8.3 CONTRACTOR shall report each participant's monthly attendance and 10 progress, including achievements, to WTW staff by the tenth (10t") calendar day it of the following month in a report format approved by ADMINISTRATOR. 12 8.4 CONTRACTOR shall provide, by the tenth (10t") calendar day of each 13 month, a status report for the preceding month, in a format approved by 14 ADMINISTRATOR. The monthly status report shall identify, but not be limited 15 to, the following: 16 8.4.1 Referrals received 17 8,4.2 Participants enrolled 18 8.4.3 Participants referred back to ADMINISTRATOR for non- 19 attendance 20 8.4.4 Participants disenrolled by WTW staff 21 8.4.5 Participants carried forward from previous month 22 8.4.6 Completions of VTR/WEX activity 23 8.4.7 Placements in unsubsidized employment 24 8.4,8 Average wage 25 8.4.9 Complaints received 26 9. PERFORMANCE MONITORING AND REVIEW 27 9.1 CONTRACTOR's performance will be monitored and reviewed by 28 ADMINISTRATOR. CONTRACTOR shall cooperate and assist ADMINISTRATOR in (WAM08A11) 8 of 18 (December 22, 2011) 20B-50 I monitoring performance. ADMINISTRATOR will conduct case reviews as part of an 2 on-going evaluation of CONTRACTOR's performance. 3 9.2 ADMINISTRATOR may use a variety of inspection methods to evaluate 4 CONTRACTOR's performance, including but not limited to: 5 9.2.1 Random sampling of program activities including a review 6 of case files each month: 7 9.2.2 Activity checklists and random observations: 8 9.2.3 Inspect output items on a periodic basis as deemed 9 necessary: 10 9.2.4 Computer Information System reported results: 11 9.2.5 Participants' complaints and/or participants' 12 questionnaires; and 13 9.2.6 Service provider complaints or reports. 14 9.3 CONTRACTOR may require corrective action plans when it is 15 determined that services are performed unsatisfactorily during the review 16 period. CONTRACTOR shall remedy the performance defects within the time 17 period specified in the corrective action plan. 18 9.4 Performance evaluation meetings will be conducted by ADMINISTRATOR 19 as necessary. 20 9.5 CONTRACTOR shall cooperate with ADMINISTRATOR in providing the 21 information necessary for monitoring this Agreement, and with authorized State 22 or Federal representatives who may audit WTW Program services. 23 10. QUALITY CONTROL 24 10.1 CONTRACTOR shall maintain a complete internal Quality Control Plan 25 to ensure that the requirements of this Agreement are met. The Quality 26 Control Plan shall include, but not be limited to: 27 10.1.1 Activities to be inspected on either a scheduled or 28 unscheduled basis, how often inspections will be accomplished, and the title (WAM08A11) 9 of 18 (December 22, 2011) 20B-51 1 of the individual(s) who will perform the inspections; I i 2 10.1.2 Specific methods to identify and prevent deficiencies in 3 the quality of service performed, prior to unacceptable performance levels, 4 10.1.3 Method for continuing services in the event of a strike of 5 CONTRACTOR's employees or a natural disaster; and I 6 10.1.4 Maintenance of all inspection files and, if necessary, 7 corrective action taken. 8 10.2 CONTRACTOR shall cooperate with any third party audit or 9 inspections as required by ADMINISTRATOR or other COUNTY, State or Federal 10 agency. 11 11. WELFARE FRAUD 12 11.1 CONTRACTOR shall report to the appropriate CalWORKs WTW staff, 13 when eligibility or supportive services payment fraud is suspected, either by 14 the participant or a service provider. 15 12. HANDLING COMPLAINTS 16 CONTRACTOR shall develop, operate, and maintain procedures for I 17 receiving, investigating, and responding to service providers and participant 18 complaints, including Civil Rights complaints against direct service providers 19 made by participants, requests for State Hearings and formal grievances, j 20 requests for COUNTY reviews, and other complaints relating to VTR activities 21 and WEX. 22 12.1 ADMINISTRATOR shall be notified immediately of all Civil Rights 23 complaints, 24 12.2 With respect to any complaints made by participants, CONTRACTOR 25 shall identify issues with potential legal implications, and review any such 26 cases with ADMINISTRATOR prior to responding to the complaints. 27 12.3 CONTRACTOR shall maintain a log for identification and response to 28 participants' complaints. When complaints cannot be resolved informally, a (WAM08A11) 10 of 18 (December 22, 2011) 20B-52 i ! 1 system of follow-through shall be instituted which adheres to formal plans for 2 specific actions and response to complaints within two (2) business days. 3 12.4 CONTRACTOR shall provide, in a format approved by ADMINISTRATOR, 4 information pertaining to complaints, as well as CONTRACTOR's response to any 5 complaints to ADMINISTRATOR, as described above, within ten (10) business days 6 of the complaint. 7 12.5 CONTRACTOR shall include a summary of all complaints received in 8 the Monthly Status Reports submitted to COUNTY per Subparagraph 8.4 above, 9 13. HOURS OF OPERATION 10 At a minimum, CONTRACTOR shall maintain business hours of Monday through 11 Friday from the hours of 8:00 a.m. to 5:00 p.m. (COUNTY holidays excluded) as 12 well as scheduled evening and weekend hours to best meet the needs of 13 participants and their families. See Subparagraph 19.3.1 of this Agreement for 14 a list of COUNTY holidays. 15 14. BUDGET FOR PROVISION OF VTR AND WEX 16 14.1 The budget for services provided pursuant to Exhibit A of this 17 Agreement shall span sixteen (16) months and is set forth as follows: 18 Budget Period March 7, 2012 - June 30, 2012 19 Maximum Line Items Hourly Rate FTE Budget 20 Salaries and Benefits Workforce Specialist II $29,63 1.00 $20,543 21 Workforce Specialist II $29.99 1.00 $20,793 22 Fiscal Specialist $36.59 0.03 $761 Sr. Accounting Assistant $27.37 0.05 $949 23 Subtotal Salaries $43,046 24 Benefits (25.4%) $14,652 Subtotal Salaries and Benefits(1)c2' $57,698 25 26 Operations Communications $740 27 User Fee $4,703 28 Office Supplies $425 Indirect Costs $2,290 (WAM08A11) 11 of 18 (December 22, 2011) 20B-53 i 1 Subtotal Operations $8,158 2 Participant Costs Work Experience Wages('' $116,644 3 Benefits") $11,385 j 4 Vocational Training(5) $6,115 j Subtotal Participant Costs $134,144 5 6 MAXIMUM COUNTY OBLIGATION (3/7/12-6/30/12) $200,000 i 7 Budget Period July 1, 2012 - June 30, 2013 g Maximum Line Items Hourly Rate FTE Cost 9 Salaries and Benefits Workforce Specialist II $29.63 1.00 $57,838 10 Workforce Specialist II $29.99 1.00 $58,540 11 Fiscal Specialist $36.59 0.03 $2,143 12 Sr. Accounting Assistant $27.37 0.05 $2,846 Subtotal Salaries $121,367 13 Benefits (27.8%) $46,735 Subtotal Salaries and Benefitsa>(2) $168,102 14 15 Operations 16 Communications $2,220 User Fee $14,108 17 Office Supplies $882 Indirect Costs $6,978 18 Subtotal Operations $24,188 I 19 Participant Costs 20 Work Experience Wages(3) $196,551 21 Benefits(4) $19,184 Vocational Training(5) $191,975 j 22 Subtotal Participant Costs $407,710 i 23 MAXIMUM COUNTY OBLIGATION (7/1/12-6/30/13) $600,000 24 25 TOTAL MAXIMUM COUNTY OBLIGATION (3/7/12-6/30/13) $800,000 26 (1) Total salaries are calculated on maximum hourly rates. July 1, 2012 - June 30, 2013 salary costs are based on total hours worked that includes 27 anticipated furlough hours for Workforce Specialist II and Fiscal 28 Specialist positions. (2) Employee Benefits include health insurance, dental insurance, life NAMHA11) 12 of 18 (December 22, 2011) 20B-54 i 1 insurance, and long-term disability insurance. Also included are payroll taxes such as FICA, Federal Unemployment Tax, State Unemployment Tax, and 2 Worker's Compensation Tax, based on the currently prevailing rates. (3) Enrollments in WEX activities are contingent upon availability of funds 3 and shall consist of a minimum of thirteen (13) enrollments for the 4 period of March 7, 2012 through June 30, 2012; and forty (40) enrollments for the period of July 1, 2012 through June 30, 2013. 5 (4) Benefits costs included are payroll taxes such as FICA, Federal 6 Unemployment Tax, State Unemployment Tax, and Worker's Compensation Tax, based on the currently prevailing rates. 7 (5) Enrollments in VTR activities are contingent upon availability of funds and shall consist of a minimum of thirteen (13) enrollments for the 8 period of March 7, 2012 through June 30, 2012; and forty (40) enrollments 9 for the period of July 1, 2012 through June 30, 2013, 10 14.2 CONTRACTOR and ADMINISTRATOR may agree, subject to advance written 11 notice to add, delete, or otherwise modify line items and/or amounts and/or 12 the number and type of FTE positions without changing COUNTY'S maximum 13 obligation as stated in Subparagraph 19.1 of this Agreement or reducing the 14 level of service to be provided by CONTRACTOR. Further, in accordance with 15 Subparagraph 43.3 of this Agreement, in the event ADMINISTRATOR reduces the 16 maximum obligation as stated in Subparagraph 19.1, CONTRACTOR and 17 ADMINISTRATOR may mutually agree in writing to proportionately reduce the 18 service goals as set forth in this Exhibit A to this Agreement. 19 15. STAFF 20 CONTRACTOR shall employ staff with experience in placing participants 21 with a limited English vocabulary in an environment that facilitates the 22 development of the English language. CONTRACTOR's staff shall be able to 23 read, write, speak, and understand English. CONTRACTOR shall provide 24 bilingual staff to serve participants who speak Spanish or Vietnamese. The 25 ratio of bilingual staff shall be consistent with and proportional to the 26 target population, as determined by ADMINISTRATOR. In addition, CONTRACTOR 27 shall be required to provide translation services for all other languages as 28 needed to ensure all participants are provided services in the language they (WAM08A11) 13 of 18 (December 22, 2011) 20B-55 i I 1 speak. 2 CONTRACTOR shall comply with all COUNTY, State, and Federal regulations 3 regarding Limited English Proficiency (LEP). LEP regulations affect anyone 4 who participates in a Federally funded program, and who has English as his or 5 her second language and is limited in his or her English language proficiency. 6 15.1 Staff Training 7 15.1,1 CONTRACTOR's staff directly serving participants and first 8 line supervisors shall be thoroughly familiar with the WTW service delivery 9 model contained in the current Orange County CaIWORKS Plan, COUNTY policies I 10 and related instructions; COUNTY data systems, including service delivery and 11 payment systems; welfare fraud and child abuse/elder abuse reporting 12 requirements; the State Hearing process; and Civil Rights compliance 13 requirements. 14 15.1.2 COUNTY will provide relevant program policies and 15 operational procedures to CONTRACTOR during start-up, and subsequently as 16 these materials are revised or new policies are developed. 17 15.1.3 COUNTY will provide initial training to a limited number 18 of CONTRACTOR's staff with respect to CalWORKS WTW regulations and COUNTY 19 policies and procedures. CONTRACTOR shall conduct subsequent training(s) and 20 refresher training yearly. COUNTY will provide technical information to 21 CONTRACTOR on these requirements, but it will be CONTRACTOR's sole 22 responsibility to ensure that CONTRACTOR's staff understand and correctly 23 implement the requirements cited when providing WTW services. 24 15.1.4 CONTRACTOR shall be required to attend training(s) and/or 25 meetings that COUNTY determines to be mandatory, and provide CONTRACTOR staff 26 with ongoing training and assistance to ensure that contract deliverables are 27 met. I 28 15.1.5 CONTRACTOR shall ensure that CONTRACTOR's staff receives (WAM08A11) 14 of 18 (December 22, 2011) 20B-56 i i 1 training 1n understanding the cultural differences among groups of 2 participants, and recognizes and effectively intervenes to overcome any 3 language and/or cultural barriers to employment. 4 15.1.6 CONTRACTOR shall maintain a log of in-house training 5 activities and participants. This log shall be made available to COUNTY upon 6 request. I 7 15.2 Staff Duties and Qualifications: 8 CONTRACTOR shall provide the following described staff positions: 9 15.2.1 Workforce Specialist II (SA WIB Case Manager) 10 Duties: 11 15.2.1.1 Determines applicant eligibility for workforce 12 development programs, manages a caseload, advises clients of career and 13 training opportunities, develops client's employment plan, and is responsible 14 for client outcomes. 15 15.2.1.2 Oversees client job search activities and 16 program enrollments, identifies and develops job opportunities appropriate to 17 clients, and uses a computer to track client progress. 18 15.2.1.3 Markets services to employers and to job- 19 seekers, conducts employment/job sector workshops, gives presentations and 20 prepares informational materials, and maintains contacts within the business 21 community to provide employers with qualified candidates. 22 15.2.1.4 Monitors employment rate/employee retention rate 23 and customer satisfaction rate and develops plans for improvement. 24 15.2.1.5 Monitors eligibility and program files to ensure 25 compliance with Federal and State regulations, including WTW regulations; 26 performs site visits, and maintains details records and writes reports. 27 15.2.1.6 Collects and compiles data to generate detailed 28 technical reports, writes articles, and prepares publications regarding the (WAM08A11) 15 of 18 (December 22, 2011) 20B-57 i i i i i I WIB to the public, 2 15.2.1.7 Organizes and implements WIB sponsored events, 3 participates as a team player, and applies principles of Total Quality Service 4 in all activities, 5 Qualifications: 6 15.2.1.8 One (1) year of progressively responsible 7 workforce development program experience or college level coursework in 8 psychology, sociology, counseling, human services, business administration. 9 accounting, public administration, and other related subjects may be used in 10 combination with experience to meet the necessary qualifications, or any 11 equivalent combination of training and experience which provides the desirable 12 knowledge, skills, and abilities. 13 15.2.1.9 Knowledge of Federal and State regulations 14 pertaining to workforce development programs, interviewing techniques and 15 methods of determining program eligibility; employment market; agencies 16 providing resources; methods of case management, data collections, and I 17 monitoring. 18 15.2.1.10 Ability to understand, interpret, and implement 19 Federal and State regulations; organize and effectively manage a heavy and 20 varied caseload to meet program performance standards; coordinate and conduct 21 meetings; make public presentations; communicate clearly and concisely; and 22 keep detailed and accurate records, 23 15.2.2 Fiscal Specialist 24 Duties: 25 15.2.2.1 Prepares the Employment Services Division 26 budget, monitors it on a weekly basis, and reconciles accounts, j i 27 15.2.2.2 Communicates with appropriate staff and 28 government/business partners to ensure programs are implemented within the (WAM08A11) 16 of 18 (December 22, 2011) 20B-58 i 1 parameters of the Workforce Investment Act. 2 15.2.2.3 Prepares and monitors contracts for services 3 providers and conducts biannual monitoring of all programs and contactors. 4 15.2.2.4 Interface with regulators from the Federal and 5 State governments, prepares written reports of visits, and ensures 6 implementation of any corrective actions. 7 15.2.2.5 Prepares and monitors payroll, including 8 participant timecards, to make sure that cost and hour overruns are 9 reasonable. 10 15.2.2.6 Coordinates support staff work flow including i 11 the creation and retention of files for auditing purposes. 12 15.2.2.7 Interface with the landlord to ensure a healthy, 13 comfortable, and professional work environment. 14 Qualifications: 15 15.2.2.8 One (1) year experience in accounting, budgeting 16 or monitoring/analyzing funding programs and a degree from an accredited four 17 (4) year college or university with a degree in accounting, finance, business 18 administration or related field, or any equivalent combination of education, 19 training, and experience which provides the desirable knowledge, skills and 20 abilities, 21 15.2.2.9 Knowledge of Federal and State Workforce 22 Investment Act funding regulations, budgetary processes, and general 23 accounting principles. 24 15.2.2,10 Ability to track programs and expenditures, 25 evaluation accounting and financial problems, communicate clearly and 26 concisely, and coordinate and schedule the work flow of individuals. 27 15.2.3 Senior Accounting Assistant 28 (WAM08A11) 17 of 18 (December 22, 2011) 20B-59 i 1 Duties: 2 15.2.3.1 Prepares and maintains financial and accounting 3 records by gathering, assembling, tabulating, comparing, verifying, and 4 posting financial and statistical data. 5 15.2.3.2 Prepares or verifies and processes bills, 6 invoices, and similar documents. 7 15.2.3.3 Posts and balances cash books, ledgers, f 8 subsidiary journals, and other financial and accounting records. 9 15.2.3.4 Reconciles accounts to general ledgers and i 10 prepares routing reports and statements. 11 15.2.3.5 Analyzes and prepares reports of encumbrances 12 and expenditures for department programs. 13 15.2.3.6 Performs cost research and cost recovery 14 analysis, 15 15.2.3.7 Receives money and maintains records of 16 receipts, files of invoices and other financial transaction documents. 17 Qualifications: 18 15.2.3.8 Two (2) years of experience performing 19 responsible accounting, financial, statistical or other specialized office 20 clerical work supplemented by courses in accounting, finance, business, office 21 practices, or related coursework; or any equivalent combination of training 22 and experience which provides the knowledge, skills and abilities in 23 accounting methods and government budgeting. 24 15.2.3.9 Knowledge of bookkeeping principles and 25 practices, fund accounting and governmental accounting methods. 26 15.2.3.10 Ability to keep bookkeeping accounts and prepare 27 financial statements and make arithmetic calculations. 28 I (WAM08A11) 18 of 18 (December 22, 2011) 20B-60