HomeMy WebLinkAbout25J - AGMT - TELEPHONE SRVC REIMBURSEMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 20, 2012
TITLE:
AGREEMENT WITH THE STATE OF
CALIFORNIA FOR TELEPHONE SERVICE
REIMBURSEMENT
..........
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
the State of California, Employment Development Department, to reimburse the City for telephone
service costs, in an amount not to exceed $37,816 subject to non-substantive changes approved
by the City Attorney.
DISCUSSION
The State of California, Employment Development Department (EDD), shares office space at the
Santa Ana W/O/R/K Center and also utilizes the City-owned telephone system. This agreement
would reimburse the City for the monthly telephone service charges and actual long distance and
toll charges incurred by the EDD staff for use of the City's telephone system. The agreement term
will be for two years from July 1, 2012 through June 30, 2014 in the amount of $37,816.
FISCAL IMPACT
Funds will be deposited into the W/O/R/K Center's One Stop Program Communications account
(no. 12318751-62010-13700301213-3070).
APPROVED AS TO FUNDS AND ACCOUNTS:
11. 1 V t,r) L ? & .) C'
Nancy T. wards
Interim Exe utive Director
Community Development Agency
Exhibit: 1. State of California Agreement
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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STATE OF CALIFORNIA
STANDARD AGREEMENT
STD. 213 (Rev 06/03)
AGREEMENT NUMBER
REGISTRATION NUMBER
M387832
1. This Agreement is entered into between the State Agency and the Contractor named below:
------------- --------
STATE AGENCY'S NAME
Employment Development Department
CONTRACTOR'S NAME
City of Santa Ana Work Center
2. The term of this
Agreement is: July 1, 2012 through June 30, 2014, or upon final approval.
3. The maximum amount $37,816.00
of this Agreement is: Thirty Seven Thousand Eight Hundred Sixteen Dollars and No Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A Scope of Work 1 Page
Attachment A-1 Specifications 1 Page
Exhibit B Budget Detail and Payment Provisions 1 Page
Attachment B-1 Cost Breakdown 1 Page
Exhibit C * General Terms and Conditions GTC 610
Exhibit D Special Terms and Conditions 1 Page
Items shown with an Asterisk (`), are hereby incorporated by reference and made part of this Agreement as if attached hereto
These documents can be viewed at www.ols.dgs.ca.gov/Standard%2OLanguage/defualt.htm
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
-- - Services Use Only
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Santa Ana Work Center
BY (Authorized Signature)
DATE SIGNED (Do not type)
---- - - - -------- .....
PRINTED NAME AND TITLE OF PERSON SIGNING
Nancy Edwards, Interim Executive Director APPROVED AS TO ?ORM
ADDRESS
1000 E Santa Ana Blvd Suite 200, Santa Ana, CA 92701
i inn r nrn nnl/ STATE OF CALIFORNIA
AGENCY NAME
Employment Development Department
BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING
Rose Liu, Chief, Procurement Section
ADDRESS
800 Capitol Mall, MIC 62-C, Sacramento, CA 95814
Assistant City A
DATE SIGNED (Do not type)
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?x Exempt per:
DGS Exemption Letter No. 54.3
EXHIBIT 1
EDD Contract No, M387832
EDD/City of Santa Ana Work Center
Page 1 of 1
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
This Agreement is entered into by and between the Employment Development
Department, hereinafter referred to as EDD, and City of Santa Ana Work Center,
hereinafter referred to as Contractor, for the purpose of reimbursing the Contractor
for EDD's share of the telephone service cost at the Santa Ana One-Stop Career
Center located at 1000 East Santa Ana Blvd., Santa Ana, CA. EDD is co-located at
this site under the Workforce Investment Act (WIA) mandate.
2. The services shall be reimbursed in accordance with Attachment A-1, Specifications,
and Exhibit B-1, Budget Detail.
3. The project representative during the term of this agreement will be:
State Agency
Employment Development Department
Attn: Ana Martini
1000 East Santa Ana Blvd., Suite 103
Santa Ana, CA 92701
Phone: (714) 565-2680
Contractor
City of Santa Ana Work Center
Attn: Deborah Sanchez
1000 East Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
Phone: (714) 565-2621
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EDD Contract No. M387832
EDD/City of Santa Ana Work Center
Page 1 of 1
ATTACHMENT A-1
SPECIFICATIONS
The Employment Development Department (EDD) agrees to utilize the partners
telephone services at the Santa Ana One-Stop Career Center located at 1000 East
Santa Ana Blvd., Santa Ana, California.
Telephone Service Scenarios
• The partner agrees to provide the EDD staff with proprietary telephone system
instruments attached. Telephone services shall include, instrument, installation,
cross connects, dial tone access, long distance access, programming, voicemail,
maintenance, and shared incoming trunk cost.
• The partner agrees to coordinate the specific line appearance and ring programming
of the EDD staff telephone instruments with the EDD Data Processing Vendor
Management Unit Analyst and the local office manager. EDD staff instruments shall
restrict 900, 976, 3rd party, caller ID, and international calls.
• The Partner agrees to perform Moves, Adds, and Changes, (MAC's) to EDD
assigned system instruments. The Partner also agrees to perform MAC's for
peripheral EDD lines and instruments not connected to the partner telephone
system. Peripheral lines are identified as fax, modem, Unemployment Insurance
direct connects, etc.
• The Partner agrees to invoice the Department, in arrears, for applicable one-time
charges.
• The Partner agrees to invoice the Department (EDD) monthly in arrears for the
agreed upon ongoing telephone service charges, and, actual long distance and toll
charges incurred by the EDD staff using the partner telephone system. Long
distance and toll charges shall be itemized by station number in a monthly cost
accounting report that will be made available to the EDD manager.
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EDD Contract No. M387832
EDD/City of Santa Ana Work Center
Page 1 of 1
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Pavment
The total amount of this Agreement shall not exceed Thirty Seven Thousand Eight Hundred
Sixteen Dollars and No Cents ($37,816.00).
Invoices may be submitted monthly in triplicate, in arrears, and must reference the EDD
Contract Number M387832 and shall be forwarded to:
Employment Development Department
1000 E. Santa Ana Blvd., Suite 103
Santa Ana, CA 92701
Attn: Ana Martini
2. Budget Contingency Clause
It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of congressional and legislative appropriation of funds, for
the mutual benefit of both parties, in order to avoid program and fiscal delays which would
occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only if (1) sufficient funds are made available by the
State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the
purposes of this program; and (2) sufficient funds are made available to the State by the
United States Government or by the State of California for the Fiscal Year(s) covered by this
Agreement for the purposes of this program. In addition, this Agreement is subject to any
additional restrictions, limitations or conditions established by the United States Government
and/or the State of California, or any statute enacted by the Congress and Legislature, which
may affect the provisions, terms or funding of the Agreement in any manner.
EDD has the option to terminate the agreement under the 30-day termination clause or to
amend the Agreement to reflect any reduction of funds.
3. California Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code
Chapter 4.5, commencing with Section 927.
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EDD Contract No. M387832
EDD/City of Santa Ana Work Center
Page 1 of 1
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. Settlement of Disputes
In the event of a dispute between EDD and the Contractor over any part of this
Agreement, the dispute may be submitted to non-binding arbitration upon the
consent of both EDD and the Contractor. An election for arbitration pursuant to this
provision shall not preclude either party from pursuing any remedy for relief
otherwise available.
2. Workforce Investment Act
A. Contractor agrees to conform to nondiscrimination provisions of the Workforce
Investment Act (WIA) and other federal nondiscrimination requirement as
referenced in 29 CFR, Part 37.
B. Contractor agrees to conform to the provisions of the Workforce Investment Act
(WIA) and the contract requirements as referenced in 29 CFR Part 95, Appendix
A and 29 CFR, Part 97.36(i)(1-13).
3. Termination
This Agreement may be terminated by either party by giving written notice 30 days
prior to the effective date of such termination.
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CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTION
This certification is required by the regulations implementing Executive Order,
12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510,
Participants' responsibilities. The regulations were published as Part VII of the
May 26, 1988, Federal Register (Pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS WHICH
ARE AN INTEGRAL PART OF THE CERTIFICATION.)
The prospective recipient of Federal assistance funds certifies, by
submission of this proposal, that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to
certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
Nancy T. Edwards, Interim Executive Director
Name and Title of Authorized Representative
Signature
FD118 (Rev. 9/22/04)
Data
App-ROVED AS TO V0111
LISA E. S70RCK
Assistant City Attorney
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INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the prospective recipient of Federal
assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to whom this proposal is submitted if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules and implementing Executive Order 12549. You may contact the person
to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions, "without modification, in all lower tier covered
transaction and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may but is not required to, check the List of Parties Excluded From Procurement or
Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings,
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
FD118 (Rev. 9/22/04)
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CCC-307
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
City of Santa Ana - WORK Center Federal ID Number
95-6000 785
By (Authorized Signature)
___.._....._.._..-_.-__..._._...-.-_-._.__...._..._..----..---..____....._...._.._..__.__..._.._.__..__......._.___.._...,._..__._......_...._...
._....----..
.
.
..._.....
_
._
_._...._.____.______...__.._._.__.._.__.__...__..._.__---__-
Printed Name and Title of Person Signing
Nancy T. Edwards, Interim Executive Director
Date Executed Executed in the County of
Orange APPROVED AS TO F0
,.. I
CONTRACTOR CERTIFICATION CLAUSES LISA E. ST RCK
Assistant City Attorney,
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with
the nondiscrimination program requirements. (Gov. Code § 12990 (a-f) and CCR, Title 2,
Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a, Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations,
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
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certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code. § 10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286, 1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor, indentured labor under per al
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dinca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably required
by authorized officials of the contracting agency, the Department of Industrial Relations,
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or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after
January 1, 2007, the contractor certifies that contractor is in compliance with Public
Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
1), No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-malting
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-malting position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
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2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake. self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4, CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a, When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
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