HomeMy WebLinkAbout25C - AGMT - SSA VOCATIONAL TRAININGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 05, 2815
TITLE:
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
mrr* -
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMSER
Authorize the City Manager and Clerk of the Council to execute an agreement recognizing
$1,800,000 awarded to the City of Santa Ana, Santa Ana WORK Center by the County of Change
Social Services Agency for vocational training and work experience activities, effective July 1,
2015 through June 30, 2017, subject to non- substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The County of Orange Social Services Agency administers a CaIWORKs Welfare to Work (WTW)
Program designed to provide case management, job services, job training, and supportive service
to assist CaIWORKs 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 partnered with County of Orange Social Services
Agency for over 20 years to provide employment and training services, Three previous contracts
awarded between fiscal years 2012 -13 through 2014 -15 resulted In 296 Welfare -to -Work
participants enrolled into either vocational training or work experience programs, Participants have
achieved certificates in various types of training Including medical assistant, accounting clerks and
medical billing. Over 85% of enrollees have obtained employment,
The City of Santa Ana WORK Center was awarded a $1,800,000 contract to continue to provide
vocational training and work experience activities to CaIWORKs WTW participants, Staff will also
provide case management, employability skills training, worksite development and job placement
services. The program will serve 120 participants from July 1, 2015 through ,tune 30, 2018 and
120 participants from July 1, 2018 through June 30, 2017.
25C -1
County of Orange SSA Vocational
Training and Work Experience Program
May 05, 2015
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's effort to meet Goal #2 Youth, Education, Recreation,
Objective #4 (Partner with groups and organizations to promote education, senior services, job
training and development for all Santa Ana residents).
FISCAL IMPACT
Upon City Council's adoption of the budget, funds will be available in the County of Orange Social
Services Agency Welfare to Work Program account (no. 12418737 - various).
Kelwwq�w
ly Ree&ers
Executive Director
Community Development Agency
KR /CD /sg /sb
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. County of Orange Social Services Agency Agreement
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AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF VOCATIONAL TRAINING ACIIVITIES AND WORK EXPERIENCE
THIS AGREEMENT, entered into this 1st day of July, 2015, which date is
particularized for purpose of reference only, is by and between the COUNTY OF
ORANGE, hereinafter referred to as "COUNTY," and CITY OF SANTA ANA, a Charter
city and Municipal Corporation, hereinafter referred to as "CONTRACTOR." This
Agreement shall be administered by the County of Orange Social Services Agency
Director or designee, hereinafter referred to as "ADMINISTRATOR."
WITNESSETH:
WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of
vocational training activities and work experience; and
WHEREAS, CONTRACTOR agrees to render such services on the terms and
conditions hereinafter set forth;
WHEREAS, such services are authorized and provided for pursuant to
California Welfare and Institutions Code Section 11200 et seq., also known as
the California Work Opportunity and Responsibility to Kids (Cd1WORKS) Act.
NOW. THEREFORE. IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS
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Page
1.
TERM ................................... ...............................
4
2.
ALTERATION OF TERMS .................... ...............................
4
3.
STATUS OF CONTRACTOR ................... ...............................
4
4.
DESCRIPTION OF SERVICES, STAFFING ...... ...............................
5
S.
LICENSES AND STANDARDS ................. ...............................
5
6.
DELEGATION AND ASSIGNMENT / SUBCONTRACTS . ...............................
6
7.
FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE............
8
8.
NON -DI CRIMINATION .................... ...............................
10
9.
NOTICES ............................... ...............................
14
10.
NOTICE OF DELAYS ...................... ...............................
14
11.
INDEMNIFICATION ....................... ...............................
14
12.
INSURANCE....................... .............. ............... .......
. 15
13.
NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS ...........................
19
14.
CONFLICT OF INTERFS1 .................. ...............................
19
15.
ANTI -PR EL T SM PROVISION ............ ...............................
20
16.
SUPPLANTING GOVERNMENT FUNDS .......... ...............................
20
17.
EQUIPMENT ............................. ...............................
20
18.
BREACH SANCTIONS ...................... ...............................
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19.
PAYMENTS .............................. ...............................
22
20.
OVERPAYMENTS .......................... ...............................
24
21.
OUTSTANDING ...................... ...............................
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22.
REVENUE ............................... ...............................
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23.
PROGRAM INCOME ........................ ...............................
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24.
FINAL�T.........................................................
26
25.
INDEP�AUDIT ..................... ...............................
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26.
RECORDS, PECTIONS AND AUDITS ....... ...............................
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27.
PERSONNEL DISCLOSURE .................. ...............................
29
28.
CHILD AND DEPENDENT ADULT /ELDER ABUSE REPORTING ......................
31
29.
NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW........
32
30.
CONFIDENTIALITY ....................... ...............................
32
31.
COPYRI ACCESS ...................... ...............................
33
32.
WAIVER ................................ ...............................
33
33.
PETTY CASH ............................ ...............................
33
34.
PUBL�Y- ............................ ...............................
33
35.
COURFSPONSIBILITIES ............... ...............................
34
36.
REFERRALS ............................. ...............................
34
37.
REP ............................. ...............................
34
38.
ENER Y EFFICIENCY STANDARDS ........... ...............................
35
39.
ENVIRONMENTAL PROTECTION STANDARDS .... ...............................
35
40.
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS .................. ...............................
35
41.
POLITICAL ACTI TY .................... ...............................
37
42.
HERMINAIIUN PROVISIONS ................ ...............................
37
43.
GOVERNING LAW ANT77FUE ............... ...............................
38
44.
SIGNATURE IN PARTS ............. ...............................
38
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EXHIBIT A
1.
PROGRAM OBJECTIVE AND GOALS ............ ...............................
1
2.
POPULAIION TO BE SERV ................ ...............................
2
3.
DEFINITIONS ............................ ...............................
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4.
SERVICES ............................... ...............................
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S.
COF ACIOR RESPONSIBILITIES ............ ...............................
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6.
PRINCIPLES ............................. ...............................
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7.
UT IDE TO NTACTS :...................... ...............................
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8.
FACILITIES ............................. ...............................
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9.
REPORTING REQUIREMENTS
................ ...............................
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10.
PE 0
RING AND REVIEW ..... ...............................
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11.
QUALI1Y
CONIROL ................. .. ........ I..........................
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12.
EE FARGT� .............. ...... .... ..............................
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13.
HANDLING COMPLAINTS ................... ...............................
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14.
HOURS OF OPERATI .................... ...............................
14
15.
BUDGET ......... ...................... ...............................
15
16.
SAFT .. ................................ .............I.................
17
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1. TERM
The term of this Agreement shall commence on July 1, 2015, and terminate
on June 30, 2017, unless earlier terminated pursuant to the provisions of
Paragraph 42 of this Agreement; however, CONTRACTOR shall be obligated to
perform such duties as would normally extend beyond this term, including but
not limited to, obligations with respect to indemnification, audits,
reporting, and accounting. CONTRACTOR and ADMINISTRATOR may mutually agree in
writing to extend the term of this Agreement, for up to twelve (12) additional
months upon the same terms and conditions, provided that COUNTY's total
maximum obligation as stated in Subparagraph 19.1 of this Agreement does not
increase as a result.
2. ALTERATION OF TERMS
This Agreement, including any Exhibit(s) attached hereto and
incorporated by reference, fully expresses all understandings of the parties
and is the total Agreement between the parties as to the subject matter of
this Agreement. No addition to, or alteration of, the terms of this
Agreement, whether written or verbal, by the parties, their officers, agents,
or employees, shall be valid unless made in the form of a written amendment to
this Agreement which is formally approved and executed by both parties.
3. STATUS OF CONTRACTOR
3.1 CONTRACTOR is and shall at all times be deemed to be an
independent contractor and shall be wholly responsible for the manner in which
it performs the services required of it by the terms of this Agreement.
Nothing herein contained shall be construed as creating the relationship of
employer and employee, or principal and agent, between COUNTY and CONTRACTOR
or any of CONTRACTOR's agents or employees. CONTRACTOR assumes exclusively
the responsibility for the acts of its employees or agents as they relate to
services to be provided during the course and scope of their employment.
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3.2 CONTRACTOR, its agents, employees and volunteers shall not be
entitled to any rights and /or privileges of COUNTY employees, and shall not be
considered in any manner to be COUNTY employees.
4. DESCRIPTION OF SERVICES, STAFFING
4.1 CONTRACTOR agrees to provide those services, facilities, equipment
and supplies as described in the Exhibit "A" to the Agreement between County
of Orange and City of Santa Ana for the Provision of Vocational Tralring
Activities and Work Experience, attached hereto and incorporated herein by
reference. CONTRACTOR shall operate continuously throughout the term of this
Agreement with the number and type of staff described and as required for
provision of services hereunder.
4.2 Subject to thirty (30) days written notice, ADMINISTRATOR may
require changes in staffing allocations to reflect current workload demands or
service needs as long as COUNTY's maximum obligation as set forth in ,his
Agreement is not exceeded.
4.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send
appropriate staff to attend an orientation session and subsequent training
sessions given by COUNTY.
5. LICENSES AND STANDARDS
5.1 CONTRACTOR warrants that it has all necessary licenses and permits
required by the laws of the United States, State of California, County of
Orange and all other appropriate governmental agencies to perform the services
described in this Agreement, and agrees to maintain these licenses and permits
in effect for the du,ation of this Agreement. Further, CONTRACTOR warrants
that its employees shall conduct themselves in compliance with such laws and
]!censure requirements including, without limitation, compliance with -aws
applicable to sexual harassment and ethical behavior.
5.2 In the performance of this Agreement, CONTRACTOR shall comply,
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unless waived in whole or in part by ADMINISTRATOR, with all applicable
provisions of the California Welfare and Institutions Code (WIC); Title 45 of
the Code of Federal Regulations (CFR); Federal Office of Management and Budget
(OMB) Circulars A -21, A -122, and A -87; Title 48 CFR Section 31.2; and all
applicable laws and regulations of the United States, State of California,
County of Orange Social Services Agency and all administrative regulations,
rules and policies adopted thereunder as each and all may now exist or be
hereafter amended.
5.2.1 For Federally funded agreements in the amount of $25,000
or more, CONTRACTOR certifies that said Agency's officers and /or principals
are not debarred o^ suspended from Federal financial assistance programs
and /or activities.
6. DELEGATION AND ASSIGNMENT /SUBCONTRACTS
6.1 Delegation and Assignment:
In the performance of this Agreement, CONTRACTOR may ne ther
delegate its duties or obligations nor assign its rights, either in whole or
in part, without the prior written consent of COUNTY. Any attempted
delegation or assignment without prior written consent shall be void. The
transfer of assets in excess of ten percent (10 %) of the total assets of
CONTRACTOR, or any change in the corporate structure, the governing body, or
the management of CONTRACTOR, which occurs as a result of such transfer, shall
be deemed an assignment of benefits under the terms of this Agreement
requiring COUNTY approval.
6.2 Subcontracts:
CONTRACTOR shall not subcontract for services under this Agreement
without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents
in writing to a subcontract, in no event shal the subcontract alter, in any
way, any legal responsibility of CONTRACTOR to COUNTY. All subcontracts must
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be in writing and copies of same shall be provided to ADMINISTRATOR.
CONTRACTOR shall include in each subcontract any provision ADMINISTRATOR may
require.
6.2.1 Subcontracts of $25.000 or 1
CONTRACTOR shall develop a standard form Purchase Order,
subject to prior written approval of ADMINISTRATOR, to be utilized for the
purchase of services by CONTRACTOR when the cumulative total cost of the
services to be provided by any organization is anticipated to be twenty -five
thousand dollars ($25,000) or less during the term of this Agreement. The
basis for costs incurred by any such Purchase Order(s) shall be the actual
cost of providing services or the usual and customary charges established by
the organization(s) providing the services.
6.2.2 Subcontracts in excess of $25,000:
CONTRACTOR shall develop and submit for approval to
ADMINISTRATOR a system for the procurement of subcontracts with any
organization in which the total cumulative cost of services provided by any
single organization is anticipated to exceed twenty -five thousand dollars
($25,000) during the term of this Agreement. CONTRACTOR's proposed
procurement system shall take into consideration such factors as: degree of
price competition; pricing policies and techniques; experience and quality of
service; methods of evaluating subcontractor responsibility; relationship of
subcontractor to CONTRACTOR; and planning, award, and post -award management of
subcontracts, including internal audit procedures and monitoring of
subcontractor's performance until completion of services.
Upon ADMINISTRATOR's approval of CONTRACTOR's proposed
procurement system, CONTRACTOR shall comply with such procurement system in
obtaining subcontracts with a total cost in excess of twenty -five thousand
dollars ($25,000) during the term of this Agreement. In addition, CONTRACTOR
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shall obtain ADMINISTRATOR's written consent prior to entering into a
subcontract with any organization when the total cumulative cost of services
to be provided by that organization is anticipated to exceed twenty -five
thousand dollars (825,000) during the term of this Agreement.
CONTRACTOR and its subcontractor(s) shall establish and
maintain accurate and complete financial records related to services provided
under the terms of this Agreement. Such records may be subject to the
satisfaction of ADMINISTRATOR, and to the examination and audit by
ADMINISTRATOR or designee, for a period of five (5) years, or until any
pending audit is completed.
7. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE
7.1 Form of Business Organization:
Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and
submit, within thirty (30) days thereafter, an affidavit executed by persons
satisfactory to ADMINISTRATOR containing, but not limited to, the following
information:
7.1.1 The form of CONTRACTOR's business organization, i.e.,
proprietorship, partnership, corporation, etc.
7.1.2 A detailed statement indicating the relationship of
CONTRACTOR, by way of ownership or otherwise, to any parent organization or
individual.
7.1.3 A detailed statement indicating the relationship of
CONTRACTOR to any subsidiary business organization or to any individual who
may be providing services, supplies, material or equipment to CONTRACTOR or in
any manner does business with CONTRACTOR under this Agreement.
7.2 Change in Form of Business Organization:
If during the term of this Agreement the form of CONTRACTOR's
business organization changes, or the ownership of CONTRACTOR changes, or
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CONTRACTOR's relationship to other businesses dealing with CONTRACTOR under
this Agreement changes, CONTRACTOR shall promptly notify ADMINISTRATOR, in
writing, detailing such changes. A change in the form of business
organization may, at COUNTY's sole discretion, be treated as an attempted
assignment of rights or delegation of duties of this Agreement.
7.3 Real Property Disclosure:
If CONTRACTOR is occupying any real property under any agreement,
oral or written, where persons are to receive services hereunder, CONTRACTOR
shall submit the following information in addition to a copy of the lease,
license or rental agreement, as well as any other information requested, prior
to the provision of services under this Agreement:
7.3.1 The location by street address and city of any such real
property.
7.3.2 The fair market value of any such real property as such
value is reflected on the most recently issued County Tax Collector's tax
bill.
7.3.3 A detailed description of all existing and pending
agreements, with respect to the use or occupation of any such real property.
Such description shall include, but not be limited to:
7.3.3.1 The term duration of any rental, lease or
license agreement:
7.3.3.2 The amount of monetary consideration to be paid
to the lessor or licensor over the term of the rental, lease or license
agreement;
7.3.3.3 The type and dollar value of any other
consideration to be paid to the lessor or licensor; and
7.3.3.4 The full names and addresses of all parties to
any agreement concerning the real property and a listing of liens (if any)
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thereof, together with a listing by full names and addresses of all officers,
directors and stockholders of any private corporation, and a similar listing
of all general and limited partners of any partnership which is a party.
7.3.4 A listing by full names of all of CONTRACTOR's officers,
directors and /or partners, members of its administrative and advisory boards,
staff and consultants, who have any family relationship by marriage or blood
with a party to any agreement concerning real property referred to in
Subparagraph 7.3.3, immediately above, or who have any present or future
financial interest in such person's business, whether the entity concerned is
a corporation or partnership. Such listing shall also include the full names
of all of CONTRACTOR's officers, directors, partners and those holding a
financial interest. Included are members of its advisory boards, members of
its staff and consultants, who have any fami y relationship by marriage or
blood to an officer, director, or stockholder of the corporation or to any
partner of the partnership. In preparing the latter listing, CONTRACTOR shall
also indicate the names of the officers, directors, stockholders, or
partner(s), as appropriate, and the family relationship which exists between
such person(s) and CONTRACTOR's representatives listed.
7.3.5 True and correct copies of all agreements with respect to
any such real property shall be appended to the documentation described above
and made a part thereof. If, during the term of this Agreement, there is a
change in the agreement(s) with respect to real property where persons receive
services, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing,
describing such changes.
8. NON- DISCRIMINATION
8.1 In the performance of this Agreement, CONTRACTOR agrees that it
shall not engage nor employ any unlawful d-scriminatory practices in the
admission of clien's, provision of services or benefits, assignment of
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accommodations, treatment, evaluation, employment of personnel or in any other
respect on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, military and veteran status or any other protected
group in accordance with the requirements of all applicable Federal or State
laws.
8.2 CONTRACTOR shall develop an Affirmative Action Program Plan which
meets the lawful and applicable requirements of the U.S. Department of Health
and Human Services.
8.3 CONTRACTOR shall furnish any and all information requested by
ADMINISTRATOR and shall permit ADMINISTRATOR access, during business hours, to
books, records and accounts in order to ascertain CONTRACTOR's compliance with
Paragraph 8 et seq.
8.4 CONTRACTOR shall comply with Executive Order 11246, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 and as
supplemented in Department of Labor regulations (Title 41 CFR Part 60).
8.5 Non - Discrimination in Employment:
8.5.1 All solicitations or advertisements for employees placed
by or on behalf of CONTRACTOR shall state that all qualified applicants will
receive consideration for employment without regard to race, religious creed,
color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, military and veteran
status or any other protected group in accordance with the requirements of all
applicable Federal or State laws. Notices describing the provisions of the
equal opportunity clause shall be posted in a conspicuous place for employees
and job applicants.
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8.5.2 CONTRACTOR shall refer any and all employees desirous of
filing a formal discrimination complaint to:
California Department of Social Services
Public Inquiry and Response Bureau
P.O. Box 944243, M.S. 8 -3 -23
Sacramento, CA 94244 -2430
Telephone: (800) 952 -5253
(800) 952 -8349 (For the hart of hearing)
8.6 Non - Disc ^imination in Service Delivery:
8.6.1 CONTRACTOR shall comply with Titles VI and VII of the
Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of
1973, as amended; tre Age Discrimination Act of 1976, as amended; the Food
Stamp Act of 1977, as amended, and in particular Section 272.6; Title 11 of
the Americans with Disabilities Act of 1990; California Civil Code Section 51
et seq., as amended; California Government Code (CGC) Sections 11135 - 11139.5,
as amended; CGC Section 12940 (c), (h) (1), (1), and (j): CGC Section 4450;
Title 22, California Code of Regulations (CCR) Sections 98000 - 98413; Title 24,
CCR Section 3105A(e): the Dymally - Alatorre Bilingual Services Act (CGC Section
7290 - 7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption
Act of 1996; and other applicable Federal and State laws, as well as their
implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7
CFR Part 15; and Title 28 CFR Part 42), and any other law pertaining to Equal
Employment Opportunity, Affirmative Action are Nondiscrimination as each may
now exist or be hereafter amended. CONTRACTOR shall not implement any
administrative methods or procedures which would have a discriminatory effect
or which would violate the California Department of Social Services (CDSS)
Manual of Policies and Procedures (MPP) Division 21, Chapter 21 -100. If ,here
are any violations of this Paragraph, CDSS shall have the right to invoke
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fiscal sanctions or other legal remedies in accordance with WIC Section 10605,
or CGC Sections 11135- 11139.5, or any other laws, or the issue may be referred
to the appropriate Federal agency for further compliance action and
enforcement of Subparagraph 8.6 et seq.
8.6.2 CONTRACTOR shall provide any and all clients desirous of
filing a formal complaint any and all information as appropriate:
8.6.2.1 Pamphlet: "Your Rights Under California Wel'are
Programs" (PUB 13)
(WRR0415)
8.6.2.2 Discrimination Complaint Form
8.6.2.3 Civil Rights Contacts:
County Civil Rights Contact:
Orange County Social Services Agency
Program Integrity
Attn: Civil Rights Coordinator
P.O. Box 22001
Santa Ana, CA 92702 -2001
Telephone: (714) 438 -8877
State Civil Rights Contact:
California Department of Social Services
Civil Rights Bureau
P.O. Box 944243, M.S. 15 -70
Sacramento, CA 94244 -2430
Federal Civil Rights Contact:
U.S. Department of Health and Human Services
Office of Civil Rights
50 U.N. Plaza, Room 322
San Francisco, CA 94102
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9. NOTICES
9.1 All notices, claims, correspondence, reports, and /or statements
authorized or required by this Agreement shall be addressed as follows:
COUNTY: County of Orange Social Services Agency
Contract Services
600 N. State College Blvd.
Orange, CA 92868 -1600
CONTRACTOR: City of Santa Ana /Santa Ana WORK Center
1000 E. Santa Ana Blvd.. Suite 200
Santa Ana, CA 92701
9.2 All notices shall be deemed effective when in writing and
deposited in the United States mail, first class, postage prepaid and
addressed as above. Any notices, claims, correspondence, reports and /or
statements authorized or required by this Agreement addressed in any other
fashion shall be deemed not given. ADMINISTRATOR and CONTRACTOR may mutually
agree in writing to change the addresses to which notices are sent.
10. NOTICE OF DELAYS
Except as otherwise provided under this Agreement, when either party has
knowledge that any actual or potential situation is delaying or threatens to
delay the timely performance of this Agreement, that party shall, within one
(1) business day, give notice thereof, including all relevant information with
respect thereto, to the other party.
11. INDEMNIFICATION
11.1 CONTRACTOR agrees to indemnify, defend with counsel approved in
writing by COUNTY, and hold U.S. Department of Health and Human Services, the
State, COUNTY, and their elected and appointed officials, officers, employees,
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agents and those special districts and agencies which COUNTY's Boarc of
Supervisors acts as the governing Board ( "COUNTY INDEMNITEES ") harmless from
any claims, demands or liability of any kind or nature, including but not
limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by CONTRACTOR pursuant to
this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a
court of competent jurisdiction because of the concurrent active negligence of
COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will
be apportioned as determined by the court. Neither party shall request a jury
apportionment.
12. INSURANCE
12.1 Prior to the provision of services under this Agreement,
CONTRACTOR agrees to purchase all required insurance or maintain a program of
self - insurance at CONTRACTOR's expense, and to deposit with ADMINISTRATOR
Certificates of Insurance, including all endorsements required herein,
necessary to satisfy COUNTY that the insurance provisions of this Agreement
have been complied with, and to keep such insurance coverage and the
certificates therefore on deposit with ADMINISTRATOR during the entire term of
this Agreement. CONTRACTOR shall ensure that all subcontractors performing
work on behalf of Contractor pursuant to this agreement shall be covered under
Contractor's insurance as an Additional Insured or maintain insurance subject
to the same terms and conditions as set forth herein for Contractor.
Contractor shall not allow subcontractors to work if subcontractors have less
than the level of coverage required by County from Contractor under this
agreement. It is the obligation of Contractor to provide notice of the
insurance requiremen.s to every subcontractor and to receive proof of
insurance prior to allowing any subcontractor to begin work. Such proof of
insurance must be maintained by Contractor through the entirety of this
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agreement for inspection by County representative(s) at any reasonable time.
12.2 CONTRACTOR shall ensure that all subcontractors performing work on
behalf of CONTRACTOR pursuant to this Agreement shall obtain insurance subject
to the same terms and conditions as set forth herein for CONTRACTOR.
12.3 All self - insured retentions (SIRS) and deductibles shall be
clearly stated on the Certificate of Insurance. If no SIRS or deductibles
apply, indicate this on the Certificate of Insurance with a zero (0) by the
appropriate line of coverage.
12.4 If CONTRACTOR fails to maintain insurance acceptable to COUNTY for
the full term of this Agreement, COUNTY may terminate this Agreement.
12.5 Qualified Insurer:
12.5.1 The policy or policies of insurance required herein must
be issued by an insurer with a minimum rating of A- (Secure A.M. Best's
Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide /Property- Casualty /United States or
ambest.com). It is creferred, but not mandatory, that the insurer be licensed
to do business in the state of California (California Admitted Carrier).
12.6 If the insurance carrier does not have an A.M. Best Rating of A-
/VIII, the CEO /Office of Risk Management retains the right to approve or
reject a carrier after a review of the company's performance and financial
rating.
12.7 The policy or policies of insurance maintained by CONTRACTOR shall
provide the minimum limits and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability
Automobile Liability including coverage for
owned, non -owned and hired vehicles
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$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
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Workers' Compensation
Employer's Liability Insurance
Sexual Misconduct Liability
Statutory
$1,000,000 per occurrence
$1,000,000 per occurrence
12.8 Reguired Coverage Forms:
12.8.1 Commercial General Liability coverage shall be written on
Insurance Services Office (ISO) form CG 00 01, or a substitute form providing
liability coverage at least as broad.
12.8.2 Business Auto Liability coverage shall be written on ISO
form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing
coverage at least as broad.
12.9 Repaired Endorsements:
12.9.1 Commercial General Liability policy shall contain the
following endorsements, which shall accompany the Certificate of Insurance:
12.9.1.1 An Additional Insured endorsement using ISO form
CG 2010 or CG 2033 or a form at least as broad naming the County of Orange,
its elected and appointed officials, officers, employees, agents as Additional
Insureds.
12.9.1.2 A primary non - contributing endorsement
evidencing that CONTRACTOR's insurance is primary and any insurance or self -
insurance maintained by the County of Orange shall be excess and non-
contributing.
12.10 All insurance policies required by this Agreement shall waive all
rights of subrogation against the County of Orange, its elected and appoirted
officials, officers, agents and employees when acting within the scope of
their appointment or employment.
12.11 The Workers' Compensation policy shall contain a waiver of
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subrogation endorsement waiving all rights of subrogation against the County
of Orange, its elected and appointed officials, officers, agents and
employees.
12.12 CONTRACTOR shall notify County in writing within thirty (30) days
of any policy cancellation and ten (10) days for non - payment of premium and
provide a copy of the cancellation notice to County. Failure to prcvide
written notice of cancellation may constitute a material breach of the
contract, upon which the County may suspend or terminate this Agreement.
12.13 The Commercial General Liability policy shall contain a
severability of interests clause also known as a "separation of insureds"
clause (standard in the ISO CG 0001 policy).
12.14 Insurance certificates should be mailed to COUNTY at the address
indicated in Paragrach 9 of this Agreement.
12.15 If CONTRACTOR fails to provide the insurance certificates and
endorsements within seven (7) days of notification by CEO /County Procurement
Office or ADMINISTRATOR, award may be made to the next qualified proponent.
12.16 COUNTY expressly retains the right to require CONTRACTOR to
increase or decrease insurance of any of the above insurance types throughout
the term of this Agreement. Any increase or decrease in insurance will be as
deemed by County of Orange Risk Manager as appropriate to adequately protect
COUNTY.
12.17 COUNTY shall notify CONTRACTOR in writing of changes in the
insurance requirements. If CONTRACTOR does not deposit copies of acceptable
certificates of insurance and endorsements with COUNTY incorporating such
changes within thirty (30) days of receipt of such notice, this Agreement may
be in breach without further notice to CONTRACTOR, and COUNTY shall be
entitled to all legal remedies.
12.18 The procuring of such required policy or policies of insurance
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shall not be construed to limit CONTRACTOR's liability hereunder nor to
fulfill the indemnification provisions and requirements of this Agreement, nor
act in any way to reduce the policy coverage and limits available from the
insurer.
13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS
CONTRACTOR shall report to COUNTY:
13.1 Any accident or incident relating to services performed under this
Agreement which involves injury or property damage which may result in the
filing of a claim or lawsuit against CONTRACTOR and /or COUNTY. Such report
shall be made in writing within twenty -four (24) hours of occurrence.
13.2 Any third party claim or lawsuit filed against CONTRACTOR arising
from or related to services performed by CONTRACTOR under this Agreement.
Such report shall be submitted to COUNTY within twenty -four (24) hours of
occurrence.
13.3 Any injury to an employee of CONTRACTOR that occurs on COUNTY
property. Such report shall be submitted to COUNTY within twenty -four (24)
hours of occurrence.
13.4 Any loss, disappearance, destruction, misuse, or theft of any kind
whatsoever of COUNTY property, monies, or securities entrusted to CONTRACTOR
under the term of this Agreement. Such report shall be submitted to COUNTY
within twenty -four (24) hours of occurrence.
14. CONFLICT OF INTEREST
14.1 CONTRACTOR shall exercise reasonable care and diligence to prevent
any actions or conditions that could result in a conflict with the best
interests of COUNTY. This obligation shall apply to CONTRACTOR's employees,
agents, relatives, subcontractors, and third parties associated with
accomplishing the work hereunder.
14.2 CONTRACTOR's efforts shall include, but not be limited to,
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establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or
other considerations which could be deemed to appear to influence individuals
to act contrary to tre best interests of COUNTY.
15. ANTI - PROSELYTISM PROVISION
No funds provided directly to institutions or organizations to provide
services and administer programs under Title 42 United States Code (USC)
Section 604(a)(1)(A) shall be expended for sectarian worship, instruction, or
proselytization, except as otherwise permitted by law.
16. SUPPLANTING GOVERNMENT FUNDS
CONTRACTOR shall not supplant any Federal, State or COUNTY funds
intended for the purposes of this Agreement with any funds made available
under this Agreement. CONTRACTOR shall not claim reimbursement from COUNTY
for, or apply sums received from COUNTY with respect to, that portion of its
obligations which have been paid by another source of revenue. CONTRACTOR
agrees that it shall not use funds received pursuant to this Agreement, either
directly or indirectly, as a contribution or compensation for purposes of
obtaining Federal, State or COUNTY funds under any Federal, State or COUNTY
program without prior written approval of ADMINISTRATOR.
17. EQUIPMENT
17.1 All items purchased with funds provided under this Agreement, or
which are furnished to CONTRACTOR by COUNTY, wrich have a single unit cost of
at least five thousand dollars ($5,000), including sales tax, shall be
considered Capital Equipment. Title to all Capital Equipment shall, upon
purchase, vest and remain in COUNTY. The use of such items of Capital
Equipment is limited to the performance of this Agreement. Upon the
termination of this Agreement, CONTRACTOR shall immediately return any items
of Capital Equipment to COUNTY or its representatives, or dispose of them in
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accordance with the directions of ADMINISTRATOR.
CONTRACTOR further agrees to the following:
17.1.1 To maintain all items of Capital Equipment in good working
order and condition, normal wear and tear excepted.
17.1.2 To label all items of Capital Equipment, do periodic
inventories as required by ADMINISTRATOR and to maintain an inventory list
showing where and hour the Capital Equipment is being used, in accordance with
procedures developed by ADMINISTRATOR. All such lists shall be submitted to
ADMINISTRATOR within ten (10) days of any request therefore.
17.1.3 To report in writing to ADMINISTRATOR immediately after
discovery, the loss or theft of any items of Capital Equipment. For stolen
items, the local law enforcement agency must be contacted and a copy of the
police report submitted to ADMINISTRATOR.
17.1.4 To purchase a policy or policies of insurance covering
loss or damage to any and all Capital Equipment purchased under this
Agreement, in the amount of the full replacement value thereof, providing
protection against the classification of fire, extended coverage, vandalism,
malicious mischief and special extended perils (all risks) covering the
parties' interests as they appear.
17.2 The purchase of any Capital Equipment by CONTRACTOR shall be
requested in writing, shall require the prior written approval of
ADMINISTRATOR, and stall fulfill the provisions of this Agreement which are
appropriate and directly related to CONTRACTOR's service or activity under the
terms of this Agreement. COUNTY may refuse reimbursement for any costs
resulting from Capital Equipment purchased, which are incurred by CONTRACTOR,
if prior written approval has not been obtained from ADMINISTRATOR.
17.3 Personal Computer Equipment:
No personal computers and /or personal electronic devices, such as
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tablets and laptop computers, or any component thereof may be purchased with
funds provided under this Agreement.
18. BREACH SANCTIONS
Failure by CONTRACTOR to comply with any of the provisions, covenants,
or conditions of this Agreement shall be a material breach of this Agreement.
In such event, ADMINISTRATOR may, and in addition to imredlate termination and
any other remedies available at law, in equity, or otherwise specified in this
Agreement:
18.1 Afford CONTRACTOR a time period within which to cure the breach,
which period shall be established by ADMINISTRATOR; and /or
18.2 Discontinue reimbursement to CONTRACTOR for and during the period
in which CONTRACTOR is in breach, which reimbursement shall not be entitled to
later recovery; and /or
18.3 Offset against any monies billed by CONTRACTOR but yet unpaid by
COUNTY those monies disallowed pursuant to Subparagraph 18.2 above.
ADMINISTRATOR will give CONTRACTOR written notice of any action
pursuant to this Paragraph, which notice shall be deemed served on the date of
mailing.
19. PAYMENTS
19.1 Maximum Contractual Obligation:
The total maximum obligation of COUNTY under this Agreement shall
not exceed the amount of $1,600,000; the amount of $800,000 for July 1, 2015
through June 30, 2016 and the amount of $800,000 for July 1, 2016 through June
30, 2017, or actual allowable costs, whichever is less.
19.2 Allowable Costs:
During the term of this Agreement, COUNTY shall pay CONTRACTOR
monthly in arrears, for actual allowable costs incurred and paid by CONTRACTOR
pursuant to this Agreement, as defined in OMB Circular A -87 or as approved by
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ADMINISTRATOR. However, COUNTY, in its sole discretion, may pay CONTRACTOR
for anticipated allowable costs that will be incurred by CONTRACTOR for June
2016 and June 2017, during the month of such anticipated expenditure.
19.3 Claims:
19.3.1 CONTRACTOR shall submit monthly claims to be received by
ADMINISTRATOR no later than the twentieth (20th) calendar day of the month for
expenses incurred in the preceding month. In the event the twentieth (20th)
calendar day falls on a weekend or COUNTY holiday, CONTRACTOR shall submit the
claim the next business day. COUNTY holidays include New Year's Day, Ma -tin
Luther King Day, President Lincoln's Birthday, Presidents' Day, Memorial Day,
Independence Day, Ldoor Day, Columbus Day, Veterans Day, Thanksgiving Day,
Friday after Thanksgiving, and Christmas Day.
19.3.2 All claims must be submitted on a form approved by
ADMINISTRATOR. ADMINISTRATOR may require CONTRACTOR to submit supporting
source documents witr the monthly claim, including, inter alia, a monthly
statement of services, general ledgers, supporting journals, time sheets,
invoices, canceled checks, receipts, and receiving records, some of which may
be required to be copied. Source documents that CONTRACTOR must submit shall
be determined by ADMINISTRATOR and /or COUNTY's Auditor- Controller. CONTRACTOR
shall retain all financial records in accordance with Paragraph 26 (Records,
Inspections, and Audis) of this Agreement.
19.3.3 Payments should be released by COUNTY within a reasonable
time period of approximately thirty (30) days after receipt of a correctly
completed claim form and required supporting documentation.
19.3.4 Year End and Final Claims:
19.3.4.1 Final claims for the term of July 1, 2015
through June 30, 2016, must be received no later than August 30, 2016 at 5:00
p.m.
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19.3.4.2
Final claims
for
the
term of July
1,
2016
through June 30, 2017,
must
be received no
later
than
August 30, 2017
at
5:00
p.m.
19.3.4.3
Claims received
after the dates specified in
Subparagraphs 19.3.4.1
to 19.3.4.2 may, at ADMINISTRATOR's
sole discretion,
not be reimbursed.
ADMINISTRATOR
may modify
the daLe upon which the final
claim per term must
be
received, upon written
notice to CONTRACTOR.
19.3.4.4
The basis for
final settlement shall be the
actual allowable costs
as defined in Title
45 CFR and OMB Circular A -87,
incurred and paid by CONTRACTOR pursuant to this Agreement; limited, however,
to the maximum obligation of COUNTY. In the event that any overpayment has
been made, COUNTY may offset the amount of the overpayment against the final
payment. In the event overpayment exceeds the final payment, CONTRACTOR shall
pay COUNTY all such sums within five (5) business days of notice from COUNTY.
Nothing herein shall be construed as limiting the remedies of COUNTY in the
event an overpayment has been made.
19.3.5 Seventy -Five Percent Expenditure Notification:
19.3.5.1 CONTRACTOR shall maintain a system of record
keeping that will allow CONTRACTOR to determine when it has incurred seventy -
five percent (75 %) of the total contract authorizations under this Agreement.
Upon occurrence of this event, CONTRACTOR shall send written notification to
ADMINISTRATOR.
20. OVERPAYMENTS
Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which
CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in
accordance with any applicable regulations and /or policies in effect during
the term of this Agreement, or as established by COUNTY procedure. Any
overpayments made by COUNTY which result from a payment by any other funding
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source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the
funding source. Unless earlier repaid, CONTRACTOR shall make repayment within
thirty (30) days after the date of the final audit findings report and prior
to any administrative appeal process. In the event an overpayment owing by
CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR
shall reimburse COUNTY within thirty (30) days thereafter and prior to any
administrative appeal process. CONTRACTOR agrees to pay all costs incurred by
COUNTY necessary to enforce the provisions set forth in this Paragraph.
21. OUTSTANDING DEBT
CONTRACTOR shall have no outstanding debt with ADMINISTRATOR, or shall
be in the process of resolving outstanding debt to ADMINISTRATOR's
satisfaction, prior to entering into and during the term of this Agreement.
22. REVENUE
Whenever CONTRACTOR receives any money specifically designated for use
in programs funded through this Agreement, such monies shall be considered a
cost off -set and treated as a reduction against the amount claimed by
CONTRACTOR, except for Program Income as defined in Title 45 CFR Section
92.25, as that section currently exists or may be hereafter amended. The
procedure for designating money as Program Income is set forth in Paragraph 23
of this Agreement.
23. PROGRAM INCOME
It is mutually understood that the State or Federal agency responsible
for providing the funding for this Agreement may designate certain revenue of
CONTRACTOR as Program Income. To be designated as Program Income and,
therefore, as other than a cost off -set, CONTRACTOR shall do all of the
following:
23.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed
Program Income;
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23.2 Set up and maintain a separate bank account for any proposed
Program Income and account for any and all such income received; and
23.3 Report to ADMINISTRATOR any and all Program Income received no
later than thirty (30) days from the date of receipt, record the amount
received on internal financial records, and indicate the amount received on
the monthly claim submitted to ADMINISTRATOR.
23.4 ADMINISTRATOR will then forward the plan for the requested use of
the proposed Program Income to the appropriate State and /or Federal agencies
for approval.
23.5 CONTRACTOR shall not spend any of the proposed Program Income
unless or until such time as ADMINISTRATOR obtains authorization for the use
of the Program Income from the responsible State and /or Federal agency and
provides CONTRACTOR with prior written approval for the use of the funds.
23.6 ADMINISTRATOR may issue future policy statements and /or
instructions with respect to Program Income. CONTRACTOR shall immediately
comply with such policy statements and /or instructions.
24. FINAL REPORT
CONTRACTOR shall complete and submit to ADMINISTRATOR a final report
within sixty (60) days after the termination of this Agreement, which shall
summarize the activities and services provided by CONTRACTOR during the term
of this Agreement. CONTRACTOR and ADMINISTRATOR may mutually agree in writing
to modify the date upon which the final report must be submitted.
25. INDEPENDENT AUDIT
25.1 CONTRACTOR shall file with ADMINISTRATOR a copy of CONTRACTOR's
certified annual organization -wide audit during the term of this Agreement in
compliance with the OMB Circular A -133. Audits of States, Local Governments
and Non - Profit Orgarizations. The audit must be performed in accordance with
generally accepted government auditing standards and OMB Circular A -87.
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25.2 It is mutually understood that CONTRACTOR's yearly fiscal cycle
covers July 1 through June 30. CONTRACTOR shall provide ADMINISTRATOR copies
of organization -wide audits for each of the fiscal cycles corresponding with
the term of this Agreement. CONTRACTOR shall provide each audit within
fourteen (14) calendar days of CONTRACTOR's receipt. Failure of CONTRACTOR to
comply with this Paragraph shall be sufficient cause for ADMINISTRATOR to deny
payment under this or any subsequent Agreement with CONTRACTOR until such time
as the required audit(s) are provided to ADMINISTRATOR. ADMINISTRATOR may
modify CONTRACTOR's audit submission deadline upon notice to CONTRACTOR.
26. RECORDS, INSPECTIONS AND AUDITS
26.1 Financial Records:
26.1.1 CONTRACTOR shall prepare and maintain accurate and
complete financial records. Financial records shall be retained, by
CONTRACTOR, for a minimum of five (5) years from the date of final payment
under this Agreement or until all pending COUNTY, State and Federal audits are
completed, whichever is later.
26.1.2 CONTRACTOR shall establish and maintain reasonable
accounting, internal control and financial reporting standards in conformity
with generally accepted accounting principles established by the American
Institute of Certified Public Accountants and to the satisfaction of
_11]711►1[Il1:7_1C1l7
26.2 Client Records:
26.2.1 CONTRACTOR shall prepare and maintain accurate and
complete records of clients served and dates and type of services provided
under the terms of this Agreement in a form acceptable to ADMINISTRATOR.
26.2.2 All client records related to services provided under the
terms of this Agreement shall be retained by CONTRACTOR for a minimum of five
(5) years from the date of final payment under this Agreement or until all
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pending COUNTY, State and Federal audits are completed, whichever is later.
Notwithstanding anything to the contrary, upon termination of this Agreement,
CONTRACTOR shall relinquish control with respect to client records to COUNTY
in accordance with Subparagraph 42.2.
26.2.3 COUNTY may refuse payment for a claim if client records
are determined by COUNTY to be incomplete or inaccurate. In the event client
records are determined to be incomplete or inaccurate after payment has been
made, COUNTY may treat such payment as an overpayment within the provisions of
this Agreement.
26.3 Public Records:
With the exception of client records or other records referenced
in Paragraph 30, entitled Confidentiality, all records, including but not
limited to, reports, audits, notices, claims, statements and correspondence,
required by this Agreement may be subject to public disclosure. COUNTY will
not be liable for any such disclosure.
26.4 Inspections and Audits:
26.4.1 The U.S. Department of Health and Human Services,
Comptroller General of the United States, Director of CDSS, State Auditor -
General, ADMINISTRATOR, COUNTY's Auditor- Ccntroller and Internal Audit
Department, or any of their authorized representatives, shall have access to
any books, documents, papers and records, including medical records, of
CONTRACTOR which any of them may determine to be pertinent to this Agreement
for the purpose of financial monitoring. Further, all the above mentioned
persons have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed under this Agreement and the
premises in which it is being performed.
26.4.2 CONTRACTOR shall make its books and financial records
available within the borders of Orange County within ten (10) days after
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receipt of written demand by ADMINISTRATOR.
26.4.3 In the event CONTRACTOR does not make available its books
and financial records within the borders of Orange County, CONTRACTOR agrees
to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY's
designee, necessary to obtain CONTRACTOR's books and financial records.
26.4.4 CONTRACTOR shall pay to COUNTY the full amount of COUNTY's
liability to the State or Federal government or any agency thereof resulting
from any disallowances or other audit exceptions to the extent that such
liability is attributable to CONTRACTOR's failure to perform under ,his
Agreement.
26.5 Evaluation Studies:
26.5.1 CONTRACTOR shall participate as requested by COUNTY in
research and /or evalbative studies designed to show the effectiveness and /or
efficiency of CONTRACTOR's services or provide information about CONTRACTOR's
project.
27. PERSONNEL DISCLOSURE
27.1 CONTRACTOR shall make available to ADMINISTRATOR a current list of
all personnel providing services hereunder, including resumes and job
applications. Changes to the list will be immediately provided to
ADMINISTRATOR in writing, along with a copy of a resume and /or job
application. The list shall include:
27.1.1 Names of all full or part -time personnel by title,
including volunteer personnel, whose direct services are required to provide
the programs described herein;
27.1.2 A brief description of the functions of each position and
the hours each person works each week; or for part -time personnel, each day or
month, as appropriate;
27.1.3 The professional degree, if applicable, and experience
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required for each position; and
27.1.4 The language skill, if applicable, for all personnel.
27.2 CONTRACTOR "s employment applications shall require applicants to
provide detailed information regarding the conviction of a crime by any court,
for offenses other than minor traffic offenses. Information not disclosed in
the employment application discovered subsequent to the hiring or promotion of
any applicant shall be cause for termination of that employee from the
performance of services under this Agreement.
27.3 Where authorized by law, CONTRACTOR shall conduct, at no cost to
COUNTY, criminal record background checks on all employees and /or volunteers
who will provide services under this Agreement. Candidates will satisfy
background checks consistent with and comparable to those required for COUNTY
employees.
27.4 CONTRACTOR warrants that all persons employed or otherwise
assigned by CONTRACTOR to provide services under this Agreement have
satisfactory past work records and /or reference checks indicating their
ability to perform the required duties and accept the kind of responsibility
anticipated under this Agreement. CONTRACTOR shall maintain records of
background investigations and reference checks undertaken and coordinated by
CONTRACTOR for each employee and /or volunteer assigned to provide services
under this Agreement for a minimum of five (5) from the date of final payment
under this Agreement or until all pending COUNTY, State and Federal audits are
completed, whichever is later, in compliance with all applicable laws.
27.5 CONTRACTOR shall immediately notify ADMINISTRATOR concerning the
arrest and /or subsequent conviction, for offenses other than minor traffic
offenses, of any paid employee and /or volunteer staff performing services
under this Agreement, when such information becomes known to CONTRACTOR.
ADMINISTRATOR may determine whether such employee and /or volunteer may
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continue to provide services under this Agreement and shall provide notice of
such determination to CONTRACTOR in writing. CONTRACTOR's failure to comply
with ADMINISTRATOR's decision shall be deemed a material breach of this
Agreement, pursuant to Paragraph 18 above.
27.6 COUNTY has the right to approve or disapprove all of CONTRACTOR's
staff performing work hereunder and any proposed changes in CONTRACTOR's
staff.
27.7 COUNTY shall have the right to require CONTRACTOR to remove any
employee from the performance of services under this Agreement. At the
request of COUNTY, CONTRACTOR shall immediately replace said personnel.
27.8 CONTRACTOR shall notify COUNTY immediately when staff is
terminated for cause from working on this Agreement.
27.9 Disqualification, if any, of CONTRACTOR staff, pursuant to
Paragraph 27, shall not relieve CONTRACTOR of -ts obligation to complete all
work in accordance with the terms and conditions of this Agreement.
28. CHILD AND DEPENDENT ADULT /ELDER ABUSE REPORTING
CONTRACTOR shall establish a procedure acceptable to ADMINISTRATOR to
ensure that all employees, volunteers, consultants, or agents performing
services under this Agreement report child abuse or neglect to one of the
agencies specified in Penal Code Section 11165.9 and dependent adult or elder
abuse as defined in Section 15610.07 of the WIC to one of the agencies
specified in WIC Section 15630. CONTRACTOR shall require such employee,
volunteer, consultant or agent to sign a statement acknowledging the child
abuse reporting requirements set forth in Sections 11166 and 11166.05 of the
Penal Code and the dependent adult and elder abuse reporting requirements as
set forth in Section 15630 of the WIC and will comply with the provisions of
these code sections as they now exist or as they may hereafter be amended.
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29. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW
CONTRACTOR shall notify and provide to its employees, a fact sheet
regarding the Salley Surrendered Baby Law, its implementation in Orange
County, and where and how to safely surrender a baby. The fact sheet is
available on the Internet at www.babysafe,ca.gov for printing purposes. The
information shall be posted in all reception areas where clients are served.
30. CONFIDENTIALITY
30.1 CONTRACTOR agrees to maintain the confidentiality of its records
pursuant to WIC Sections 827 and 10850 - 10853, the CUSS MPP, Division 19 -000,
and all other provisions of law, and regulations promulgated thereunder
relating to privacy and confidentiality, as each may now exist or be hereafter
amended.
30.2 All records and information corcerning any and all persons
referred to CONTRACTOR by COUNTY or COUNTY's designee shall be considered and
kept confidential by CONTRACTOR, CONTRACTOR's staff, agents, employees and
volunteers. CONTRACTOR shall require all of its employees, agents,
subcontractors and volunteer staff who may provide services for CONTRACTOR
under this Agreement to sign an agreement with CONTRACTOR before commencing
the provision of any such services, to maintain the confidentiality of any and
all materials and information with which they may come into contact, or the
identities or any identifying characteristics or information with respect to
any and all participants referred to CONTRACTOR by COUNTY, except as may be
required to provide services under this Agreement or to those specified in
this Agreement as having the capacity to audit CONTRACTOR, and as to the
latter, only during such audit. CONTRACTOR shall comply with any audits
specified in Paragraph 26, provide reports and any other information required
by COUNTY in the administration of this Agreement, and as otherwise permitted
by law.
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30.3 CONTRACTOR shall inform all of its employees, agents,
subcontractors, volunteers and partners of this provision and that any person
violating the provisions of said State law may be guilty of a crime.
30.4 CONTRACTOR agrees that any and all subcontracts entered into shall
be subject to the confidentiality requirements of this Agreement.
31. COPYRIGHT ACCESS
The U.S. Department of Health and Human Services, the CDSS, and COUNTY
will have a royalty -free, nonexclusive and irrevocable license to publish,
translate, or use, now and hereafter, all material developed under this
Agreement including those covered by copyright.
32. WAIVER
No delay or omission by either party hereto to exercise any right or
power accruing upon any noncompliance or default by the other party with
respect to any of the terms of this Agreement shall impair any such right or
power or be construed to be a waiver thereof. A waiver by either of the
parties hereto of ary of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding
breach thereof or of any other covenant, condition or agreement herein
contained.
33. PETTY CASH
CONTRACTOR is authorized to establish a petty cash fund in an amount not
to exceed one thousand dollars ($1,000).
34. PUBLICITY
34.1 Information and solicitations, prepared and released by
CONTRACTOR, concerning the services provided under this Agreement shall state
that the program, wholly or in part, is funded through COUNTY, State and
Federal government funds.
34.2 CONTRACTOR shall not disclose any details in connection with this
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Agreement to any person or entity except as may be otherwise provided
hereunder or required by law. However, in recognizing CONTRACTOR's need to
identify its services and related clients to sustain itself, COUNTY shall not
inhibit CONTRACTOR from publishing its role under this Agreement within the
following conditions:
34.2.1 CONTRACTOR shall develop all publicity material in a
professional manner; and
34.2.2 During the term of this Agreement, CONTRACTOR shall not,
and shall not authorize another to, publish or disseminate any commercial
advertisements, press releases, feature articles, or other materials using the
name of COUNTY without the prior written consent of COUNTY. COUNTY shall not
unreasonably withhold written consent.
35. COUNTY RESPONSIBILITIES
ADMINISTRATOR will provide consultation and technical assistance, and
will monitor performance of CONTRACTOR in meeting the terms of this Agreement.
36. REFERRALS
36.1 CONTRACTOR shall provide services to individuals referred by
ADMINISTRATOR.
37. REPORTS
37.1 CONTRACTOR shall provide information deemed necessary by
ADMINISTRATOR to complete any State - required reports related to the services
provided under this Agreement.
37.2 CONTRACTOR shall maintain records and submit reports containing
such data and information regarding the performance of CONTRACTOR's services,
costs or other data relating to this Agreement, as may be requested by
ADMINISTRATOR, upon a form approved by ADMINISTRATOR. ADMINISTRATOR may
modify the provisions of this Paragraph upon written notice to CONTRACTOR.
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38. ENERGY EFFICIENCY STANDARDS
As applicable, CONTRACTOR shall comply with the mandatory standards and
policies relating to energy efficiency in the State Energy Conservation Plan
(Title 24, CCR).
39. ENVIRONMENTAL PROTECTION STANDARDS
CONTRACTOR shall be in compliance with Section 306 of the Clean Air Act
[Title 42 USC Section 1857(h)], Section 508 of the Clean Water Act (Title 33
USC Section 1368), Executive Order 11738 and Environmental Protection Agency,
hereinafter referred to as "EPA," regulations (Title 40 CFR Part 15), as any
may now exist or be hereafter amended. Under these laws and regulations,
CONTRACTOR assures that:
39.1 No facility to be utilized in the performance of the proposed
grant has been listed on the EPA List of Violating Facilities;
39.2 It will notify COUNTY prior to award of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA,
indicating that a facility to be utilized for the grant is under consideration
to be listed on the EPA List of Violating Facilities; and
39.3 It will notify COUNTY and the EPA about any known violation of the
above laws and regulations.
40. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS
CONTRACTOR shall be in compliance with Section 319 of Public Law 101 -121
pursuant to Title 31 USC Section 1352 and the guidelines with respect to those
provisions set down by the OMB and published in the Federal Register dated
December 20, 1989, Volume 54, No. 243, pp. 52306 - 52332. Under these laws and
regulations, it is mutually understood that any contract which utilizes
Federal monies in excess of $100,000 must contain and CONTRACTOR must certify
compliance utilizing a form provided by ADMINISTRATOR that cites the
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following:
A. The definitions and prohibit'ons contained in the clause at
Federal Acquisition Regulation 52.203 -12, Limitation on Payments to Influence
Certain Federal Transactions, included in this solicitation, are hereby
incorporated by reference in Paragraph (B) of this certification.
B. The offeror, by signing its offer, hereby certifies to the
best of his or her knowledge and belief as of December 23, 1989, that:
1) No Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement;
2) If any funds other than Federal appropriated `unds
(including profit or fee received under a covered Federal transaction) have
been paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress on his
or her behalf in connection with this solicitation, the offeror shall complete
and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying
Activities, to the Contracting Officer; and
3) He or she will include the language of this
certification in all subcontract awards at any tier and require that all
recipients of subcontract awards in excess of $100,000 shall certify and
disclose accordingly.
C. Submission of this certification and disclosure is a
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prerequisite for making or entering into this Agreement imposed by Section
1352, Title 31, USC. Any person who makes an expenditure prohibited under
this provision or who fails to file or amend the disclosure form to be filed
or amended by this provision, shall be subject to a civil penalty of not less
than $10,000, and not more than $100,000, for each such failure.
41. POLITICAL ACTIVITY
CONTRACTOR agrees that the funds provided herein shall not be used to
promote, directly or indirectly, any political party, political candidate or
political activity, except as permitted by law.
42. TERMINATION PROVISIONS
42.1 ADMINISTRATOR may terminate this Agreement without penalty
immediately with cause or after thirty (30) days written notice without cause,
unless otherwise specified. Notice shall be deemed served on the date of
mailing. Cause shall be defined as any breach of contract, any
misrepresentation or fraud on the part of CONTRACTOR. Exercise by
ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of
all further obligations under this Agreement.
42.2 Upon termination, or notice thereof, CONTRACTOR agrees to
cooperate with ADMINISTRATOR in the orderly transfer of service
responsibilities, active case records, and pertinent documents.
42.3 The obligations of COUNTY under this Agreement are contingent upon
the availability of Federal and /or State funds, as applicable, for the
reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds
for the services hereunder in the budget approved by the Orange County Board
of Supervisors each fiscal year this Agreement remains in effect or operat -on.
In the event that such funding is terminated or reduced. ADMINISTRATOR may
immediately terminate this Agreement, reduce COUNTY's maximum obligation, or
modify this Agreement, without penalty. The decision of ADMINISTRATOR will be
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binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written
notification of such determination. CONTRACTOR shall immediately comply with
ADMINISTRATOR's decision.
42.4 If any provision of this Agreement or the application thereof is
held invalid, the remainder of this Agreement shall not be affected thereby.
43. GOVERNING LAW AND VENUE
This Agreement has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State
of California. In the event of any legal action to enforce or interpret this
Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure Sectior 394. Furthermore, the parties
specifically agree to waive any and all rights to request that an action be
transferred for trial to another county.
44. SIGNATURE IN COUNTERPARTS
The parties agree that separate copies of this Agreement may be signed
by each of the parties, and this Agreement will have the same force and effect
as if the original had been signed by all the parties.
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WHEREFORE, the parties hereto have executed this Agreement in the County of
Orange, California.
By:
Dated:
Attest:
By:
By
DAVID CAVAZOS CHAIRMAN OF THE BOARD OF SUPERVISORS
CITY MANAGER COUNTY OF ORANGE, CALIFORNIA
OF SANTA ANA
MARIA D. HUIZAR
CLERK OF THE COUNCIL
Dated
APPROVED AS TO FORM:
By ads
LISA STORCK
ASSISTANT CITY ATTORNEY
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD PER G.C. SEC. 25103, RESO 79 -1535
ATTEST:
ROBIN STIELER
Interim Clerk of the Board
County of Orange, California
APPROVED AS TO FORM
COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
By
Da
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EXHIBIT A
TO
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE
1. PROGRAM OBJECTIVE AND GOALS
It is mutually understood that the primary objective of the CaiWORKs
program is to promote family well -being by enhancing employability of
Participants through engagement in preparatory activities and placement in
paying jobs, with appropriate support, where they will earn enough, or
consistently progress toward enough earnings, to be considered self - sufficient
and leave the program within State requirements.
1.1 CONTRACTOR shall provide Vocational Training (VTR) and Work
Experience (WEX) to Participants to prepare them for unsubsidized employment.
1.2 CONTRACTOR shall meet each of the following goals throughout the
term of this Agreement:
1.2.1 VTR Enrollments: A minimum of eighty percent (80 %) of all
Participants who are referred per Subparagraph 2 of this Exhibit A shall be
enrolled in VTR activities.
1.2.2 WEX Enrollments: A minimum of eighty percent (80 %) of all
participants referred per Subparagraph 2 of this Exhibit A to this Agreement
shall be enrolled in WEX activities
1.2.3 VTR Completion Rate: A minimum of seventy percent (70X) of
Participants enrolled in VTR activities will complete the activities per the
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WTW Staff referral.
1.2.4 WEX Completion Rate: A minimum of seventy percent (70 %)
of Participants placed at a WEX worksite will complete the program per the WTW
Staff referral.
1.2.5 VTR Employment Rate: A minimum of sixty percent (60 %) of
Participants who attend VTR activities will obtain unsubsidized employment
within forty -five (45) calendar days of completing VTR activities. Employment
will be verified on a format approved by ADMINISTRATOR.
1.2.6 WEX Employment Rate: A minimum of sixty percent (60 %) of
Participants who attend WEX activities will obtain unsubsidized employment
within thirty (30) calendar days of completing WEX activities. Employment
will be verified on a format approved by ADMINISTRATOR
2. POPULATION TO BE SERVED
2.1 Participants who meet all of the following criteria may be
referred for VTR or WEX activities, per SSA policy:
2.1.1 Are required to participate, or have voluntarily enrolled,
in the Ca1WORKs /WTW program pursuant to State regulations;
2.1.2 Have not obtained unsubsidized employment sufficient to
meet minimum required hours of WTW participation;
2.1.3 Are deemed suitable for the activity by WTW Staff;
2.1.4 Continue to meet CalWORKs eligibility criteria; and
2.1.5 Reside in Orange County.
2.2 CONTRACTOR agrees to provide services to Participants referred to
CONTRACTOR by ADMINISTRATOR under this Agreement.
2.3 CONTRACTOR shall not refuse Participants without discussion and
concurrence by WTW Staff prior to any action to minimize issues that impede
Participants' ability to complete VTR or WEX activities.
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3. DEFINITIONS
3.1 America's Job Centers of California: Employment -based facil ties
integrating community based service providers into single workforce centers,
in which COUNTY participates, that provide comprehensive career services and
labor market information to Participants seeking jobs under various Federal
and State funded programs. The centers are established statewide under S.B.
1417 (Chapter 819, Statutes of 1994), to implement a collaborative system of
employment, training and education programs and services, in support of
California's economic development. Santa Ana America's Job Center of
California is also referred to as the WORK Center.
3.2 Barriers to Employment: Circumstances that interfere with WTW
participation, employment, or job search.
3.3 CaiWORKs: California Work Opportunity and Responsibility to Kids
Act of 1997 as described in WIC Section 11200 et seq.
3.4 Orange County CaiWORKs Plan: A list of major program goals and
objectives; and a description of major program elements which contribute to
those goals and objectives.
3.5 Participant: An individual who is required to participate, or has
voluntarily enrolled, in the CaiWORKs /WTW program pursuant to State
regulations.
3.6 Placement: Employment of a WTW Participant who is meeting required
WTW participation hours through unsubsidized employment and is earning at
least the prevailing California minimum wage.
3.7 Santa Ana Workforce Investment Board (SA WIB): Established under
the Federal Workforce Investment Act (WIA) of 1998, which was reauthorized by
the enactment of the Federal Workforce Innovation and Opportunity Act on July
22, 2014.SA WIB oversees workforce investment activities that increase the
employment, retention, and earnings of Participants, and increase attainment
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of occupational skills by Participants. Workforce investment activities
authorized by WIA are provided at the local level via the America's Job
Centers of California, as defined in Subparagraph 3.1 above, to individuals
in need of those services, including job seekers, dislocated workers, youth,
incumbent workers, rew entrants to the workforce, veterans, persons with
disabilities and employers.
3.8 Santa Ana Workforce Investment Board Case Manager (SA WIB CM) : An
employee of the Santa Ana WORK Center, a division of the City of Santa Ana,
assigned to work with the Participant and WTW Staff throughout the Vocational
Training (VTR) and Wo,k Experience (WEX) activities
3.9 Supportive Services: Payments provided to or on behalf of
Participants for child care, transportation, and /or ancillary expenses.
3.10 Unsubsidized Employment: Employment without government subsidy.
3.11 Vocational Assessment: An evaluation of employability and the need
for employment support services considering work history, employment skills,
knowledge and abilities, education, educational competency level, local labor
market conditions, physical limitations, or mental conditions. Vocational
Assessments are conducted through another COUNTY contracted service provider.
3.12 Welfare -To -Work (WTW): A mandated program under the CaiWORKs Act
which requires non - exempt parents or caretakers in families receiving CaiWORKs
assistance, unless exempted, to meet work requirements by participating in WTW
activities, with a goal of unsubsidized employment leading to self-
sufficiency.
3.13 WTW Activities: Allowable activities to which the Participant may
be assigned as specified in the WIC and the Orange County CalWORKs Plan.
3.14 WTW Staff: ADMINISTRATOR's staff and other contracted staff with
the authority to refer Participants for services.
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4. SERVICES
4.1 CONTRACTOR shall engage Participants for the number of hours as
referred by WTW Staff.
4.2 VTR is a temporary, transitional, and short -term activity, not to
exceed twelve (12) months, to prepare Participants for employment in a
specific trade, occupation, or vocation. VTR activities must be provided by
vocational - technical schools, postsecondary institutions, or proprietary
schools. VTR activities shall be made available to Participants in areas
identified as growth oriented, current or emerging occupations, meeting an
unmet community neec, and in high demand for new employees. VTR activities
shall include, but not be limited to, the following:
4.2.1 Certified Nurse's Assistant:
4.2.2 Office Technology;
4.2.3 Child Care Provider;
4.2.4 Medical Liens Collections;
4.2.5 health Care careers;
4.2.6 hospitality;
4.2.7 Protective Services; and
4.2.8 Transportation.
4.3 WEX is a planned, structured learning experience that occurs in
the workplace for a limited period not to exceed twelve (12) weeks in length,
unless approved in advance by ADMINISTRATOR for a different period. The WEX
work site may include public or private, for - profit or nonprofit
organizations. WEX is a post- assessment activity designed to provide the
participant exposure to work environments. Under close supervision, WEX
activities provide basic job skills and enhance existing job skills and work
experience while meeting an identified community need.
4.4 CONTRACTOR shall be reimbursed by COUNTY for one hundred percent
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(100 %) of the salary and benefits paid to each WEX participant. CONTRACTOR
shall pay WEX participants at a rate not to exceed nine dollars ($9.00) per
hour, or prevailing California Minimum Wage, for each hour worked, not to
exceed the total number of hours referred by WTW staff. Overtime pay will not
be permitted without prior approval from ADMINISTRATOR. Participants may be
paid for COUNTY holidays as identified in Subparagraph 14.1.2 of this Exhibit
A to this Agreement, with prior approval from ADMINISTRATOR. At the end of the
training period it is generally expected that the employer will hire the
participant as a regular employee.
4.5 CONTRACTOR shall obtain prior approval from ADMINISTRATOR for all
VTR and WEX activities provided under this Agreement
5. CONTRACTOR RESPONSIBILITIES
CONTRACTOR shall:
5.1 Assign a SA WIB CM who will work closely with each Participant and
develop a relationsh -p to understand the Participant's needs, assess career
goals and arrange an appropriate VTR activity.
5.2 Discuss and obtain concurrence with WTW Staff prior to returning
Participant for identified barriers /noncooperation to minimize issues that
impede Participants' ability to complete the VTR or WEX activity.
5.3 Provide an orientation to VTR or WEX activities to all
Participants.
5.4 Provide workshops that will enhance Participants' success on the
job, empower Participants to manage conflict and change at the workplace, and
assist Participants in discovering opportunities for growth and development at
any job.
5.5 Provide training, case management, and coaching to the Participant
in order to address barriers, ensure completion of VTR /WEX activity and assist
in obtaining employment.
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5.6 Work with and motivate difficult to place Participants who have
multiple barriers, which may include a resistance to program participation.
5.7 Provide services to meet ethnic diversity in a manner responsive
to individuals with literacy, language and sociocultural issues that
demonstrate language or cultural barriers to employment, including resistance
to pursuing employment in occupations that may ce perceived as nontraditional.
5.8 Resolve attitudinal barriers toward obtaining and retaining
employment, such as fear of going to work, anger and resentment from being
required to participate, low self- esteem /motivation, problems with accessing
and navigating public transportation, and child care concerns.
5.9 Assign the Participant to an appropriate VTR or WEX activity based
on the Participant's vocational assessment, experience and interest within
seven (7) business days from the date of the referral, unless otherwise
directed by ADMINISTRATOR.
5.10 Monitor the progress of all Participants by meeting every two (2)
weeks, or more often if needed, with the Participant and the training facility
or work site to discuss action steps needed to successfully complete the
program.
5.11 Use positive reinforcement techniques and ensure Participants are
aware that their assignment is being closely monitored.
5.12 Refer Participants to WTW Staff for assistance with employment
supportive services needs, such as food, transportation, housing, mental
health and substance abuse issues, legal assistance, and clothing, as
appropriate.
5.13 Continue to engage the Participant in job search activities for
forty -five (45) days after completion of the VTR activity.
5.14 Maintain a case file for each ' articipant served under this
Agreement in a format approved by ADMINISTRATOR. The case file will inc ude,
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but not be limited to, the following
5.14.1 Initial referral form;
5.14.2 Documentation of all correspondence in regards to the
Participant's participation in the VTR or WEX activities, including any
correspondence involving any subcontractors;
5.14.3 Participant attendance records;
5.14.4 Documentation, including dates, of any problem occurrences
reported at the VTR training site or WEX work site; and
5.14.5 A-] correspondence related to any Participant's Workers
Compensation injury.
5.15 Develop relationships with local businesses by networking and
developing work sites for WEX participants.
5.16 Develop appropriate VTR training sites and WEX sites in the
community, monitor Participant's attendance, and communicate Participant and
attendance issues with WTW Staff, as determined by ADMINISTRATOR.
5.17 Attend meetings as requested by ADMINISTRATOR.
5.18 Cooperate with ADMINISTRATOR with respect to sanctions applied by
ADMINISTRATOR to Participants in the event of Participant non - cooperation.
This may include testifying at Participant non - compliance hearings.
5.19 Provide internal forms that are not mandated by ADMINISTRATOR or
by program requirements for review and approval by ADMINISTRATOR prior to
implementation.
5.20 Ensure that all services provided to Participants under this
Agreement are conducted in a manner responsive to literacy, language, and
socio- cultural issues that may impact Participants. CONTRACTOR's staff shall
be trained in cultural differences to ensure their ability to recognize and
assist Participants who demonstrate language or cultural barriers to
employment, including resistance to participation in VTR and WEX activities.
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CONTRACTOR shall employ staff who will provide services in the Participant's
language or obtain interpreters when necessary.
6. PRINCIPLES
CONTRACTOR shall ensure that the delivery of services is based on the
following principles:
6.1 Opportunities shall be maximized to provide integrated,
coordinated and easily accessible resources for Participants;
6.2 Services shall be family- friendly and family- centered;
6.3 Services shall be community -based and provide integrated services
that coordinate Federal, State and community funding opportunities;
6.4 Participants' strengths shall be identified, utilizing
motivational and strength -based techniques; and
6.5 Services shall be outcome - driven and identify indicators that
accurately reflect progress towards stated goals.
7. OUTSIDE CONTACTS:
CONTRACTOR shall:
7.1 Immediately inform ADMINISTRATOR of any inquiry from an elected
official or their representative not already associated with CONTRACTOR,
participant advocate, or the press, and immediately provide information in
order for ADMINISTRATOR to respond.
7.2 Consult with ADMINISTRATOR prior to initiating contact with a
participant advocate or the press.
7.3 Inform ADMINISTRATOR prior to initiating contact with an elected
official or their representative.
8. FACILITIES
8.1 It is mutually understood that VTR and /or WEX activities shall be
provided at a variety of facilities /work sites throughout Orange County, as
defined by CONTRACTOR. It is mutually understood that Participants will be
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referred to CONTRACTOR at the following facility:
Sarta Ana WORK Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
8.2 Participants will have access to the Santa Ana WORK Center where
they can access a wide variety of resources including labor market information
and job vacancy listings. They will also have full access to computers with
Internet connectivity, telephones, faxes, and copy machines.
8.3 CONTRACTOR and ADMINISTRATOR may mutually agree in writing to add,
change, modify, or delete facility locations as necessary to best serve the
needs of Participants and ADMINISTRATOR.
9. REPORTING REQUIREMENTS
9.1 CONTRACTOR shall maintain records, collect data, and provide
reports mandated by Federal and State governments and as may be required by
ADMINISTRATOR. Reporting requirements shall include all reports and data
collection that is required to track goals and report progress as noted in
Paragraph 1 of this Exhibit A to this Agreement
9.2 Reports of problems, including attendance issues, achievements, or
other inquiries about VTR /WEX activities shall be addressed immediately with
the affected Participant and employer /instructo CONTRACTOR shall inform WTW
Staff within twenty -four (24) hours, through verbal or electronic
communication, which will allow for quick intervention and results oriented
action to address the issue with the Participant.
9.3 CONTRACTOR shall report each Participant's monthly attendance and
progress, including achievements, by the tenth (10th) calendar day of the
following month in a format approved by ADMINISTRATOR.
9.4 CONTRACTOR shall provide, by the tenth (10th) calendar day of each
month, a status report for the preceding month, in a format approved by
ADMINISTRATOR. The monthly status report shall identify, but not be limited
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to, the following da'la elements:
9.4.1 Referrals received:
9.4.2 Participants enrolled;
9.4.3 Participants referred back to ADMINISTRATOR for non-
attendance;
9.4.4 Participants disenrolled by WTW Staff;
9.4.5 Participants carried forward from previous month;
9.4.6 Completions of VTR /WEX activity:
9.4.7 Placements in unsubsidized employment;
9.4.8 Average wage; and
9.4.9 Complaints received.
10. PERFORMANCE MONITORING AND REVIEW
10.1 CONTRACTOR's performance will be monitored and reviewec by
ADMINISTRATOR. CONTRACTOR shall cooperate and assist ADMINISTRATOR in
monitoring performance. ADMINISTRATOR will conduct case reviews as part of an
on -going evaluation of CONTRACTOR's performance.
10.2 ADMINISTRATOR may use a variety of inspection methods to evaluate
CONTRACTOR's performance, including but not limited to:
10.2.1 Random sampling of program activities including a review
of case files each month;
10.2.2 Activity checklists and random observations;
10.2.3 Inspect output items on a periodic basis as deemed
necessary:
10.2.4 Computer Information System reported results:
10.2.5 Participants' complaints and /or Participants'
questionnaires; and
10.2.6 Service provider complaints or reports.
10.3 ADMINISTRATOR may require corrective action plans when it is
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determined that services are performed unsatisfactorily during the review
period. CONTRACTOR shall remedy the performance defects within the time
period specified in the corrective action plan.
10.4 Performance evaluation meetings will be conducted by ADMINISTRATOR
as necessary.
10.5 CONTRACTOR shall cooperate with ADMINISTRATOR in providing the
information necessary for monitoring this Agreement, and with authorized State
or Federal representatives who may audit WTW Program services.
11. QUALITY CONTROL
11.1 CONTRACTOR shall maintain a complete internal Quality Control Plan
to ensure that the requirements of this Agreement are met. The Quality
Control Plan shall include, but not be limited to:
11.1.1 Activities to be inspected on either a scheduled or
unscheduled basis, hew often inspections will be accomplished, and the title
of the individuals) who will perform the inspections:
11.1.2 Specific methods to identify and prevent deficiencies in
the quality of service performed, prior to unacceptable performance levels:
11.1.3 Method for continuing services in the event of a strike of
CONTRACTOR's employees or a natural disaster: and
11.1.4 Maintenance of all inspection files and, if necessary
corrective action taken.
11.2 CONTRACTOR shall cooperate with any third party audit or
inspections as required by ADMINISTRATOR or other COUNTY, State or Federal
agency.
12. WELFARE FRAUD
If CaiWORKs eligibility or Supportive Services payment fraud is
suspected, either by the Participant or a service provider, CONTRACTOR staff
shall inform the appropriate designated COUNTY staff.
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13. HANDLING COMPLAINTS
13.1 CONTRACTOR shall develop, operate, and maintain procedures for
receiving, investigating and responding to provider and Partic-pant
complaints, including Civil Rights complaints, requests for COUNTY reviews,
negative comments and other complaints relating to services provided under
this Agreement.
13.2 CONTRACTOR staff shall maintain a log for identification and
response to Participants' complaints. When complaints cannot be resolved
informally, a system of follow- through shall be instituted which adheres to
formal plans for specific actions and strict time deadlines. Responses to
complaints should occur within two (2) business days, unless otherwise
authorized by ADMINISTRATOR.
13.3 For Civil Rights complaints, refer to Subparagraph 8.6.2 of this
Agreement.
13.4 When CONTRACTOR believes any complaint may have legal implications
for CONTRACTOR or COUNTY, CONTRACTOR shall forward such complaint immediately
to ADMINISTRATOR prior to responding to the complaint. In the event any such
complaint pertains to an injury or property camage, CONTRACTOR shall follow
the provisions as set forth in Subparagraph 13.1 of this Agreement.
13.5 CONTRACTOR shall provide to ADMINISTRATOR, in a form approved by
ADMINISTRATOR, information pertaining to complaints, as well as CONTRACTOR's
response to any complaints as described above within ten (10) business days of
the complaint. CONTRACTOR shall provide a summary of all complaints and /or
negative comments as prescribed and on a format approved by ADMINISTRATOR.
Complaints include, but are not limited to, complaints from clients, other
COUNTY contracted service providers, community organizations, and the public.
13.6 Formal Grievance Process and State Hearing
13.6.1 CONTRACTOR shall inform each Participant of his /her
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grievance, State Hearing and Civil Rights, and of his /her right to request a
review by a COUNTY worker should the Participant disagree with an action made
by CONTRACTOR.
13.6.2 Grievance Rights and Civil Rights notices, in multiple
languages, shall be posted in WTW office(s) where all Participants can
easily see them, in accordance with Subparagraph 8.6 of this Agreement.
13.6.3 CONTRACTOR shall attend COUNTY Formal Grievance Hearings
and State Hearings as needed, and comply with the decisions of the Hearing
Officers. All actions involving the Formal Grievance Process and State
Hearings shall be properly documented.
14. HOURS OF OPERATION
14.1.1 CONTRACTOR shall provide service hours that are responsive
to the needs of the target population, as determined by ADMINISTRATOR. At a
minimum, CONTRACTOR shall provide services during business days Monday through
Friday, from 8:00 a. m. to 5:00 p.m., except COUNTY holidays as established by
the Orange County Board of Supervisors. In addition, CONTRACTOR shall address
any expanded work hours of operation during the evening and on weekends that
may be required to provide services to Participants.
14.1.2 CONTRACTOR's holiday schedule shall not exceed COUNTY's
holiday schedule which is as follows: New Year's Day, Martin Luther King Day,
President Lincoln's B-rthday, Presidents' Day, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day. CONTRACTOR shall obtain prior written
approval from ADMINISTRATOR for any closure outside of COUNTY's holiday
schedule. Any unauthorized closure shall be deemed a material breach of this
Agreement, pursuant to Paragraph 18, and shall not be reimbursed. CONTRACTOR
is encouraged to provide the contracted services on holidays, whenever
possible.
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15. BUDGET
15.1 The budget for services provided pursuant to Exhibit A of this
Agreement shall span twenty -four (24) months and is set forth as follows:
3udget Period July 1, 2015- June 30, 2016
)alaries and Benefits
Workforce Specialist II
Workforce Specialist II
Economic Development Specialist III
Sr. Management Analyst
Accountant II
Sr. Accounting Assistant
Accounting Assistant
Subtotal Salaries
Benefits (46.3 %)
Subtotal Salaries and Benefits`1 "2'
Communications
User Fee
Office Supplies
Computer Services
IS Strategic Plan
Insurance
Indirect Costs
Subtotal Operations
rticipant Costs
Work Experience Wages`''
Benefits`"'
Vocational Training(s)
Subtotal Participant Costs
MAXIMUM COUNTY OBLIGATION (7/1/15- 6/30/16)
Budget Period July 1, 2016- June 30, 2017
Line Items
Salaries and Benefits
Workforce Specialist II
(WRR0415)
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Maximum
Hourly Rate FTE Budget
$35.49
1.00
$73,819
$35.75
1.00
$74,360
$63.80
.15
$19,905
$52.95
.04
$4,405
$47.13
.05
$4,902
$33.25
.03
$2,075
$30.90
.03
$1,928
$181,394
$83,995
$265.389
$1,22
$15,69
$1,88
$69
$3,13
$5,00
618,48
646,11
$200,640
$12,861
$488,
:11
Maximum
Hourly Rate FTE Cost
$35.49 1.00 $73,81'
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Workforce Specialist II
$35.75
1.00
Economic Development Specialist III
$63.80
.15
Sr. Management Analyst
$52.95
.04
Accountant II
$47.13
.05
Sr. Accounting Assistant
$33.25
.03
Accounting Assistant
$30.90
.03
Subtotal Salaries
Benefits (46.3 %)
Subtotal Salaries and Benefitsf1 "z'
Communications
User Fee
Office Supplies
Computer Services
IS Strategic Plan
Insurance
Indirect Costs
Subtotal Operations
Participant Costs
Work Experience Wages' 3)
Benefits "'
Vocational Training(5)
Subtotal Participant Costs
MAXIMUM COUNTY OBLIGATION (7/1/16- 6/30/17)
TOTAL MAXIMUM COUNTY OBLIGATION (7/1/15- 6/30/17)
$74,360
$19,905
$4,405
$4,902
$2,075
$1,928
$181,394
$265,385
$1,22C
$15,69C
$1,885
$695
$3,130
$5,005
$18,485
$46,110
$200,640
$12,861
$275,000
$488,501
M
$1,600,00
(1) Total salaries are calculated on maximum hourly rates. July 1, 2015 -June
30, 2017 salary costs are based on total hours worked that includes
anticipated furlough hours and days the city offices are closed for
Workforce Specialist II and Fiscal Specialist positions.
(2) Employee Benefits include contributions to 401k or retirement plans;
health insurance; dental insurance; life insurance; long -term disabi 'ity
insurance; payroll taxes such as FICA, Federal Unemployment Tax, State
Unemployment Tax, and Workers' Compensation Tax, based on the currently
prevailing rates; and vacation and sick leave accrual limited to the
amount of time earned during the fiscal years in which such expense is
claimed. The ove ^all benefit rate shall not exceed 46.3% of the actual
salary expense claimed.
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(3) Enrollments in WEX activities are contingent upon availability of funds.
(4) Benefits costs included are payroll taxes such as FICA, Federal
Unemployment Tax, State Unemployment Tax, and Worker's Compensation Tax,
based on the currently prevailing rates.
(5) Enrollments in VTR activities are contingent upon availability of funds.
15.2 CONTRACTOR and ADMINISTRATOR may agree, subject to advance wr`tten
notice, to add, delete, or otherwise modify line items and /or amounts and /or
the number and type of FTE positions without changing COUNTY's maximum
obligation as stated in Subparagraph 19.1 of this Agreement or reducing the
level of service to be provided by CONTRACTOR. Further, in accordance with
Subparagraph 42.3 of this Agreement, in the event ADMINISTRATOR reduces the
maximum obligation as stated in Subparagraph 19.1, CONTRACTOR and
ADMINISTRATOR may mutually agree in writing to proportionately reduce the
service goals as set forth in this Exhibit A to this Agreement.
16. STAFF
CONTRACTOR shall employ staff with experience in placing Participants
with a limited English vocabulary in an environment that facilitates the
development of the English language. CONTRACTOR's staff shall be able to
read, write, speak, and understand English. CONTRACTOR shall provide
bilingual staff to serve Participants who speak Spanish or Vietnamese. The
ratio of bilingual staff shall be consistent with and proportional to the
target population, as determined by ADMINISTRATOR. In addition, CONTRACTOR
shall be required to provide translation services for all other languages as
needed to ensure all Participants are provided services in the language they
speak.
CONTRACTOR shall comply with all COUNTY, State, and Federal regulations
regarding Limited English Proficiency (LEP). LEP regulations affect anyone
who participates in a Federally funded program, and who has English as h-s or
her second language and is limited in his or her English language proficiency.
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16.1 Staff Train!
16.1.1 CONTRACTOR's staff directly serving Participants, or
supervising those who do, shall be thoroughly familiar with the WTW service
delivery model contained in the current Orange County CalWORKs Plan,
incorporated herein by reference; COUNTY policies and related instructions;
COUNTY data systems, including service delivery and payment systems; welfare
fraud and child abuse /elder abuse reporting requirements; the State Hea ^ing
process; and Civil Rights compliance requirements.
16.1.2 COUNTY will provide relevant program policies and
operational procedures to CONTRACTOR during start -up, and subsequently as
these materials are revised or new policies are developed.
16.1.3 COUNTY will provide initial training to a limited number
of CONTRACTOR staff with respect to CalWORKs WTW regulations and COUNTY
policies and procedures. CONTRACTOR shall conduct subsequent training(s) and
refresher training yearly. COUNTY will provide technical information to
CONTRACTOR on these requirements, but it will be CONTRACTOR's sole
responsibility to ensure that CONTRACTOR's staff understand and correctly
implement the requirements cited when providing WTW services.
16.1.4 CONTRACTOR shall be required to attend training(s) and /or
meetings that COUNTY determines to be mandatory, and provide CONTRACTOR staff
with ongoing training and assistance to ensure that contract deliverables are
met.
16.1.5 CONTRACTOR shall ensure that CONTRACTOR's staff rece-ves
training in understanding the cultural differences among groups of
Participants, and recognizes and effectively intervenes to overcome any
language and /or cultural barriers to employment.
16.1.6 CONTRACTOR shall maintain a log of in -house training
activities and Participants. This log shall be made available to COUNTY upon
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request.
16.2 Staff Duties and Qualifications:
CONTRACTOR shall provide the following described staff positions:
16.2.1 Workforce Specialist II (SA WIB CM)
Duties:
16.2.1.1 Determines applicant eligibility for workforce
development programs, manages a caseload, advises Participants of career and
training opportunities, develops Participants' employment plan, anc is
responsible for Participant outcomes.
16.2.1.2 Oversees Participant job search activities and
program enrollments, identifies and develops job opportunities appropriate to
Participants, and uses a computer to track Participant progress.
16.2.1.3 Markets services to employers and to job -
seekers, conducts employment /job sector workshops, gives presentations and
prepares informational materials, and maintains contacts within the business
community to provide employers with qualified candidates.
16.2.1.4 Monitors employment rate /employee retention rate
and customer satisfaction rate and develops plans for improvement.
16.2.1.5 Monitors eligibility and program files to ensure
compliance with Federal and State regulations, including WTW regulations;
performs site visits, and maintains details records and writes reports.
16.2.1.6 Collects and compiles data to generate detailed
technical reports, writes articles, and prepares publications regarding the
WIB to the public.
16.2.1.7 Organizes and implements WIB sponsored events,
participates as a team player, and applies principles of Total Quality Service
in all activities.
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Qualifications:
16.2.1.8 A minimum one (1) year of progressively
responsible workforce development program experience, or any combination of
college level coursework in psychology, sociology, counseling, human services,
business administration, accounting, public administration, workforce
development program experience equivalent to (1) year which provides the
desirable knowledge, skills, and abilities.
16.2.1.9 Knowledge of Federal and State regulations
pertaining to workforce development programs, interviewing techniques and
methods of determining program eligibility; employment market: agencies
providing resources; methods of case management, data collections, and
monitoring.
16.2.1.10 Ability to understand, interpret, and implement
Federal and State regulations; organize and effectively manage a heavy and
varied caseload to meet program performance standards; coordinate and conduct
meetings; make public presentations; communicate clearly and concisely; and
keep detailed and accurate records.
16.2.2 Economic Development Specialist III
Duties:
16.2.2.1 Directs, coordinates, monitors and evaluates
economic development programs.
16.2.2.2 Conducts economic research, analyses, market
feasibility studies concerning the CONTRACTOR's business base and other
related research.
16.2.2.3 Analyzes financial requirement of businesses
interested in financial assistance and designs and implements a business
retention program.
16.2.2.4 Prepares applications for grants and oversees
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approved grant programs.
16.2.2.5 Plans and directs marketing efforts, including
media relations, print materials and advertising.
16.2.2.6 Plans and implements programs to encourage
mport /export trade.
16.2.2.7 Establishes and maintains communications and
coordinates activities with organizations to promote and facilitate economic
development.
16.2.2.8 Coordinates the Division budget and supervises
subordinate -level employees.
Qualifications:
16.2.3 A minimum of three (3) years of progressively responsible
experience in local government or private economic development programs, one
year of which must be as program manager or project leader, or a Bachelor's
degree from an accredited college or university with specialization in
economics, business or public administration, commercial finance may be used,
or any combination of education in economics, business or public
administration, commercial finance, training and experience equivalen- to
three (3) years experience which provide the knowledge, skills and abilities
of the job.
16.2.4 Sr. Management Analyst
Duties:
16.2.4.1 Performs responsible and professional staff work
to ensure efficient and effective internal operations of administrative and
management systems in a large division is achieved.
16.2.4.2 Performs complex studies, research and ana ysis
relative to programs.
16.2.4.3 Conducts studies of operations, services and
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program activities and writes reports and recommendations based on analysis of
collected data.
16.2.4.4 Prepares and monitors department budget,
revenues and expenditures, makes revenue projections, performs cost - benefits
analyses and acts as liaison between division and Finance.
16.2.4.5 Prepares grant applications and monitors grant -
funded programs and contracts.
16.2.4.6 Assists with management and supervision of
special departmental projects, programs and core functions.
16.2.4.7 Coordinates and facilitates personnel related
activities.
16.2.4.8 Develops and revises written procedures to
clarify, describe, or create department standares and policies.
16.2.4.9 Reviews legislation related to departmental
activities and determines effect on departmental operations.
16.2.4.10 Attends and participates in meetings, makes
presentation to CONTRACTOR staff and the public, implements utilization of
information systems, and supervises staff.
Qualifications:
16.2.4.11 A minimum of three (3) years experience of
increasingly complex and responsible governmental administrative staff
experience and education equivalent to graduation from a four year accredited
college or university with specialization in political science, business or
public administration; supervisory and /or program /project management
experience; or any combination of education, training and experience
equivalent to three (3) years experience which provide the knowledge, skills
and abilities of the job.
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16.2.5 Senior Accounting Assistant
Duties:
16.2.5.1 Prepares and maintains financial and accounting
records by gathering, assembling, tabulating, comparing, verifying, and
posting financial and statistical data.
16.2.5.2 Prepares or verifies and processes bills,
invoices, and simila^ documents.
16.2.5.3 Posts and balances cash books, ledgers,
subsidiary journals, and other financial and accounting records.
16.2.5.4 Reconciles accounts to general ledgers and
prepares routing reports and statements.
16.2.5.5 Analyzes and prepares reports of encumbrances
and expenditures for department programs.
16.2.5.6 Performs cost research and cost recovery
analysis.
16.2.5.7 Receives money and maintains records of
receipts, files of invoices and other financial transaction documents.
Qualifications:
16.2.5.8 A minimum of two (2) years of experience
performing responsible accounting, financial, statistical or other specialized
office clerical work supplemented by courses it accounting, finance, business,
office practices, or related coursework: or a combination of two (2) years of
training and experience, or courses in accounting, finance, business and
office practices which provides the knowledge, skills and abilities in
accounting methods and government budgeting.
16.2.5.9 Knowledge of bookkeeping principles and
practices, fund accounting and governmental accounting methods.
16.2.5.10 Ability to keep bookkeeping accounts and prepare
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financial statements and make arithmetic calculations.
16.2.6 Accountant II
Duties:
16.2.6.1 Performs journey -level professional accounting
and fiscal work in the field of governmental accounting.
16.2.6.2 Sets up and maintains special ledgers and other
accounting records.
16.2.6.3 Audits and analyzes weekly and monthly
expenditures of CONTRACTOR's programs and activities and consolidates into
periodic budget status reports.
Qualifications:
16.2.6.4 A minimum of two (2) years of responsible
professional accounting experience and education equivalent to graduation from
a four year accredited college or university with specialization in
accounting, business administration or economics.
16.2.6.5 Ability to apply professional accounting
principles.
16.2.6.6 Ability to prepare complete and accurate
reports.
16.2.6.7 Be able to perform detail work involving written
or numeric data and to make arithmetic calculations rapidly and accurately.
16.2.7 Accounting Assistant
Duties:
16.2.7.1 Performs a variety of routine clerical work
involved in receiving, distributing and maintaining financial and statistical
records, receiving and disbursing cash.
16.2.7.2 Gathers, assembles, tabulates, checks, and posts
financial and statistical data.
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16.2.7.3 Maintains simple accounts, posting entries from
supporting documents and records, including verifications of invoices with
supporting documents.
16.2.7.4 Accepts payments and fees as well as ensures
prompt payment for CONTRACTOR's purchases.
Qualifications:
16.2.7.5 High School diploma, GED, or equivalent
certification, and experience in performing financial, statistical or other
clerical work.
16.2.7.6 Knowledge of modern office practices and
procedures.
16.2.7.7 Knowledge of methods of handling, receipting,
and maintaining records of money received.
16.2.7.8 Skill in making arithmetic computations; fi-ing;
maintaining office records; the operation of office equipment, including ten -
key adding machines, calculators, and personal computers.
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