HomeMy WebLinkAbout25E - AGMT - WIOA YOUTH FUNDSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2015
TITLE:
WORKFORCE INNOVATION AND
OPPORTUNITY ACT YOUTH FUNDS
PROGRAM YEARS 2015 -2017
(STRATEGIC PLAN NO 2,4)
CITY MANA2LR
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on V' Reading
❑ Ordinance on 2 Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
i`. i
Authorize the City Manager and Clerk of the Council to execute agreements or
memorandums of understanding with the following organizations, subject to non-
substantive changes approved by the City Manager and City Attorney from July 1, 2015
through June 30, 2017, contingent on performance outcomes and availability of funds for
the second program year:
a. Orange County Children's Therapeutic Arts Center to provide occupational skills
training in the areas of office administration, mental health paraprofessional, and
childcare worker certification, offer job preparation, paid work experience, tutoring,
mentoring, counseling, and supportive services, for 20 youth in the annual amount
of $164,000;
b. Orange County Conservation Corps to provide alternative secondary education that
leads to a high school diploma, credential training in forklift operator, safe food
handling, customer service, computer software, job preparation, paid work
experience, post - secondary education resources, and support services for 20 youth
in the annual amount of $160,000;
c. Santa Ana Public Library to provide post- secondary occupational skills training in
the areas of digital technology, computer maintenance and repair, paid work
experience, leadership development, tutoring, and mentoring for 22 youth in the
annual amount of $160,000.
Authorize the City Manager and Clerk of the Council to execute agreements with the
following organizations in the order listed below, as additional funds become available,
subject to non - substantive changes approved by the City Manager and City Attorney from
July 1, 2015 through June 30, 2017, contingent on performance outcomes and availability
of funds for the second program year:
25E -1
WIOA YOUTH FUNDS PY 2015 -2017
June 2, 2015
Page 2
a. Orange County Labor Federation to provide a pre- apprenticeship program that will
provide pre - apprenticeship and apprenticeship preparation, workforce preparation,
job readiness skills, and direct placement with apprenticeship programs for 10 youth
in the annual amount of $65,000;
b. Career College of California to provide vocational training in Business Office
Administration, Medical Front Office with Billing and Coding, Accounting, and
Paralegal to 15 youth in the annual amount of $142,500.
WORKFORCE INVESTMENT BOARD ACTION
At its regular meeting on May 21, 2015, by a vote of 14 -5 -7 (Beasley, Davilla, Didion, Jimenez-
Ham!, Martinez abstained; de Leon, Everett, Fischer, Gonzalez, Lewis, Ruiz, Tucker absent), the
Workforce Investment Board approved the recommended action.
DISCUSSION
Under the authority of the Workforce Innovation & Opportunity Act (WIOA), the Santa Ana
Workforce Investment Board (W IB) and its Youth Council are required to procure and fund Youth
Service Providers. The Santa Ana WIB authorized the release of a Request for Proposal (RFP)
in January 2015 seeking organizations to provide WIOA youth services for a two -year period
from July 1, 2015 through June 30, 2017. The RFP incorporated the new legislative
requirements of WIOA to meet six Performance Indicators, expend at minimum 75% of funds on
out -of- school youth, and 20% of funds devoted to participant work experience activities, and to
ensure that the participants have access to the fourteen required Program Elements: tutoring,
alternative secondary school services or dropout recovery services, occupational skills training,
paid or unpaid work experience, education services, leadership development, supportive
services, adult mentoring, follow -up services for 12 months after program completion,
comprehensive guidance and counseling, financial literacy, entrepreneurial skills training,
connections to employers, and preparation for postsecondary education and training.
Staff received 12 proposals requesting $3.3 million in funds. The proposals were assessed and
ranked thoroughly by the RFP Review Committee which was comprised of four Youth Council
members. Due to limited funding, the Review Committee has recommended awarding contracts
to the three highest scoring organizations, with subsequent awards to two additional
organizations as funds become available.
The top three recommended Youth Service Providers will serve 62 Santa Ana youth; 50 out -of-
school youth and 12 in- school youth (Exhibit 1). The initial award is for $484,000, with 48% of the
allocation paying for participant paid work experiences, supportive services, and occupational
training. Two additional organizations are recommended to be awarded agreements in the order
as presented as funds are available. The Department of Labor (DOL) recently announced the
WIOA grant allocation the State, however, is waiting for release of the federal Notice of
Obligations (NOO). Upon release of the NOO, the youth allocations will be available to the local
area immediately.
25E -2
WIOA YOUTH FUNDS PY 2015 -2017
June 2, 2015
Page 3
The Youth Service Providers will enroll at -risk Santa Ana youth that have one or more of the
following barriers: low- income, foster /emancipated, disability, homeless, probation, school
dropout, teen - parent, reading and /or math skills below 8th grade level. Youth participants are
recruited from Santa Ana Unified School Districts Transitional Partnership Program (students
with mild to moderate disabilities), local high schools, Social Services foster care /Orangewood,
Juvenile Probation Department, Orange County Department of Education ACCESS sites, court
referrals, and community based organizations.
Service Providers will prepare youth for the workforce by offering participants State recognized
credential /certificate training programs in high - demand industries such as healthcare, information
technology, retail/hospitality, law, and pre - apprenticeships; re- engage youth in high school
diploma /equivalency education programs, offer hands -on paid work experience, expose youth to
post - secondary education institutions, assist youth with college enrollment, incorporate
community service projects and leadership skills, and ensure that youth become self - sufficient.
All Youth Service Providers will be required to meet WIOA youth performance indicators. DOL
has yet to negotiate the performance attainment percentage; however, current performance
indicators being measured are: 1) attainment of unsubsidized employment at 2 "d quarter after
exit, 2) attainment of employment at 4th quarter after exit, 3) median earnings, 4) recognized
postsecondary credential or secondary diploma, 5) skill attainment, and 6) effectiveness in
serving employers.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #2 Youth, Education, Recreation,
Objective and #4 (Partner with groups and organizations to promote education, senior services,
job training and development for all Santa Ana residents).
FISCAL IMPACT
Funds for these contracts will be available in the WIOA Youth accounts (account no. 12318750-
69135) upon City Council's adoption of the Fiscal Year 2015 -2016 budget. Funds for the second
program year in the amount of $484,000 will be budgeted and made available in the Fiscal Year
2016 -2017 budget.
25E -3
WIOA YOUTH FUNDS PY 2015 -2017
June 2, 2015
Page 2
K Ily Ree ers
Executive irector
Community Development Agency
DS /jc /sg /sb
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibit: 1. Workforce Innovation & Opportunity Act Youth Service Providers
Program Year 2015 -2016 and Program Year 2016 -2017
2. Youth Provider Agreement
3. Youth Provider MOU
25E -4
Workforce Innovation Opportunity Act Youth Service Providers
Program Year 2015 -2016 and Program Year 2016 -2017
1. Recommended WIOA Youth Service Providers
1. Subsequent Awardees
#of
In
Out of
-
Otigiqu Funds
Youth Council
Cost Per
Rank
.Score
Organization
Type of Service
Youth to
c
School
School
Requested
Recommended
Youth
Serve
Funding
Serve Youth w/ Disabilites
& Foster Youth; Exec.
OC Children's
Admin Cart; Childcare
4
359
Therapeutic
Worker Certl; Mental
10
2
8
$280,000
$65,000
$6,500
1
392
Arts Center
Health Cert; Paid WEX
20
5
15
$315,166
$164,000
$8,200
Career College
Serve Probation Youth,
5
1 354
OC
Contruction Training;
15
0
1 15
1 $330,187
$142,500
$9,500
Top 1 thru 6 Youth Service Providers 1
87
Conservation
Forklift Cart; Customer
$1,611,097
$691,500
$7,948
2
381
Corps
Service Cert; Paid WEX
20
0
20
$391,450
$160,000
$8,000
Serve At -Risk Youth,
Microsoft Office Cart;
Santa Ana
Digital Media Cart, Paid
3
360
Public Library
WEX
1 22
1 7
1 15
$294,294
$160,000
$7,273
Top 3 Youth Service Providers
62-
12
50
$1,000,910
$484,000
$7,806.45
1. Subsequent Awardees
2tt' 5
# of
In
Out of
Original Funds
Youth Council
Cost Per
Rank
Score
Organization
Type of Service
Youth to
School
School
Requested
Recom mended
Youth
Serve
Funding
Preparation for Labor or
Union Pre - Apprenticeships
OC Labor
& Apprenticeships, Paid
4
359
Federation
WEX
10
2
8
$280,000
$65,000
$6,500
Training in Medical, Office,
Career College
Paralegal, Accounting,
5
1 354
1 of California
Paid WEX
15
0
1 15
1 $330,187
$142,500
$9,500
Top 1 thru 6 Youth Service Providers 1
87
14
73_
$1,611,097
$691,500
$7,948
2tt' 5
25E -6
NOTE: Same agreement will he
used for non - profit organizations
approved for the WIOA Youth
Program 2015 -2017,
AGREEMENT UNDER THE WORIdORCE INNOVATION AND OPPORTUNITY ACT
THIS SUBAWARD AGREEMENT, made and entered into this I`t day of July, 2015,
by and between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the State of California ( "CITY ") and a
non - profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number
( "SUBRECIPIENT ").
RECITALS.
A. CITY has been designated a Local Workforce Investment Area (LWIOA) under
the Workforce ..Innovation and Opportunity Act of 2014, Public Law 1 -113 -128 ( "the Act "), Catalog of
Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number
(FAIN) AA253421455A6.
B. The State of California has created the LWIOA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIOA, CITY is entitled to receive federal funds to establish programs to
increase the employment, retention and earnings of participants, and increase occupational skills
attaimnent by participants, and as a result, improve the quality of the workforce, reduce welfare
dependency, and enhance the productivity and competitiveness of the nation ( "said program ")
D. SUBRECIPIENT is experienced in operating workforce development programs
for at -risk youth that provide preparation for secondary and post - secondary education, occupational
training, and employment skills for entry into the labor market.
E. SUBRECIPIENT is willing to operate said program pursuant to the Act and
California law.
WHEREFORE, for and in consideration of the respective and mutual covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
I.
SUBRECIPIENI''S OBLIGATIONS
A. SUBRECIPIENT agrees to provide the following services pursuant to said
program, as more specifically set forth in SUBRECIPIENT'S Program Narrative contained in
"Exhibit A ", as required to be responsive to the Federal Funding Accountability and Transparency Act
(FFATA) per 2 CFR §200.331(a)(1)(ix), and in the Performance Indicators "Exhibit B ", per 2 CFR
§200.331(4) and 2 CFR §200.325, 'both attached hereto and by this reference incorporated herein.
SUBRF,CIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of
payment to SUBREC'.IPIENT otherwise provided for hereinafter.
B. SUBRECIPIENT agrees to provide benefits to individuals who participate in the
�_ j Page 1 of 17
activities and services funded by this Agreement ( "participants ") in accordance with the standards and
requirements set forth in the Act.
C. SUBRECIPIENT agrees to perform the services set forth herein in a
professional, timely and diligent manner.
D. SUBRECIPIENT shall provide wages and benefits to individuals who participate
in the activities and services funded by this Agreement in accordance with the standards and
requirements of the Act, including Section 181 of the Act.
E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act,
including Section 181 of the Act.
F, SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under
the WIOA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR
683.600. SUBRECIPIENT shall advise participants of their rights to file complaints under the Act and
the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a
violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any
decision of CITY, the State or the federal, government relating to the complaint shall be binding and
followed by SUBRECIPIENT. SUBRECIPIENTS who are employers shall operate a grievance system
that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of
employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 18 8) and compliance with Equal Employment Opportunity
provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the
requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of
the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended;
the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and
with all applicable requirements imposed by or pursuant to regulations implementing those laws,
including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and
CITY have the right to seek judicial enforcement of this assurance.
H. SUBRECIPIENT agrees that no participant(s) shall continence training prior to the
approval of funding pursuant to Section 123 of the Act,
SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and
review requirements:
1. SUBRECIPIENT agrees to maintain such records and submit such
reports, data and information, on the form and containing such information, at such times as
CITY may request or require regarding the performance of SUBRECIPIENT'S services or
activities, costs or other data, including but not limited to, participants' attendance, payroll
records and job duty statements.
25E-8 Page 2 of 17
2. SUBRECIPIENT agrees to forward to the Santa Ana. Work Center
Administrative Office, 1000 East Santa Ana Blvd„ Suite 200, Santa Ana, California 92701
completed Workforce Innovation and Opportunity Act Application form and supporting
documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent
updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce
Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of
participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 20 days
following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter
information on the State of California's CalJobs database system as instructed and requested by
the Santa Ana Work Center Administration.
3. CITY, the State of California and the United States government and /or
their representatives shall have access for purposes of monitoring, auditing and examining of
SUBRECIPIENT'S activities, performance, books, documents, papers, and records of
SUBRECIPIENT SUBRECIPIENTs, bookkeepers and accountants, and employees and
participants related to this Agreement. Such agencies or representatives shall also schedule on-
site monitoring in their discretion, Monitoring activities may also include, but are not limited
to, questioning employees and participants and entering any premises or onto any site in which
any of the services or activities funded hereunder are conducted or in which any of the records
of SUBRECIPIENT are kept (2 CFR §200.330), Nothing herein shall be construed to require
access to any privileged or confidential information as set forth in federal or state law.
4. In the event SUBRECIPIENT does not make the above - referenced
documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay
all necessary and reasonable expenses incurred by CITY in conducting any audit at the location
where said records and books of account are maintained.
5. All accounting records and evidence pertaining to all costs of
SUBRECIPIENT and all documents related to this Agreement shall be kept available at the
location where SUBRECIPIENT conducted the program, as well as in the County of Orange,
for the duration of this Agreement and thereafter for three (3) years after completion of an audit.
Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY, the State of California or the United States Government take exception, shall be retained
beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or
exceptions.
J. Without prejudice to any other section of this Agreement, SUBRECIPIENT
shall, where applicable, maintain the confidential nature of information provided to it concerning
patticipants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, SUBRECIPIENT agrees to submit to CITY, the State of California and /or the United States
Government or then- representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs
incurred and set-vices rendered hereunder.
K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail
the amount of money already expended by SUBRECIPIENT hereunder, as this is a cash reimbursement
contract. Accounting records must be supported by such source documentation as invoices, bills,
25E-9 Pa &e 3 of 17
statements, proof of payment, such as cancelled checks, payment confirmations, account statements,
paid bills, payroll records, time and attendance records, and contract and subgrant award documents(2
CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above - stated documents to the WIB
Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the
tenth (10th) day of the month following the month in which SUBRECIPIENT'S services are performed.
Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said
deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said
deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the
option to deobligate SUBRECIPIENT's funds and cancel this Agreement by giving SUBRECIPIENT
ten (10) days written notice thereof. SUBRECIPIENT shall either return to the CITY excess revenues
over costs or use such excess revenues as program income by utilizing such program income for
additional training activities authorized under the Act.
L, SUBRECIPIENT agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at
SUBRECIPIENT'S own expense, supplies and other costs of said PROGRAM.
M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA
fiords received from CITY, in accordance with the Act, 2 CFR. 200.500. SUBRECIPIENT shall submit
one original of each required audit report to CITY within thirty (30) days after the date received by
SUBRECIPIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its
option, withhold payment of funds, disallow funds, or suspend additional grant funds.
N. SUBRECIPIENT shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
0. SUBRECIPIENT shall comply with the provisions of Circular A -102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ",
Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and
executive orders and their implementing regulations, including regulations at 29 CFR Part 97.
P. SUBRECIPIENT shall comply with the requirements of federal regulations
found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient
of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, member of Congress or an officer or
employee of a member of Congress in connection with awarding of any federal contract, the making of
any federal grant or loan, entering into any cooperative agreement and the extension, renewal,
amendment or modification of any federal contract, grant, loan or cooperative, agreement.
SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in
"Exhibit D," attached hereto and by this reference incorporated herein, SUBRECIPIENT shall submit
said signed Certification to CITY prior to performing any of its obligations under this Agreement and
prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT Under the
terms and conditions of this Agreement.
Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug
Free Workplace Certification as set forth in 'Exhibit E" attached hereto and incorporated herein by
this reference.
25E -10 Page 4ofI?
R. SUBRECIPIENT, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child, and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and
all applicable federal regulations, including, but not limited to, the Code of Federal Regulations,
Subtitle A— Office of Management and Budget Guidance for Grants and Agreements, as well as all
applicable state and local regulations.
T. SUBRECIPIENT agrees to remain in compliance with the Certification
Regarding Debarment ( "Exhibit F "), as required by the regulations implementing Executive Order
12549, Debarment and Suspension, (2 CPR Part 180).
U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CPR Part 1010, and the regulations implementing priority of service for
veterans and eligible spouses in Department of Labor job training programs under the Jobs for
Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008.
V. SUBRECIPIENT acknowledges that the official name for the statewide system
of providing employment and training through the WIOA partnerships and various other local
programs is "America's Job Center ", To achieve the goals of this grant, it is important that the public
has a quick and easy method to identify that the projects or programs they are taking part in are part of
the "America's Job Center ". SUBRECIPIENT agrees to place the America's Job Center logo, in
accordance with the State of California guidelines for such use, on all public materials, such as
statements, press releases, brochures, advertisements, reports and other documents describing projects
or programs funded in whole or in part with WIOA fiends. When the America's Job Center logo is
used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a
proud partner of the America's Job Center network", SUBRECIPIENT shall not use the America's Job
Center logo in any manner that would imply that the State of California endorses a commercial
product, service or activity,
II.
CITY'S OBLIGATIONS
A. On May 13, 2015, the CITY was awarded $1,136,469 in youth finds under the
Act for fiscal year 2015 -2016 fiom the Department of Labor, Employment and Training
Administration. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are
received under the provisions of the Act a sum not to exceed $ for SUBRECIPIENT'S
performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this
Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as
provided hereinabove.
B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the
SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated
between the SUBRECIPIENT aid the Federal government, or, if no such rate exists, either a rate
25E -11 Pages of 17
negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defined in
2 CFR §200.414(b) Indirect (F &A) costs.
C. SUBP,.E'CIPIENThas the ability to adjust line item srnounts in the budget witli
the approval of the Executive Director, so long as the total Budget amount does not increase.
D. CITY agrees to provide for on -site monitoring reviews of said program
operation at least annually, In addition, monthly desk -top reviews of pertinent information will be
conducted.
E. CITY has the right to de- obligate the fiends hereunder, and take such funding
back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by
SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available
fturding.
III.
TERM OF AGREEMENT
A. This Agreement shall commence on July 1, 2015, and all duties arising tinder
this Agreement shall have been performed by June 30, 2017. The Term of this Agreement may be
extended by a writing executed by the City Manager and the City Attorney, SUBRECIPIENT
acknowledges and agrees that it must provide follow -up services for one (1) year after the Tenn,
whether funded or not.
B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2
CFR §200.343, including the following:
1. SUBRECIPIENT must submit, no later than ninety (90) calendar days
after the end date of the period of performance, all financial, performance, and other reports as required
by the terms and conditions of the Federal award;
2. Unless the CITY authorizes an extension, SUBRECIPIENT must
liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after
the end date of the period of performance as specified in the terns and conditions of the Federal award;
3. SUBRECIPIENT must promptly refund any balances of unobligated cash
that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A -129 and 2 CFR §200.345);
4. SUBRECIPIENT must account for any real and personal property
acquired with Federal funds or received frorn the Federal government in accordance with 2 CFR
§ §200.310 - 200,316 and 200.329; and,
5. The CITY should complete all closeout actions for the Federal award no
later than one year after receipt and acceptance of all required final reports.
N.
INDEPENDENT CONTRACTOR
25E -12 Page 6 °F"
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City, This Agreement is not intended nor shall it be
construed to-create an employer - employee relationship, a joint venture relationship, or to allow the City
to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGIiTS
A. SUBRECIPIENT shall use appropriate fronds received from CITY to provide
workers' compensation to all those hired by SUBRECIPIENT under this Agreement.
B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable
federal and state laws and regulations, including, but not limited to the Performance Indicators
(Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and
applicable regulations, and the U.S. Department of Labor guidelines and regulations, including
amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby
incorporated by reference and made part of this Agreement as though fully set forth herein.
B, SUBRECIPIENT also assures and. certifies that:
1. SUBRECIPIENT acknowledges and confirms that the U,S, Department
of Labor has established six (6) performance indicators for youth: (a) Percent of participants who are
in education /training activities, or in unsubsidized employment during the 2'd quarter after exit; (b
Percent of participants who are in education /training, or in unsubsidized employment during the 4"'
quarter after exit; (c) the median earnings of participants in unsubsidized employment during the 2"a
quarter after exit; (d) Percent of participants who obtain recognized postsecondary credential or
secondary diploma during participation or within 1 year after exit; (e) Percent of participants who,
during the program, are in education or training that leads to a recognized postsecondary credential or
employment and who are achieving measurable skill gains; and, (f) effective in serving employers.
SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may
be subsequently required by the Workforce Innovation and Opportunity Act or by any other Federal,
State, and local law.
2. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of
25E -13 Page 7of17
1964 (P.L. 83 -354) and in accordance with Title VII of the Act, requiting that no person shall, on the
grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
3. SUBRECIPIENT shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
4. SUBRECIPIENT shall comply with the requirements that no program
under the Act shall involve political activities.
5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the WIB Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use of funds under this Agreement for a three -year period
from and after the effective date of this Agreement.
6. No person with responsibilities in the operation of any program under the
Act shall discriminate with respect to any program participant or any application for participation in
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
7. SUBRECIPIENT shall maintain appropriate standards for health and
safety in work and training situations.
S. SUBRECIPIENT shall comply with general provisions, assurances, and
execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein.
9. EQUAL OPPORTUNITY. Any literature distributed by
SUBRECIPIENT for the purpose of apprising businesses, participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa Ana and
the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity
employer /program" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
10. Based on the population eligible to be served, or likely to be
directly affected, by the WIOA program or activity, the services or information may need to be provided
in a language other than English in order to allow such population to be effectively infommed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, SUBRECIPIENT must take
reasonable steps to provide services and information in appropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
11. SUBRECIPIENT certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of
in accordance with the direction of the CITY. In addition, any tools aid /or equipment furnished to the
SUBRECIPIENT by the CITY aid /or purchased by the SUBRECIPIENT with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agreement and will remain the
property of the United States Government and/or CITY. Upon termination of this Agreement,
25E -14 Page 8of17
SUBRECIPIENT will immediately return such tools and /or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
12. SUBRECIPIENT certifies that this Agreement does not provide for the
advancement or aid to any religious sect, church or creed, or sectarian purpose, not does it help to
support or sustain any school, college, -university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section S, of the
Constitution of the State of California, regarding separation of church and state.
11 PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program
developed, or data assembled, as a result of performance of work under this Agreement, within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U,S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT
will transfer all pertinent information, specifications slid right, title and interest to the designated
agency.
14. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
and the DOL and its representative on these matters, the DOL shall determine whether to seek
protection on the invention or discovery. The DOL and its representative shall determine how the
rightsun the invention or discovery, including rights under any patent issued thereon, will be allocated
and administered in order to protect the public interest consistent with the "Governmental Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Govermnent Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright -
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
SUBRECIPIENT and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(a) The copyright in any work developed -under may grant, sub -grant, or contract under a grant or
subgrant; (b) Any right of copyright to which a grantee, subgramee or a SUBRECIPIENT purchases
ownership with graut support; and, (c) SUBRECIPIENT shall comply with the requirements of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
25E -15 Page 9of17
15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds
$100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)];
Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental
Protection Agency ( "EPA ") regulations (40 CFR Pact 15) as any may now exist or be hereafter
amended. Under these laws and regulations, the SUBRECIPIENT assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY 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,
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF
CONDUCT:
a. General Assurance. Every reasonable course of action will be taken by SUBRECIPIENT in
order to maintain the integrity of this expenditure of public fiords and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from, errors to gain personal, financial,
political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
b. Emplopuent of Former State or CITY Employees. SUBRECIPIENT will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two (2) years following the termination of such employment.
c. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, SUBRECIPIENT.
d. Conducting Business Involving Close personal Fr ends and Associates. Executives and
employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can
be exerted by personal friends and associates and, in administering this Agreement, will exercise due
diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to
friends and associates. When it is in the public interest for SUBRECIPIENT to conduct business with
a friend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or
a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the
transaction will be retained.
e. Avoidance of Conflict of Economic Interest. No executive or employee of
25E -16 Page 10 of 17
SUBRECIPIENT elected official in the area, or voting or non- voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased,
with Agreement funds will be used solely for purposes asserted or allowed under this Agreement, No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
f. Salary and Bonus Limitations. All Subrecipients of WIOA program farads are required
to comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109 -149, Section 7013,
VII.
HOLD HARMLESS
A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
claims, resulting from or arising out of the negligent acts, errors Or omission of SUBRECIPIENT, its
employees or subcontractors.
B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
liamiless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
SUBRECIPIENT, its employees or subcontractors.
VIII.
INSURANCE
1. Commercial General Liability_. SUBRECIPIENT agrees to obtain and keep in force
during the term of this Agreement a policy of eomprehensive commercial general liability insurance
insuring the State of California, CITY, and SUBRECIPIENT against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence, with $2,000,000 in the aggregate coverage. Said policy of
comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of
California, Employment Development Department, at least thirty ('30) days written notice prior to
cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California,
its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to
any other coverage or self- insurance of the State of California and CITY (in substantially the form as
Exhibit 1, Additional Insured Endorsement, attached hereto). Governnental entities may substitute a
certificate of self - insurance,
25E -17 Page 11 of 17
2, Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain,
during the effective period. of this Agreement, broad form automobile liability coverage with at least
$1,000,000 limit unless reduced by CITY, which applies to 'both owned/leased and non -owned
automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants,
or agents as self - certification of automobile insurance coverage. Governmental entities may substitute
a certificate of self-insurance.
3, Workers' Compensation. If SUBRECIPIENT is an "employer ", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. SUBRECIPIENT shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4, Equipment Coverage, SUBRECIPIENT shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self - insurance.
S. Youth Protection. To maintain a safe environment, funded youth providers that
serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual
Abuse & Molestation insurance coverage of at least $2,000,000. Youth providers will be held
responsible for conducting a background clearance (live -scan) for staff that have direct interaction with
youth participants that are under the age of 18.
6. Proof of Inau xance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
IX,
CORPORATESTATUS
All corporate SUBRECIPIENTs shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
25E -18 Page 12 of 17
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY, SUBRECIPIENT must submit all subcontracts and other agreements that relate to
this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement
regulations for SUBRECIPIENTs (2 CFR §200.317). No subcontract or assignment shall terminate or
alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, SUBRECIPIENT shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 2 CFR 200 and 20 CFR, Parts 651 and 654
2. All applicable State statutes, regulations, policies, procedures and directives;
3. All applicable CITY policies, procedures and directives; .
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with
such or will notify CITY after enactment or modification that it cannot so comply. CITY may
thercupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of SUBRECIPIENT by CITY, and contains
all the covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
XIII.
FRAUD
SUBRECIPIENT shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement,
25E -19 Page 13 of 17
XIV.
CONTINGENCY OF FUNDS
SUBRECIPIENT aelmowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant.
B. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
SUBRECIPIENT, which default and termination shalt be effective on a date stated in the notice which is
to be not less than ten (10) clays after certified mailing or personal service of such notice, unless such
default is cured before the effective date of termination stated in such notice. If terminated for cause,
CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for approved expenses incurred
for services satisfactorily and timely performed prior to the mailing or service of the notice of termination,
and except for reimbursement of (1) any payments made for services not subsequently performed in a
timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise famish a copy thereof to SUBRECIPIENT. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from SUBRECIPIENT written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars, Pending
final disposition of the appeal, SUBRECIPIENT shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH - SANCTIONS
If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by SUBRECIPIENT pursuant
to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes
25E -20 Page 14 of 17
disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of SUBRECIPIENT's violation, For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as SUBRECIPIENT fulfills its obligations or remedies all violations of this Agreement or
prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and /or (3)
tenninate this Agreement by giving written notice to SUBRECIPIENT of such termination in
accordance the notice provision in Paragraph XVHI herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
P.O. Box 1988 (M -73)
Santa Ana, CA 92702
CLERIC: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Telefacsimile (714) 647 -6956
SUBRECIPIENT:
Phone:
Pax:
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties, There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement,
XXI.
25E -21 Page 15 of 17
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereimbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
25E-22 Page 16 of 17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above - written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City
mm
"CITY"
By:
David Cavazos
City Manager
"SUBRECIPIENT"
BY:
Name:
Title:
Tax ID #:
25E -23
Page 17 of 17
25E -24
MEMORANDUM OF UNDERSTANDING
UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
THIS SUBAWARD AGREEMENT, made and entered into this I5t day of July, 2015,
by and between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the State of California ( "CITY ") and the City of Santa Ana
/ Santa Ana Public Library, identified by the assigned Data Universal Numbering System (DUNS)
Number ( "SUBRECIPIENT ").
RECITALS:
A. CITY has been designated a Local Workforce Investment Area ( LWIOA) tinder
the Workforce Innovation and Opportunity Act of 2014, Public Law 1- 113 -128 ( "the Act "), Catalog of
Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number
(FAIN) AA253421455A6.
B. The State of California has created the LWIOA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIOA, CITY is entitled to receive federal funds to establish programs to
increase the employment, retention and earrings of participants, and increase occupational skills
attainment by participants, and as a result, improve the quality of the workforce, reduce welfare
dependency, and enhance the productivity and competitiveness of the nation ( "said program ")
D. SUBRECIPIENT is experienced in operating workforce development programs
for at -risk youth that provide preparation for secondary and post - secondary education, occupational
training, and employment skills for entry into the labor market.
E. SUBRECIPIENT is willing to operate said program pursuant to the Act and
California law,
WHEREFORE, for and in consideration of the respective mid mutual covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
I.
SUBRECIPIENT'S OBLIGATIONS
A. SUBRECIPIENT agrees to provide the following services pursuant to said
program, as more specifically set forth in SUBRECIPIENT'S Program Narrative contained in
"Exhibit A ", as required to be responsive to the Federal Funding Accountability and Transparency Act
(FFATA) per 2 CFR §200.33 1 (a)(1)(ix), and in the Performance Indicators "Exhibit B", per 2 CFR
§200.331(d) and 2 CFR §200.328, both attached hereto and by this reference incorporated herein.
SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of
payment to SUBRECIPIENT otherwise provided for hereinafter.
iff2A Page 1 of 17
B. SUBRECIPIENT agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ( "participants ") in accordance with the standards and
requirements set forth in the Act.
C. SUBRECIPIENT agrees to perform the services set forth herein in a
professional, timely and diligent manner.
D, SUBRECIPIENT shall provide wages and benefits to individuals who participate
in the activities and services funded by this Agreement in accordance with the standards and
requirements of the Act, including Section 181 of the Act.
E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act,
including Section 181 of the Act.
F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under
the WIOA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR
683.600. SUBRECIPIENT shall advise participants of their rights to file complaints under the Act and
the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a
violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any
decision of CITY, the State or the federal government relating to the complaint shall be binding and
followed by SUBRECIPIENT. SUBRECIPIENTS who are employers shall operate a grievance system
that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of
employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity
provisions in Executive Order (E.O.) 11246, as amended by E.Q. 1 1375 and supplemented by the
requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of
the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation .Act of 1973, as amended;
the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and
with all applicable requirements imposed by or pursuant to regulations implementing those laws,
including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and
CITY have the right to seek judicial enforcement of this assurance.
H. SUBRECIPIENT agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and
review requirements:
1. SUBRECIPIENT agrees to maintain such records and submit such
reports, data and information, on the form and containing such information, at such times as
CITY may request or require regarding the performance of S'UBRECIPIENT'S services or
activities, costs or other data, including but not limited to, participants' attendance, payroll
records and job duty statements,
25E -26 Page 2 of 17
2. SUBRECII'IENT agrees to forward to the Santa Ana Work Center
Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701
completed Workforce Innovation and Opportunity Act Application form and supporting
documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent
updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce
Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of
participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 20 days
fallowing 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter
information on the State of California's CalJobs database system as instructed and requested by
the Santa Ana Work Center Administration.
3. CITY, the State of California and the United States government and/or
their representatives shall have access for purposes of monitoring, auditing and examining of
SUBRECIPIENT'S activities, performance, books, documents, papers, and records of
SUBRECIPIENT SUBRECIPIENTs, bookkeepers and accountants, and employees and
participants related to this Agreement. Such agencies or representatives shall also schedule on-
site monitoring in their discretion. Monitoring activities may also include, but are not limited
to, questioning employees and participants and entering any premises or onto any site in which
any of the services or activities funded hereunder are conducted or in which any of the records
of SUBRECIPIENT are kept (2 CPR §200.330). Nothing herein shall be construed to require
access to any privileged or confidential information as set forth in federal or state law.
4. In the event SUBRECIPIENT does not male the above - referenced
documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay
all necessary and reasonable expenses incurred by CITY in conducting any audit at the location
where said records and books of account are maintained.
S. All accounting records and evidence pertaining to all costs of
SUBRECIPIENT and all documents related to this Agreement shall be kept available at the
location where SUBRECIPIENT conducted the program, as well as in the County of Orange,
for the divation of this Agreement laid thereafter for three (3) years after completion of an audit.
Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY, the State of California or the United States Government tale exception, shall be retained
beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or
exceptions.
J. Without prejudice to any other section of this Agreement, SUBRECIPIENT
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, SUBRECIPIENT agrees to submit to CITY, the State of California and /or the United States
Government or their representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs
incurred and services rendered hereunder.
K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail
the amount of money already expended by SUBRECIPIENT hereunder, as this is a. cash reimbursement
25E -27 Page 3 of 17
contract. Accounting records must be supported by such source documentation as invoices, bills,
statements, proof of payment, such as cancelled checks, payment confirmations, account statements,
paid bills, payroll records, time and attendance records, and contract and subgrant award docaments(2
CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above- stated documents to the WIB
Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the
tenth (10th) day of the month following the month in which SUBRECIPIENT'S services are performed.
Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said
deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said
deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the
option to deobligate SUBRECIPIENT's funds and cancel this Agreement by giving SUBRECIPIENT
ten (10) days written notice thereof, SUBRECIPIENT shall either return to the CITY excess revenues
over costs or use such excess revenues as program income by utilizing such program income for
additional training activities authorized under the Act.
L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at
SUBRECIPIENT'S own expense, supplies and other costs of said PROGRAM.
M. SUBRECIPIENT shall arrange independently for an audit that includes WIO.A
finds received fiom CITY, in accordance with the Act, 2 CFR 200.500. SUBRECIPIENT shall submit
one original of each required audit report to CITY within thirty (30) days after the date received by
SUBRECIPIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its
option, withhold payment of funds, disallow funds, or suspend additional grant finds.
N. SUBRECIPIENT shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
0. SUBRECIPIENT shall comply with the provisions of Circular A -102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ",
Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and
executive orders arid their implementing regulations, including regulations at 29 CFR Part 97.
P. SUBRECIPIENT shall comply with the requirements of federal regulations
found at 29 CFR Part 93, which provide that no appropriated ftnds may be expended by the recipient
of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, member of Congress or an officer or
employee of a member of Congress in connection with awarding of any federal contract, the malting of
any federal grant or loan, entering into any cooperative agreement and the extension, renewal,
amendment or modification of any federal contract, grant, loan or cooperative agreement,
SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in
"Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit
said signed Certification to CITY prior to performing any of its obligations under this Agreement and
prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the
terms and conditions of this Agreement.
Q, SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug
Free Worlq)lace Certification as set forth in "Exhibit E" attached. hereto and incorporated herein by
25E -28 Nge4oft7
this reference.
R. SUBRECIPIENT, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and
all applicable federal regulations, including, but not limited to, the Code of Federal Regulations,
Subtitle A— Office of Management and Budget Guidance for Grants and Agreements, as welt as all
applicable state and local regulations.
T, SUBRECIPIENT agrees to remain in compliance with the Certification
Regarding Debarment ( "Exhibit F"), as required by the regulations implementing Executive Order
12549, Debarment and Suspension, (2 CFR Part 180).
U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CFR Part 1010, and the regulations implementing priority of service for
veterans and eligible spouses in Department of Labor job training programs under the Jobs for
Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008.
V. SUBRECIPIENT aclmowledgos that the official name for the statewide system
of providing employment and training through the WIOA partnerships and various other local
programs is "America's Job Center ". To achieve the goals of this grant, it is important that the public
has a quick and easy method to identify that the projects or programs they are taking part in are part of
the "America's Job Center ". SUBRECIPIENT agrees to place the America's Job Center logo, in
accordance with the State of California guidelines for such use, on all public materials, such as
statements, press releases, brochrares, advertisements, reports and other documents describing projects
or programs funded in whole or in part with WIOA funds. When the America's Job Center logo is
used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a
proud partner of the America's Job Center network ". SUBRECIPIENT shall not use the America's Job
Center logo in any manner that would imply that the State of California endorses a commercial
product, service or activity.
H.
CITY'S OBLIGATIONS
A. On May 13, 2015, the CITY was awarded $1,136,469 in youth fiords under the
Act for fiscal year 2015 -2016 from the Department of Labor, Employment and Training
Administration, CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are
received under the provisions of the Act a sum not to exceed $160,000 for SUBRECIPIENT'S
performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this
Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as
provided hereinabove.
B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the
SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated
25E -29 Page 5 of 17
between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate
negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defined in
2 CFR §200.414(b) Indirect (F &A) costs.
C. SUBRECIPIENT has the ability to adjust line item amounts in the budget with
the approval of the Executive Director, so long as the total Budget amount does not increase.
D. CITY agrees to provide for on -site monitoring reviews of said program
operation at least annually. In addition, monthly desk -top reviews of pertinent information will be
conducted.
E. CITY has the right to de- obligate the fiends hereunder, and take such funding
back from SUBRECIPIENT, due to any of the following reasons: (a) lack of perfonnance by
SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available
funding.
III.
TERM OF AGREEMENT
A. This Agreement shall commence on July 1, 2015, and all duties arising under
this Agreement shall have been performed by June 30, 2017. The Term of this Agreement may be
extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT
acknowledges and agrees that it must provide follow -up services for one (1) year after the Term,
whether fiunded or not.
B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2
CFR §200.343, including the following:
1. SUBRECIPIENT must submit, no later than ninety (90) calendar days
after the end date of the period of performance, all financial, performance, and other reports as required
by the terms turd conditions of the Federal award;
2. Unless the CITY authorizes an extension, SUBRECIPIENT must
liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after
the end date of the period of performance as specified in the terms and conditions of the Federal award;
3. SUBRECIPIENT must promptly refund any balances of unobligated cash
that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A -129 and 2 CFR §200345);
4. SUBRECIPIENT must account for any real anal personal property
acquired with Federal funds or received from the Federal government in accordance with 2 CFR
§ §200.310- 200.316 and 200.329; and,
5, The CITY should complete all closeout actions for the Federal award no
later than one year after receipt and acceptance of all required final reports.
IV.
25E-30 Page 6 of 17
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be all
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer- employee relationship, a joint venture relationship, or to allow the City
to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. SUBRECIPIENT shall use appropriate funds received from CITY to provide
workers' compensation to all those lured by SUBRECIPIENT under this Agreement.
B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer.
Vl.
APPLICABLE GUIDELINES
A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable
federal and state laws and regulations, including, but not limited to the Performance Indicators
(Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and
applicable regulations, and the U.S. Department of Labor guidelines and regulations, including
amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby
incorporated by reference and made part of this Agreement as though fully set forth herein.
B. SUBRECIPIENT also assures and certifies that:
1, SUBRECIPIENT acknowledges and confirms that the U.S. Department
of Labor has established. six (6) performance indicators for youth: (a) Percent of participants who are
in education/training activities, or in unsubsidized employment during the 2'd quarter after exit; (b)
Percent of participants who are in education/training, or in unsubsidized employment during the 4`"
quarter after exit; (c) the median earnings of participants in unsubsidized employment during the 2 "a
quarter after exit; (d) Percent of participants who obtain recognized postsecondary credential or
secondary diploma during participation or within 1 year after exit; (e) Percent of participants who,
during the program, are in education or training that leads to a recognized postsecondary credential or
employment and who are achieving measurable drill gains; and, (f) effective in serving employers.
SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may
be subsequently required by the Workfbree hmovation and Opportunity Act or by any other Federal,
State, and local law.
25E -31 Pagel of 17
2. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of
1964 (P.L. 83 -354) and in accordance with Title VII of the Act, requiring that no person shall, on the
grounds of race, color, religion, sex, age, handicap or national origin be excluded front participation in,
be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
3. SUBRECIPIENT shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
4. SUBRECIPIENT shall comply with the requirements that no program
under the Act shall involve political activities.
5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the WIB Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use of fiords under this Agreement for a three-year period
from and after the effective date of this Agreement.
6. No person with responsibilities in the operation of any program under the
Act shall discriminate with respect to any program participant or any application for participation, in
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
7. SUBRECIPIENT shall maintain appropriate standards for health and
safety in work and training situations.
8. SUBRECIPIENT shall comply with general provisions, assurances, and
execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein.
9. EQUAL OPPORTUNITY. Any literature distributed by
SUBRECIPIENT for the purpose of apprising businesses, participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa Ana and
the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity
employer /program" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
10. Based on the population eligible to be served, or likely to be
directly affected by the WIOA program or activity, the services or information may need to be provided
in a language other than English in order to allow such population to be effectively informed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, SUBRECIPIENT must take
reasonable steps to provide services and information in appropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
11. SUBRECIPIENT certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of
in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the
SUBRECIPIENT by the CITY and /or purchased by the SUBRECIPIENT with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agrooment and will remain the
property of the United States Government and /or CITY. Upon termination of this Agreement,
25E -32 Page 8 of 17
SUBRECIPIENT will immediately return such tools and /or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
12. SUBRECIPIENT certifies that this Agreement does not provide for the
advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
13. PATENT, COPYRIGHTS AND RIGHTS IN DATA, The
SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program
developed, or data assembled, as a result of performance of work under this Agreement, within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT
will transfer all pertinent information, specifications and right, title and interest to the designated
agency.
14. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work ruuder a U.S. Department of Labor (DOL) grant or
agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CI'T'Y
and the DOL and its representative on these matters, the DOL shall determine whether to seek
protection on the invention or discovery. The DOL and its representative shall determine how the
rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
and administered in order to protect the public interest consistent with the "Governmental Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright -
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
SUBRECIPIENT and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material. '
2. The DOL reserves a royalty -frec, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or
subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases
ownership with grant support; and, (c) SUBRECIPIENT shall comply with the requirements of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement,
25E -33 Page 9 of 17
15. CLEAN AIR / CLEAN WATER ACT, If the grant hereunder exceeds
$100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)];
Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental
Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter
amended. Under these laws and regulations, the SUBRECIPIENT assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY 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,
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations,
16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF
CONDUCT:
a. General Assurance. Every reasonable course of action will be taken by SUBRECIPIENT in
order to maintain the integrity of this expenditure of public fiends and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial,
political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
b. Employment of Former State or CITY Employees. SUBRECIPIENT will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two (2) years following the termination of such employment,
c. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, SUBRECIPIENT.
d. Conducting Business Involving Close personal Friends and Associates. Executives and
employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can
be exerted by personal friends and associates and, in administering this Agreement, will exercise due
diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to
friends and associates. When it is in the public interest for SUBRECIPIENT to conduct business with
a friend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or
a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the
transaction will be retahaed.
e. Avoidance of Conflict of Economic Interest. No executive or employee of
25E-34 Page 10 of 17
SUBRECIPIENT elected official in the area, or voting or non - voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased
with Agreement funds will be used solely for purposes asserted or allowed under this Agreement, No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
rmermber directly represents.
f. SalgU and Bonus Limitations, All Subrecipients of WIOA program funds are required
to comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109 -149, Section 7013.
VII.
HOLD I3ARMLESS
A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
claims, resulting from or arising out of the negligent acts, errors or omission of SUBRECIPIENT, its
employees or subcontractors,
B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
SUBRECIPIENT, its employees or subcontractors.
VIII.
INSURANCE
1, Commercial General Liability, SUBRECIPIENT agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial general liability insurance
insaring the State of California, CITY, and SUBRECIPIENT against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an annount not
less than One Million Dollars ($1,000,000,00) for any injury to or death of any person or persons in
any single accident or occurrence, with $2,000,000 in the aggregate coverage. Said policy of
comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of
California, Employment Development Department, at least thirty (30) days written notice prior to
cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California,
its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to
any other coverage or self - insurance of the State of California and CITY (in substantially the form as
Exhibit 1, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a
certificate of self-insurance,
25E -35 Page 11 of 17
2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with at least
$1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned
automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned /leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants,
or agents as self - certification of automobile insurance coverage. Governmental entities may substitute
a certificate of self- insurance,
3. Workers' Compensation. I£ SUBRECIPIENT is an "employer ", as set. forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq„ SUBRECIPIENT shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification, SUBRECIPIENT shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Eguitnnent Coverage. SUBRECIPIENT shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self- insurance.
5, Youth Protection, To maintain a safe environment, funded youth providers that
serve youth mnder the age of 18 will need to provide a Youth Protection Policy and proof of Sexual
Abuse & Molestation insurance coverage of at least $2,000,000. Youth providers will be held
responsible for conducting a background clearance (live -scan) for staff that have direct interaction with
youth participants that are under the age of 18.
6. Proof of Insurance, Certificates paid endorsements must be submitted and approved by
CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
IX.
CORPORATESTATUS
All corporate SUBRECIPIENTs shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
25E-36 Page 12 of 17
None of the duties of, or work to be performed by, SUBRECIPIENT tinder this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to
this Agreement to CITY, SUBRECIPIENT acknowledges and agrees that it must follow procurement
regulations for SUBRECIPIENTs (2 CFR §200.317). No subcontract or assignment shall terminate or
alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance tinder this Agreement, SUBRECIPIENT shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited, to, 2 CPR 200 and 20 CFR, Parts 651 and 654
2. All applicable State statutes, regulations, policies, procedures and directives;
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with
such or will notify CI'T'Y after enactment or modification that it cannot so comply. CITY may
thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of SUBRECIPIENT by CITY, and contains
all the covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
X1II.
FRAUD
SUBRECIPIENT shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of fiords under this
Agreement.
25E -37 Page 13 of 17
XIV.
CONTINGENCY OF FUNDS
SUBRECIPIENT acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
I£ such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant,
B. In the event SUBRECIPIENT defaults by failing to fiilfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is
to be not less than ten (10) days after certified mailing or personal service of such notice, unless such
default is cured before the effective date of termination stated in such notice. If terminated for cause,
CITY shall be relieved of firther liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for approved expenses incurred
for services satisfactorily and timely performed prior to the mailing or service of the notice of termination,
and except for reimbursement of (1) any payments made for services not subsequently performed in a
timely and satisfactory mariner, and (2) costs incurred by CITY in obtaining substitute performance.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from SUBRECIPIENT written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and /or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, SUBRECIPIENT shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH - SANCTIONS
I£, through any cause, SUBRECIPIENT violates any of the terns mid conditions of this
Agreement, and /or prior agreements whereby grant funds were received by SUBRECIPIENT pursuant
to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes
25E -38 Page 14 of 17
disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of SUBRECIPIENT's violation. For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as SUBRECIPIENT fulfills its obligations or remedies all violations of this Agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to SUBRECIPIENT of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
P.O. Box 1988 (M -73)
Santa Ana, CA 92702
CLERK.: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 927021988
Telefacsimile (714) 647 -6956
SUBRECIPIENT: City of Santa Ana / Santa Ana Public Library
26 Civic Center Plaza, Santa Ana, CA 92702
Phone: (714) 647 -5288
Pax: (714) 647 -6913
XIX.
MERGER
This Agreement, together with the attachments' hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or tenns and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXL
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MISCELLANEOUS PROVISIONS
a.. Each undersigned represents and warrants that its signature hercinbelow has the power,
authority and right to bind their respective parties to each of die terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement,
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above- written.
ATTEST:
Maria D. Huizar
Cleric of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City
BY:
"CITY"
By:
David Cavazos
City Manager
"SUBRECIPIENT"
BY:
Name: Gerardo Mouet _
Title: Executive Director
Tax ID #: 95- 6000785
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