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HomeMy WebLinkAbout25F - AGMT - STATE CA PHONE SRV REIMBURSEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 2, 2016 TITLE: AGREEMENT WITH THE STATE OF CALIFORNIA FOR TELEPHONE SERVICE REIMBURSEMENT {STRATEGIC PLAN NO. 4, 1} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with the State of California, Employment Development Department, to reimburse the City for telephone service costs, in an amount not to exceed $35,192, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The State of California, Employment Development Department (EDD), shares office space at the Santa Ana WORK Center and also utilizes the city -owned telephone system. This agreement reimburses the City for the monthly telephone service charges and actual long distance and toll charges incurred by the EDD staff. The agreement term will be for two years from July 1, 2016 through June 30, 2018 in the amount of $35,192. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #4 - Fiscal Sustainability, Objective #1 (Maintain a stable, efficient and transparent financial environment). FISCAL IMPACT Funds will be deposited into the WORK Center's One Stop Program Communications account (no. 12318751 - 62010). 25F -1 Agreement to Reimburse August 2, 2016 Page 2 R ert C. ort Telephone Service Special Assistant to the City Manager City Manager's Office DS /sb Exhibit: 1. State of California Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 STATE OF CALIFORNIA STANDARD AGREEMENT STD. 213 (Rev GOAM) AGREEMENT NUMBER f k,- 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCYS NAME Employment Development Department COMPACTORS NAME City of Santa Ana Work Center 2. The term of this Agreement is: July 1, 2016 through June 30, 2018, or upon final approval. 1 The maximum amount $35,192.00 of this Agreement is: Thirty Five Thousand One Hundred Ninety Two Dollars and No Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A Scope of Work 1 Page Attachment A -1 Specifications 1 Page Exhibit B Budget Detail and Payment Provisions 1 Page Attachment B -1 Budget Detail 1 Page Attachment B -2 Contract Rate Sheet 1 Page Exhibit C " General Terms and Conditions GTC 610 Exhibit D Special Terms and Conditions 1 Page ( s5hilainij City A4terney items hown with an Asterisk(), are hereby incorporated by reference and made part of this Agreement as if attached hereto. These documents can be viewed at www. dgs. ca. govloislResourceslStandardGontractLanguage .aspx IN WITNESS reement has been executed by the hereto. CONTRACTOR — ODNTRACTOR'S NAAAE Rfoiher than an individual, atala whether a corpvalion, partneishlp, eta.) City of Santa Ana Work Center — ____ BY lAuthorimd Sigmvnxa) DATE SIGNED (na 1VbPe) PRINTED NAME AND TITLE OF PERSON SIGNING David Cavazos, City Manager ADDRESS 1000 E Santa Ana Blvd Suite 200, Santa Ana, CA 92701 — STATE OF CALIFORNIA — - — — AGENCYNAME Employment Development Department BY lAUthwiietl Synah+rn) DATE SIGNED (Uonot lypc) PRINTED NAME AND TITLE OF PERSON SIGNING Xochitl Montano, Manager, Contract Services Group ADDRESS 722 Capitol Mall, MIC 62 -C, Sacramento, CA 95814 -- — . _......._... - - -- - -- California Department of General Services use Only [X] Exempt per: DGS Exemption Letter No. 54.4 EXHIBIT A (Standard Agreement) SCOPE OF WORK EDD Agreement No. M7103008 EDD /City of Santa Ana Page 1 of 1 1. This Agreement Is entered into by and between the Employment Development Department, hereinafter referred to as EDD, and the City of Santa Ana, hereinafter referred to as Partner, for the purpose of reimbursing the Partner for the EDD's share of the telephone service costs at the Santa Ana One -Stop Career Center located at 1000 Santa Blvd in Santa Ara, CA. The EDD is co- located at this site under the Workforce Investment Act mandate. 2. The services shall be reimbursed in accordance with Attachment A -1, Specifications, Attachment B -1, Budget Detail Sheet and Attachment B -2, Contract Rate Sheet. 3. The project representative during the term of this Agreement will be: State Agency Employment Development Department Ana Martini 1000 E. Santa Ana Blvd. Suite 103 Santa Ana, CA 92701 Phone: (714) 565 -2680 Fax: (714) 558 -4664 Contractor City of Santa Ana Deborah Sanchez 1000 E. Santa Ana Blvd. Suite 200 Santa Ana, CA 92701 Phone: (714) 595 -2621 Fax: (714) 565 -2602 25F -4 EDD Agreement No. M7103008 EDD /City of Santa Ana Page 1 of 1 ATTACHMENT A -1 (Standard Agreement) SPECIFICATIONS The EDD agrees to utilize the Partners telephone services at the Santa Ana County One -Stop Career Center located at 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, CA 92701. The term of this Agreement shall be July 1, 2016 through June 30, 2018 or upon final approval. The total amount of the fiscal and variable telephone services charges of this Agreement shall not exceed Thirty Five Thousand One Hundred Ninety Two Dollars and No Cents ($35,192.00). See Attachment B -1, Budget Detail Sheet. The contract amount is based on the estimated cost of service as shown in Attachment B -2, Contract Rate Sheet. Telephone Service Scenarios The EDD staff will utilize the Partner (Career Center) telephone services. The partner agrees to provide the EDD staff with proprietary telephone system instruments attached. Telephone services shall include, instrument, installation, cross connects, dial tone access, long distance access, programming, voicemail, maintenance, and shared incoming trunk cost. The partner agrees to coordinate the specific line appearance and ring programming of the EDD staff telephone instruments with the EDD Voice Operations Unit and the local office manager. EDD staff instruments shall restrict 900, 976, 3'd party, caller ID, and international calls. The Partner agrees to perform Moves, Adds, and Changes, (MAC's) to EDD assigned system instruments. The Partner also agrees to perform MAC's for peripheral EDD lines and instruments not connected to the partner telephone system. Peripheral lines are identified as fax, modem, Unemployment Insurance direct connects, etc. The Partner agrees to invoice the Department, in arrears, for applicable one -time charges. The Partner agrees to invoice the Department (EDD) monthly in arrears for the agreed upon ongoing telephone service charges, and, actual long distance and toll charges incurred by the EDD staff using the partner telephone system. Long distance and toll charges shall be itemized by station number in a monthly cost accounting report that will be made available to the EDD manager. 25F -5 EDD Agreement No, M7103008 EDD /City of Santa Ana Page 1 of 1 EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment a) The total amount of this Agreement shall not exceed Thirty Five Thousand One Hundred Ninety Two Dollars and No Cents ($35,192.00). b) Invoices may be submitted monthly in triplicate, in arrears, and must reference the EDD Agreement Number M7103008, and shall be forwarded to: Employment Development Department Attention: Ana Martini, Operation Manager EPM II 1000 E. Santa Ana Blvd Suite 103 Santa Ana, CA 92701 2. Budget Contingency Clause It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and /or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner. The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. The EDD has the option to terminate the Agreement under the 30 -day termination clause or to amend the Agreement to reflect any reduction of funds. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code § 927, et seq. 25F -6 �¢o din Q. � a � V UW O W i; y ' J W GO), F0 � � W ro p t � � W v 25F -7 � I to I �� � � 1. � i I•-N I i 0- O `O N �F :M GM1 IL m C D t0 r I .0 O° N C O C c C � E 'y � iV ti eq I ¢I N pia N 0 0 I t Vi V C G4 � U m } W zp o OOO t`5 to . W4 O O N }}- UW N d �. cb m tp �o i o 0 O IL to lz 1-W o 000 �tio i C-c R fA F- N N � 9D y , V W aNO pNp to j N cq n Sit n N H M J i N m 0 ra e» vi m p iz u4 i i I I I lc o' --� I d w = o v ¢ D d o 4 O } E N O ri I 6 to 0 0 O m W N C to C fYi C VI L (n N (4 q 0 (oo o FW^ N N N N LOW)! O I� I 25F -7 ATTACHMENT B -2 (Standard Agreement CONTRACT RATE SHEET SANTA ANA ONE -STOP Item Basic rate for phone service including line, Equipment, Voice mail and EDD's share of DID and Pt -to -Pt circuits. Long distance and toll charges including incoming and outgoing calls. Moves, Adds, and Changes (Technician) City of Santa Ana as of 4/14/2016 Page 1 of 1 25F -8 EDD Contract No. M7103008 EDD /City of Santa Ana Page 1 of 1 Monthly Cost $31.00 per line Actual cost varies monthly and is billed in arrears. $ 85 /hr, Including equipment EDD Agreement No. M7103008 EDD /City of Santa Ana Page 1 of 1 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Settlement of Disputes In the event of a dispute between EDD and the Partner over any part of this Agreement, the dispute may be submitted to non - binding arbitration upon the consent of both EDD and the Partner. An election for arbitration to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. 2. Workforce Innovation and Opportunity Act MON Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR, Part 37. 3. Termination Clause This Agreement may be terminated by EDD by giving written notice to the Partner 30 days prior to the effective date of such termination. 4. Agency Liability The Partner warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Partner for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 5. Force Maieure Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war (e.g., riots and strikes) and acts of God (e.g., earthquakes, floods, and other natural disasters) such that performance is impossible. 25F -9 25F -10