HomeMy WebLinkAboutRANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT (25) - 2017J \� Please return an original A-2017-343
executed agreement to
JAN n R 2018 our office (M-30/Tll)
Sub -Agreement between RSCCD and City of Santa Ana
SUB -AGREEMENT BETWEEN
RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
o: Gp A AND
CITY OF SANTA ANA
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This sub -agreement (hereinafter "Agreement") is entered into on this 9`" day offkber 2017,
between Rancho Santiago Community College District (hereinafter "RSCCD") and 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 (hereinafter "SUBCONTRACTOR"). RSCCD
and SUBCONTRACTOR may be referred to individually as a "Party" and collectively as the
"Parties" in this Agreement.
WHEREAS, RSCCD received a grant award entitled, "Community Colleges Basic Skills and
Student Outcomes Transformation Program" Prime Award #15-068-035 (hereinafter "Grant"),
from the California Community Colleges Chancellor's Office, Academic Affairs Division
(hereinafter "PRIME SPONSOR") that provides funding to competitively selected colleges for
use to adopt or expand the use of evidence -based models of academic assessment, placement,
remediation, and. student support in order to accelerate the progress of underprepared students
toward accomplishing educational and career goals.
WHEREAS, RSCCD has the right to enter into agreements with outside entities for various
services with the approval of the Board of Trustees; and
WHEREAS, SUBCONTRACTOR has agreed to participate in the purpose of the Grant
according to the terms and conditions hereinafter set forth.
NOW, THEREFORE, the Parties agree as follows:
L Statement of Work
SUBCONTRACTOR. agrees to perform the work as described in the Scope of Work (Exhibit
A), which by reference is incorporated into this Agreement. SUBCONTRACTOR. agrees to
comply with all provisions, to perform all work as set forth in this Agreement and the
aforementioned Statement of Work in a professional, timely and diligent manner.
2. Period of Performance l=1 „LOCA
The period of performance for this Agreement shall be from Oct ber,l,0; 201-7 through June
30, 201.8.
3. Total Cost
The total, cost: to RSCCD for performance of this Agreement shall not exceed $91.,906.00
USD.
4. Budget
SUBCONTRACTOR agrees that the expenditures of any and all finds under this Agreement
will be in accordance with the Project Budget (Exhibit B), which by reference is incorporated
into this Agreement.
Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant 415.068-035 Page I of 8
Sub -Agreement between RSCCD and City of Santa Ana
S. Pa men
Disbursement of funds will begin upon RSCCD's receipt of the fully executed Agreement
and a detailed invoice for the disbursement. RSCCD shall make reimbursement payments as
long as the total payments under this Agreement do not exceed the amount listed above under
Article I.3. "Total Costs".
6. Invoices
Invoices must be itemized, include the Agreement number (refer to footer), and include back-
up documentation for expenditures submitted for payment. SUBCONTRACTOR shall
submit invoices on or before the 151h day of the month following the month in which
SUBCONTRACTOR's services are performed. Final payment is contingent upon successful
completion of the Scope of Work (Exhibit A), upon receipt of a final invoice requesting
payment due by July 6, 2018, and the Project Director's certification of the final report.
Invoices should be submitted to the following address:
Rancho Santiago Community College District
Santa Ana College School of Continuing Education
Centennial Education Center
Attn.: Nilo Lipiz, Dean of Instruction & Student Services
2900 W, Edinger Avenue
Santa Ana, CA 92704
Reporting
(a) Progress Reports. Through this Agreement, SUBCONTRACTOR agrees to provide data
and submit reports consistent with the scope of Work (Exhibit A), upon request, for the
duration of the Grant.
(b) Final Reports. SUBCONTRACTOR agrees to submit a final expenditure report and a
final project report summarizing completion of the project consistent with the scope of
Work (Exhibit A). The final reports are due July 6, 2018.
(c) SUBCONTRACTOR will submit reports to the Project Director via email at
Lipiz_Nilo@sac.edu in a timely manner.
8. Expenditure of Grant Funds
SUBCONTRACTOR agrees to comply with all Grant funding requirements and that it is
solely responsible for the appropriate expenditure of all Grant funds received and for any
misappropriation or dis-allowment of Grant funds.
9. Time Extensions
RSCCD will not be requesting a time extension for program activities from the PRIME
SPONSOR. As a result, SUBCONTRACTOR will not be granted an extension. Therefore,
SUBCONTRACTOR must spend all of the funds allocated through this Agreement within
the timeframe of the Agreement, Under this Agreement, SUBCONTRACTOR will only be
reimbursed for expenses that are incurred on or prior to June 30, 2018.
10, independent Contractor
Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant # 15-068-035 Page 2 of 8
Sub -Agreement between RSCCD and City of Santa Ana
SUBCONTRACTOR agrees that the services provided hereunder are rendered in its capacity
as an independent contractor and that it is not in any way an agent of RSCCD, nor shall its
employees be entitled to any personnel benefits of RSCCD whatsoever.
11. Subcontract Assignment
Unless specifically noted in the Scope of Work (Exhibit A), none of the duties of, or work to
be performed by, SUBCONTRACTOR under this Agreement shall be sub -contracted or
assigned to any agency, consultant, or person without the prior written approval by RSCCD,
No subcontract or assignment shall terminate or alter the legal obligation of
SUBCONTRACTOR pursuant to this Agreement.
SUBCONTRACTOR shall insure that all subcontracts for services and contracted staff are
procured in a manner consistent with state SUBCONTRACTOR guidelines.
SUBCONTRACTOR shall itemize all sub -contractor and contracted staff costs in the budget
so it is clear how the funds will be allocated and spent by SUBCONTRACTOR. By entering
into this Agreement SUBCONTRACTOR agrees that it is the direct provider of the intended
services. Upon request, SUBCONTRACTOR shall submit to RSCCD copies of all sub-
contracts for services and contracted staff, and other agreements, as well as documentation
indicating the approving authority's approval, that relate to this Agreement.
12. Rules for Deliverables
(a) Any document or written report prepared in whole or in part by Parties shall reference the
funding source (Basic Skills and Student Outcomes Transformation Program) relating to
the preparation of such document or written report.
(b) All products resulting from this Agreement or its subcontracts in whole or in part shall
reference the California Community Colleges, Chancellor's Office and the specific
funding source (Basic Skills and Student Outcomes Transformation Program).
(c) All references to the project shall include the phrase, "funded in part by the California
Community Colleges, Chancellor's Office."
13, Record Keening
SUBCONTRACTOR agrees to maintain project records for possible audit for a minimum of
five (5) years after final payment or until any audit findings have been resolved, unless a
longer period of records retention is stipulated.
14. Audit
SUBCONTRACTOR agrees that RSCCD, the PRIME SPONSOR, the Bureau of State
Audits, any other appropriate state or federal oversight agency, or their designated
representative(s), shall have the right to review and to copy any records and supporting
documentation pertairiing to the performance of this Agreement. SUBCONTRACTOR
agrees to allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information related to such
records. Further, SUBCONTRACTOR agrees to include a similar right of RSCCD, the
PRIME SPONSOR, the Bureau of State Audits, any other appropriate state or federal
oversight agency, or their designated representative(s) to audit records and interview staff in
any subcontract related to the performance of this Agreement.
Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant #15-068-035 Page 3 of 8
Sub -Agreement between RSCCD and City of Santa Ana
15, nsurance
The Parties are self-insured public entities for the purposes of professional liability, general
liability and workers' compensation, Each Party warrant that through its program of self-
insurance it has adequate liability, general liability and workers' compensation to provide
coverage for liabilities arising out of the Parties performance of this contract.
16. Mutual Indemnification
Both Parties to this Agreement shall agree to defend, indemnify, and hold harmless the other
Party, its officers, agents, employees, and volunteers, from and against all loss, cost, and
expense arising out of any liability or claim of liability, sustained or claimed to have been
sustained, arising out of activities, or the performance or nonperformance of obligations
under this Agreement, of the indemnifying Party, or those of any of its officers, agents,
employees, or volunteers. The provisions of this Article do not apply to any damage or
losses caused solely by the negligence of the non -indemnifying Party or any of its agents or
employees,
17. Termination
Either Party may terminate this Agreement, with or without cause upon thirty (30) days
written notice served upon the other Party. Notice shall be deemed served on the date of
mailing. Upon termination, or notice thereof, the Parties agree to cooperate with one another
in the orderly transfer of contract responsibilities, records, and pertinent documents.
The obligations of RSCCD under this Agreement are contingent upon the availability of
State funds, as applicable, for the reimbursement of SUBCONTRACTOR expenditures, and
inclusion of sufficient funds for the services hereunder in the budget approved by the
RSCCD Board of Trustees each fiscal year this Agreement remains in effect. In the event
that such funding is terminated or reduced, RSCCD shall provide SUBCONTRACTOR with
written notification of such determination.
18. Disputes
In the event of a dispute between the Parties, the aggrieved Party shall notify the other Party
and provide a detailed description of the alleged problem. The Parties agree to use reasonable
efforts to resolve such dispute by good faith negotiations and mutual agreement. In the event
such informal resolution is not successful within a reasonable period of time, the Parties
hereby agree that such dispute will be resolved in the manner specified below.
Except as otherwise provided in this Agreement, any dispute concerning any question arising
under this Agreement shall be decided by RSCCD and/or the PRIME SPONSOR. In such a
case, the decision shall be reduced to writing and a copy thereof shalt be mailed or otherwise
furnished to SUBCONTRACTOR. The decision shall be final and conclusive unless within
thirty (30) calendar days from the mailing or delivery of such copy, RSCCD receives from
SUBCONTRACTOR a written request to appeal said decision. Pending final decision of the
appeal, SUBCONTRACTOR shall act in accordance with the written decision of RSCCD or
the PRIME SPONSOR, whichever is the final arbiter of the dispute. The handling of non-
criminal complaints, including discrimination complaints, and complaints and reports of
Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant #15-068-035 Page 4 of 8
Sub -Agreement between RSCCD and City of Santa Ana
criminal fraud, waste and abuse shall be as prescribed by the State of California, and/or the
PRIME SPONSOR, whichever is applicable, in accordance with applicable provisions of the
Code of Federal Regulations.
19. 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:
Rancho Santiago Community College District:
Primary Contact:
Nilo Lipiz, Dean of Instruction & Student Services
Santa Ana College School of Continuing Education
Centennial Education Center
2900 W. Edinger Avenue
Santa Ana, CA 92704
(714) 241-5724; Lipiz—Nilo@sac.edu
Fiscal Contact:
Peter J. Hardash, Vice Chancellor, Business Operations/Fiscal Services
2323 North Broadway, Ste. 404-1
Santa Ana, CA 92706
(714) 480-7340, Hardash_Peter@rsccd.edu
SUBCONTRACTOR:
City of Santa Ana
Primary Contact:
Carlos de Is Riva, WORK Center Director
Community Development Agency, Santa Ana WORK Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
(714) 565-2629; cdelariva@santa-ana.org
Fiscal Contact:
Susan Gorospe, Management Analyst
20 Civic Center Plaza
Santa Ana, CA 92701
(714) 647.5379; sgorospe@santa-ana.org
20. Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be
unenforceable, then the Parties agree that all other provisions of this Agreement remain in
full force and effect and shall not be affected thereby.
Agreement 4DO-17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant #15.068-035 Page 5 of 8
Sub -Agreement between RSCCD and City of Santa Ana
21. Waiver
Any waiver by RSCCD of any breach of any one or more of the terms of this Agreement
shall not be construed to be a waiver of any subsequent or other breach of the same or of any
other term. Failure on the part of RSCCD to require full, exact, and complete compliance
with any terms of this Agreement shall not be construed as in any manner changing the terms
of this Agreement, or stopping RSCCD from enforcing the terms of this Agreement.
22. Severability
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions will nevertheless continue in full force and
effect without being impaired or invalidated in any way.
23. Amendments
This Agreement may be modified or revised at any time by the. Parties as long as the
amendment is made in writing and signed by an authorized official of both Parties.
As the Agreement is contingent upon the availability of finds, and is subject to any
additional restrictions, limitations, or conditions enacted in the State Budget and/or Executive
Orders that may affect the provisions, terms, or funding of this Agreement in any manner,
RSCCD may modify this Agreement through an amendment, as needed.
SUBCONTRACTOR agrees to expend all funds in accordance with all applicable federal,
state and local laws and regulations.
24. Legal Terms and Conditions
This Agreement will be implemented in accordance with the conditions defined in the Grant
Agreement, RPA Specifications and the Grant Agreement Legal Terms and Conditions
(Articles I, eff. 05/2015 and Article II, eff. 05/2014), as set forth and incorporated into this
Agreement by reference. As the Grant is contingent upon the availability of finds, and is
subject to any additional restrictions, limitations, or conditions enacted in the State Budget
and/or Executive Orders that may affect the provisions, terms, or funding of this Agreement
in any manner, RSCCD may modify this Agreement through an amendment, as needed.
SUBCONTRACTOR agrees to expend all funds in accordance with all applicable federal,
state and local laws and regulations.
[NOTE: Articles I and II (Exhibit C) serve as a reference for the general Grant terms and
conditions. The payment and reporting terms in the Articles pertain only to RSCCD. The
payment terms and reporting requirements for the SUBCONTRACTOR are in this
Agreement under Articles 5. "Payment" and 7. "Reporting".)
25. Assurances
By signing this Agreement, the Parties certify they will comply with the Grant Legal Terms
and Conditions as outlined in Article I and Article II provided by the California Community
Colleges Chancellor's Office, as set forth and incorporated into this Agreement by reference.
By signing this Agreement, the Parties certify they will comply with state and federal
requirements for Standards of Conduct, Workers' Compensation Insurance, Participation in
Agreement #dD0.17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant 415-068-035 Page 6 of 8
Sub -Agreement between RSCCD and City of5anta Ana
Grant -Funded Activities, Non -Discrimination, Accessibility for Persons with Disabilities,
Drug -Free Workplace Certification, Intellectual Property, and Debarment and Suspension,
and will adhere to these legal standards and requirements in the performance of work related
to this Agreement.
26. Total Agreement
This Agreement, together with the attachments hereto, expresses the total understanding of
both Parties. There are no oral understandings of the Parties or terms and conditions other
than as are stated herein. No change, modification, extension, terinination or waiver of this
Agreement, or any of the provisions herein contained, shall be valid unless made in writing
and signed by duly authorized representatives of the Parties hereto. SUBCONTRACTOR
acknowledges that it has read and agrees to all terms and conditions included in this
Agreement.
IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the
terms and conditions contained herein and have caused this Agreement to be executed as of the
day that both Parties have signed the Agreement.
RANCHO SANTIAGO COMMUNITY
COLLEGE DISTRICT
Name: Peter J. Hardash
Vice Chancellor
Title: Business Operations/Fiscal Services
Date:
Board Approval Date: October 9, 2017
Recommended for approval:
Robert M. Zur ie
Interim Executive Director
Community Development Agency
SUBCONTRACTOR: City of Santa Ana
Raul Godinez 11
Name: _ City Manager
Title:
Date:
Enlployerfraxpayer Identification Number (MN)
Attorney
MAI
Maria D. Huizar
Clerk of the Council
Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant 415-068-035 Page 7 of 8
Sub -Agreement between RSCCD and City of Santa Ana
List of Exhibits
Exhibit A:
Scope of Work
Exhibit B:
Project Budget
Exhibit C:
Legal Terms and Conditions (Articles I and Article II)
Agreement #DO.17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant #15-068-035 Page 8 of 8
Sub -Agreement between RSCCD and City of Santa Ana
CITY OF SANTA ANA Exhibit A
SCOPE OF WORK
BACKGROUND
For over 20 years, the City of Santa Ana's WORK Center has demonstrated its abilities in designing,
implementing and managing a full array of workforce development programs to area residents. In 1996,
the City of Santa Ana further expanded its services by opening the Santa Ana W/0/R/K Center and later
partnering with various agencies, including the State Employment Development Department, Orange
County Social Services Agency, Department of Rehabilitation, Rancho Santiago Community College
District, Goodwill Industry and community-based organizations to ensure a comprehensive and
integrated service delivery in a One -Stop environment. These services have benefited youth, adults,
dislocated workers, and families on -aid.
In response to the Workforce Innovation and Opportunity Act's (WIOA) vision, the WORK Center is
taking a leadership role by broadening and strengthening the current network of partnerships. WIOA's
centerpiece to build a better aligned workforce system is a more holistic approach to the programs,
especially the Title I programs and the Title II adult basic education program. There are numerous
instances where WIOA either requires or facilitates better coordination between these programs. The
WORK Center's primary role is to bridge gaps and coordinate services among such partners to ensure
that job seekers are provided comprehensive services, including participant co -enrollment.
PLANNED APPROACH
The Santa Ana WORK Center, will assume the responsibility to insure that WIOA eligible students
enrolled at Santa Ana College eligible participants receive needed WIOA services. These services may
include one or more of the following services:
I, Comprehensive Assessment: This activity is designed to determine the skills, interests,
abilities, educational requirements and supportive service needs for the participants. The
assessment will be the basis for the development of an Individual Employment Plan (IEP) that
will outline the strategies required for success in the program.
2, Counseling/Case Management: This activity will insure that each participant receives
individualized attention during all aspects of the project. The Case Manager will act as liaison
with the training provider, supportive services providers and other agencies to insure that the
participant successfully completes training. The Case Manager will evaluate the, perhaps,
differing needs of the incumbent workers and dislocated workers participating in this project.
3, Supportive Services: As part of the IEP, supportive services will be identified and the
participant will receive assistance in those services. Supportive services include but not limited
to, transportation assistance, clothing assistance, assistance with tool purchases or testing fees.
Job Development/Job Creation: The Employer Services team will interact, with the local
business community. The goal is to insure that sufficient employment opportunities are created
for WIOA eligible students who are co -enroll in this program.
Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant #15-068-035 Page '1 of 1
Sub -Agreement benveen RSCCD and City of Santa Ana
PROJECT BUDGET
Exhibit B
Administrative
Cost (Not to
Exceed 10%)
Personnel Salaries
1 Workforce Specialist I1-.50 FTE
Total
Program
Cost
$37,885.00
Match/In Kind
1 Sr. Special Employment Counselor -PTE 1 $15,605.00
1 Sr. Special Employment Counselor -PTE 1 $15,605.00
Benefits
1 Workforce 5peclallst II -40 FTE $15,154.00
1 Sr. Special Employment Counselor -PTE
$1,130.00
_
1 Sr. Special Employment Counselor -PTE
$1,130.00
_—
Tota! P7sonnel SAlaries & Benefits $0.00 ; "$86,$(19:00
Ografiaig Expenses'
Rent $0,00
utilities$0.00
Phones —_
$0.00
_
Internet Fees
$0.00
—�—
Parking Fees
--
$OA0
Security
$0.00
ITMaintenance_
$0.00
Insurance
— $0.00
_
Equipment rental fees"_——
---
$0.00
Equipment rental fees*
_—
— $0.00
Vehicle lease*_$0.00
—
Office expenses (consumables) —
-- $0.00'
Accounting Services_-- -- ------
--
—$0.00
Legal Services — _ ---
Auditing_ Services$0.00
—
---
$0.00
—
Indirect Cost*
$5,397.00—
Staff Training
$0.00
_ _
Staff Conferences
—
$_0.00
_
_
Roadtrip Nation -Youth Program —
—
$0.00
Participant Wages*
$0.00
Supportive Services* — ..._-----
---
----$0.00
Participant Incentives*
Youth Conferences
$0.00
$0.00
Total Operating Expenses $0.00 ' $5,397.00 $(1.470
GRAND TOTAL 1peisonnete0peratind $0.00 ' $91,906.00 � $0.00
Agreement #DO -17-2058-01 Basic Skills Student Outcomes Transformation. Program
Grant #1.5-068-035 Page I of t
ExhiUit C
Chancellor's Office, California Community Colleges
ARTICLE
(For VTEA, FII and other grants commencing July 1st)
(Effective May 2015)
Community Colleges Basic Skills and Student Outcomes Transformation
Program
Program -Specific Legal Terms and Conditions
ARTICLE II
Standard Legal Terms and Conditions
(Effective May 2014)
Agreement 100-17-2058-01 Basic Skills & Student Outcomes Transformation Program
Grant #15-068.035 Page 1 of 1