HomeMy WebLinkAboutUC IRVINE, CONTINUING EDUCATIONiji RANCE ON FILE
DocuSign Envelope WOME "OMI4054-A48CA DF6MC4895
UNTIL INSURANCE EXPIRES
51
CLERK OF COUNCIL
GATE,
GSA U) (SancA AGREEMENT FOR WORKFORCE TRAINING
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A-2020-194-21
THIS SUBAWARD AGREEMENT, made and entered into this 1st day of May y
2021, 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
o The Regents of the University of California, for UC Irvine, Continuing Education a California
corporation identified by the assigned Data Universal Numbering System (DUNS) Number 04-
cA 670-5849_("CONTRACTOR").
RECITALS:
A. CITY has been designated a Local Workforce Development Area (LWDA)
under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("WIOA"
or "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 LWDA to administer the Act
programs operated by the State of California pursuant to the Act.
C. As a LWDA, CITY is entitled to receive federal funds to establish programs
to increase the employment, retention and earnings 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. Under WIOA,
participants in need of training services may access career training through a list of state -approved
schools and their training programs.
D. In addition to WIOA, the CITY received funding from the Orange County
Social Services Vocational Training grant funded through the California Work Opportunity and
Responsibility to Kids Act of 1997, which provides monies for the basic needs of families with
children ("CalWORKS" or "SSA"). An important component of CalWORKs allows for the
provision of employment services for parents. Heads of households are provided job training
services to help families upgrade job skills with the ultimate goal of self-sufficiency.
E. The City intends to utilize the WIOA and SSA Grant Funds to operate a
Workforce Training Program in which vocational training courses will be made available to
Qualified Participants. Pursuant to the Workforce Training Program, the City desires to contract
with public and private organizations, including employers, who are qualified to participate in the
City's Workforce Training Program by providing services to Qualified Participants (each, a
"Qualified Contractor").
F. CONTRACTOR is a Qualified Contractor that has been selected as one of
several vendors that qualified to provide workforce training under the Workforce Training
Program.
G. CONTRACTOR represents that it is knowledgeable in its field, and is
willing to provide workforce training services under the Workforce Training Program pursuant to
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applicable federal and California laws.
H. The CITY and CONTRACTOR (each, a "Party" and jointly, the "Parties")
desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds
of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for
Contractor's participation in the City's WIOA and/or SSA Programs and provision of services to
Qualified Participants upon the request of the City.
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,
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1.
CONTRACTOR'S OBLIGATIONS
A. In compliance with all of the terms and conditions of this Agreement,
CONTRACTOR shall provide the Contractor's Services, as authorized by the City's
Representative. Contractor represents and warrants that Contractor's Services to be provided
hereunder shall be performed in a competent, professional and satisfactory manner in accordance
with the City's Workforce Training Program.
B. CONTRACTOR 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 this Agreement.
C. CONTRACTOR acknowledges and agrees that City shall request that
Contractor provide the Contractor's Services on an "as requested" basis and that City does not
guaranty a minimum number of Qualified Participants for whom Contractor's Services shall be
requested and required under this Agreement. Contractor acknowledges and agrees that Contractor
shall not commence to provide Contractor's Services to a particular Qualified Participant hereunder
unless and until Contractor receives a Notice to Proceed from the City authorizing the provision
of Contractor's Services to that particular Qualified Participant. Contractor further acknowledges
and agrees that this Agreement and any request for the provision of services hereunder is
nonexclusive and that the City may enter into similar agreements with other entities for the
provision of similar services.
D. Time is of the essence in the performance of this Agreement. CONTRACTOR
shall perform and complete all of CONTRACTOR's Services in a timely and expeditious manner.
Contractor shall not be responsible for delays caused by circumstances beyond its reasonable
control, provided that CONTRACTOR has delivered to the City written notice of the cause of any
such delay within ten (10) days of the occurrence of such cause.
E. Scope of Services. On an as -needed basis, and at the sole discretion of CITY,
CONTRACTOR shall perform the services that are described in Exhibit A. The Scope of Services
shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by
this reference as though fully set forth herein. In the event of any inconsistency between the terms
of such proposal and this Agreement, the terms of this Agreement shall govern. When the need
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for services arise, CITY may initiate services through use of a Letter Agreement for a specific
workforce training, including a copy of the course description, executed by the Executive Director
of the Community Development Agency and the CONTRACTOR. Work by the CONTRACTOR
may not proceed absent this fully executed Agreement and separate Letter Agreements for specific
Qualified Participants.
F. Compliance with Law. CONTRACTOR's Services shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and
any Federal, State or local governmental agency of competent jurisdiction.
U. h.O1V TRr"HC T V1C Shall VULa111, al h.011UMAVI S sUle CUSL 'and expense, such
licenses, permits and approvals as may be required by law for the performance of
CONTRACTOR's Services. CONTRACTOR shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed by law and
which arise from or are necessary for the performance of the services required by this Agreement
H. CONTRACTOR shall adhere to all applicable Labor Standards.
I. I£ funding is through WIOA, CONTRACTOR agrees to comply with the
"Complaint Handling Procedures Under the WIOA", attached hereto as Exhibit H and
incorporated herein as though fully set forth in 20 CFR 658.411. CONTRACTOR 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
CONTRACTOR. CONTRACTORS 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.
J. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR 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.O. 11375 and
supplemented by the requirements of 41 CPR 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.
K. CONTRACTOR agrees that no participant(s) shall commence training prior
to the approval of funding pursuant to Section 123 of the Act, or the approval of SSA funding, as
applicable.
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L. CONTRACTOR agrees to the following accounting, monitoring, auditing,
and review requirements:
1. CONTRACTOR 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 CONTRACTOR'S services
or activities, costs or other data, including but not limited to Participants' attendance and
certifications.
2. 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 CONTRACTOR'S activities, performance, and Participants related to this
Agreement. Such agencies or representatives shall also schedule on -site monitoring at 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
CONTRACTOR 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.
3. In the event CONTRACTOR does not make the above -referenced
documents available within the City of Santa Ana, California, CONTRACTOR 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.
4. All accounting records and evidence pertaining to all costs of
CONTRACTOR and all documents related to this Agreement shall be kept available at the
location where CONTRACTOR 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, clauns, 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.
M. Without prejudice to any other section of this Agreement, CONTRACTOR
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, CONTRACTOR 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
CONTRACTOR, costs incurred and services rendered hereunder.
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N. CONTRACTOR 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.
O. If funding is through WIOA, CONTRACTOR shall comply with the
provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget
(OMB) and all other applicable federal statutes and executive orders and their implementing
regulations, including regulations at 29 CFR Part 97.
P. If funding is through WIOA, CONTRACTOR shall comply with the
requirements of federal regulations found at 29 CFR Part 93s, 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. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR under the terms and conditions of this
Agreement.
Q. CONTRACTOR 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.
R. CONTRACTOR, 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. CONTRACTOR agrees to comply with all applicable provisions of the Actor
SSA, as applicable, 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. If funding is through WIOA, CONTRACTOR agrees to remain in
compliance with the Certification Regarding Debarment, attached hereto as Exhibit F and
incorporated herein by reference, as required by the regulations implementing Executive Order
12549, Debarment and Suspension, (2 CFR Part 180).
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U. If funding is through WIOA, CONTRACTOR 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. CONTRACTOR acknowledges that the official name for the statewide
system of providing employment and training through the WIOA partnerships, SSA, and various
other local programs is "America's Job Center". To achieve the goals of this Workforce Training
Program, 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". CONT'IRACTOR 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 or SSA funds. When the America's Job Center logo is used, CONTRACTOR may
accompany it with the following statement, "The (CONTRACTOR) is a proud partner of the
America's Job Center network". CONTRACTOR 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 July 1, 2020 the CITY was awarded a Department of Labor Workforce
Innovation and Opportunity Act grant of $1,260,082.00 for fiscal year 2020-2021. In addition, on
July 1, 2020, the CITY was awarded an Orange County Social Services Vocational Training grant
through the California Work Opportunity and Responsibility to Kids Act of 1997 in the total
amount of $1,677,928.00 for fiscal year 2020-2022. A portion of both grants in a total amount not
to exceed $2,000,000.00 shall be available to all Qualified Contractors to provide workforce
training classes for Qualified Participants.
B. If a Qualified Participant chooses to enroll in a course offered by
CONTRACTOR, CITY agrees to pay to CONTRACTOR when, if and to the extent WIOA or
SSA funds are received under the provisions of the applicable grants, in accordance with the
Course Costs attached hereto as Exhibit B and incorporated herein by reference, which may be
amended during the period of this Agreement. Said sum shall be paid with either WIOA or SSA
funds, as determined by the CITY in its sole discretion, after CITY receives invoices submitted by
CONTRACTOR as provided herein.
C. CONTRACTOR has the ability to adjust line item amounts in the Course
Costs with the approval of the Executive Director.
D. CITY agrees to provide for on -site monitoring reviews of the Workforce
Training Program operation at least annually. In addition, monthly desk -top reviews of pertinent
information will be conducted.
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E. CITY has the right to de -obligate the funds hereunder, and take such funding
back from CONTRACTOR, due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
III.
COMPENSATION
A. CITY neither warrants nor guarantees any minimum or maximum
compensation to CONTRACTOR under this Agreement. CONTRACTOR shall be paid only for
0.4LU0.1 services rl G11V3111GU U33UG1 L111J A61GG111G11L 0.L Ml lalMD U11U WlM ,'MJ lUli11L111MU 1111bALlIJ1L L.
Any compensation payable to CONTRACTOR shall be paid from a portion of the above -
referenced WIOA and/or SSA grants awarded to the City in a total amount not to exceed
$2,000,000.00.
B. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
IV.
TERM OF AGREEMENT
A. This Agreement shall commence on the date stated above and continue
through dune 30, 2023, with a one-year option to renew executable by the CITY in its sole
discretion, unless terminated earlier by either party. The one-year option may be executed, or the
Term of this Agreement may be further extended, by a writing executed by the City Manager and
the City Attorney.
B. Unless the CITY authorizes an extension, CONTRACTOR most 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 teams and conditions of the Federal award,
as applicable.
IV.
INDEPENDENT CONTRACTOR
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.
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V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR 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 CONTRACTOR maintains itself as an Equal
Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all
applicable federal and state laws and regulations, including, but not limited to the Performance
Indicators attached hereto as Exhibit C and incorporated herein by reference, 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. CONTRACTOR also assures and certifies that:
1. CONTRACTOR 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 from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under this
Agreement.
2. CONTRACTOR shall comply with any and all federal laws limiting
the political activity of employees hired under this Agreement.
3. CONTRACTOR shall comply with the requirements that no
program under the Act shall involve political activities.
4. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as
well as the WDB 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.
5. No person with responsibilities in the operation of any program
under the Workforce Training Program shall discriminate with respect to any program participant
or any application for participation in such program because of race, creed, color, national origin,
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sex, political affiliation or beliefs.
6. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
7. CONTRACTOR shall comply with general provisions, assurances,
and execute the Assurances and Certifications attached hereto as Exhibit G and incorporated
herein.
8. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR 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 Development 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."
9. Any tools and/or equipment furnished to the CONTRACTOR by the
CITY and/or purchased by the CONTRACTOR 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 tennination of this Agreement, CONTRACTOR
will immediately return such tools and/or equipment to the CITY or dispose of them in accordance
with the direction of the CITY.
10. CONTRACTOR 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.
11. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR 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 35) as any may now exist or
be hereafter amended. Under these laws and regulations, the CONTRACTOR 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.
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12. CONTRACTOR agrees to adhere to the following STANDARDS
OF CONDUCT:
a. General Assurance. Every reasonable course of action will be taken by
CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid
favoritism. This Agreement will be administered in an impartial manner, free from errors to gain
personal, financial, political gain. CONTRACTOR, 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. CONTRACTOR 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 CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
d. Conducting Business Involving Close Personal Friends and Associates. Executives and
employees of CONTRACTOR 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 CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, 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
CONTRACTOR elected official in the area, or voting or non -voting member of a WDB, 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 CONTRACTOR 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 WDB 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. If CONTRACTOR receives WIOA funds,
CONTRACTOR is required to comply with federal requirements regarding the limitations on
salary and bonus payments in accordance with Public Law 109-149, Section 7013.
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VII.
HOLD HARMLESS
A. CONTRACTOR 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, but only in proportion to and to the extent resulting from
or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or
subcontractors.
B. CONTRACTOR 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, but only in proportion to and to the
extent resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its
employees or subcontractors.
VHL
INSURANCE
1. Commercial General Liability. CONTRACTOR agrees to obtain and keep
inforce during the term of this Agreement the program of self-insurance described at
https://www.ucop.edu/risk-services-insurance/ files/certificate-of-insurance/uc-generic-cert-of-
self-insurance-2020-21.pdf, in full satisfaction of the requirements of this Section.
2. Workers' Compensation. If CONTRACTOR 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., CONTRACTOR 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 Participants shall not be deemed employees of
Contractor nor covered by medical and accident insurance by Contractor.
3. Proof of Insurance. Certificates and endorsements must be submitted and
approved by CITY prior to any work under this Agreement. CONTRACTOR understands that
CITY will make no payments under this Agreement until the required certificates and
endorsements have been approved by CITY.
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IX.
CORPORATE STATUS
CONTRACTOR shall be in good standing, without suspension by the California
Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate
status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this
Agreement shall be subcontracted or assigned to any agency, consultant, or person without the
prior written consent of CITY. Contractor's use of independent contractors to provide
instructional services shall not be deemed subcontracting hereunder. CONTRACTOR
must submit all subcontracts and other agreements that relate to this Agreement to CITY. If
receiving WIOA funds, CONTRACTOR acknowledges and agrees that it must follow
procurement regulations for contractors (2 CFR §200.317). No subcontract or assignment shall
terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
If receiving WIOA funds, 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 statues, 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, CONTRACTOR will comply
with such or will notify CITY after enactment or modification that it cannot so comply. CITY
may thereupon terminate this Agreement, if necessary.
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DocuSign Envelope ID: A2EA8056-551F-4254-A48C-1DF6CFBC4B95
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 CONTRACTOR 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 CONTRACTOR.
XIII.
FRAUD
CONTRACTOR 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.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and WIOA and/or SSA 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 CONTRACTOR. Within twenty (20) days of receipt of such notice,
CONTRACTOR 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, CONTRACTOR may not terminate this Agreement if undue hardship will result to any
participant.
B. In the event CONTRACTOR 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
CONTRACTOR, 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 farther 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
Page 13 of 17
Docu5lgn Envelope ID: A2EA8056-557F-4254-A48C-1DF6CFBC4895
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 furnish a copy thereof to CONTRACTOR. The
decision of the City shall be final and conclusive unless within thirty (30) calendar days from the
mailing or delivery of such copy, MY receives from CONTRACTOR written request to appeal
said decision.
If receiving WIOA funds, 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, CONTRACTOR shall act in
accordance with CITY's decision unless the dispute involves a change order.
XVII.
BREACH -SANCTIONS
If, through any cause, CONTRACTOR violates any of the terns and conditions of
this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR
pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report
makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay
CITY all amounts due CITY as a result of CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR has failed to repay same or a repayment schedule has not been made;
and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such
termination in accordance the notice provision in Paragraph XVIII herein below.
Page 14 of 17
DocuSign Envelope ID: A2EA8056-551F-4254-A48C-1 DF6CF8C4695
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, WDB Administrative Office
P.O. Box 1988 (M-76)
Santa Ana, CA 92 702
CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax (714) 647-6956
CONTRACTOR: Office of the Dean, Continuing Education
University of California, Irvine
510 E. Peltason Drive
Irvine CA 92697
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.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
Page 15 of 17
DocuSign Envelope ID: A2EA8056-551 F-4254-A48C-1 DF6CF8C4B95
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.
{Signatures on followingpage]
Page 16 of 17
DocuSign Envelope 10: A2EA8056-551 F-4254-A48C-1DF6CF8C4B95
A-2020-194-21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First
above -written.
eve
^ 1'r
Clerk of Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City
0
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
"CITY"
By:
Kristine Midge
City Manager
"CONTRACTOR"
Signed in counterpart
By:
Name:
Title:
Tax ID #:
Page 17 of 17
DocuSlgn Envelope ID: A2EA8056-551F-4254-A48C-1DF6CF8C4Bg5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above -written.
ATTEST:
Signed in counterpart.
Daisy Gomez
Clerk of the Council
Sonia R. Carvalho
City Attorney
ME
Signed in counterpart.
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Signed in counterpart.
Steven A. Mendoza
Executive Director
Community Development Agency
"CITY"
Signed in counterpart.
By:
Kristine Ridge
City Manager
"CONTRACTOR"
�tD ( D..uuftneed by:
I IM` N�A�4]aNN4L
By: cD4eaai5gnnn
Name: snehal Bhatt, chief Procurement officer
Title: 4/8/2021 tor, Procurement Services
Tax ID #:
95-2226406
EDloocculSSyllgned by:
Kbu
BDEIFUDE47435—
Robert Rude, Assistant
Education
4/8/2021
Dean, continuing
Page 17 of 17
Catalog link https://ce.uci.edu/
EXHIBIT A & B
Scope of Service & Course Cost
EXHIBIT C
Employment �-�-,
l7eveloprnen, I N F O R. IVI A T I N N T I C E
Department Date: June 4 2020 Number: WSIN19-48
State of California Expiration Date: 07/04/2020
STATE NEGOTIATED PERFORMANCE GOALS PY 2020 and 2021
The Workforce Innovation and Opportunity Act (WIOA) Section 116(b) requires the state to
reach an agreement with the US Department of Labor (DOL) on state -level performance goals
for the Wagner-rreyser, and WIOATitle its Adult, Disiocated Worker, and Youth programs every
two years.
In May 2020, the state negotiated the performance goals with the DOL for Program Years (PY)
2020 and 2021 using the Statistical Adjustment Model (SAM) as a baseline.
PY 2020 and PY 2021 Negotiated Performance Goals
Indicators
Adults
Dislocated
Youth
Wagner -
Workers
Peyser
Employment Rate 2nd
Quarter After Exit
(Includes placement in
67.0%
71.9%
71.0%
61.4%
education for Youth
Employment Rate 4th
Quarter After Exit
66.0%
72.5%
71.0%
62.0%
(Includes placement in
education for Youth
Median Earnings 2nd
$6,000
$8,070
$3,490
$6,689
Quarter After Exit
Credential Attainment
60.0%
60.0%
60.0%
N/A
Measurable Skill
50.0%
50.0%
56.4%
N/A
Gains
The Employment Development Department will negotiate levels of performance for five of the
WIOA primary indicators of performance with Local Areas for PY 2020 and PY 2021.
The state will take into account the following factors when negotiating performance goals with
the Local Areas:
The EDD is an equal opportunity employer/program. Auxiliary aids and services
are available upon request to individuals with disabilities.
Page 1 of 2 50:187
EXHIBIT C
• How the levels involved compare with the negotiated levels of performance established
for the state.
• Ensure that the negotiated levels account for the economic conditions and the
participant characteristics based on the SAM.
• The levels involved promote continuous improvement of the indicators of performance.
For more information on the Performance Negotiation process, please review the Workforce
Services Directive State Level Performance Goals and Local Area Negotiations (WSD19-11 PDF).
If you have questions related to this information, contact the Program Reporting and Analysis
Unit at wsbmanageperformance@edd.ca.gov.
/s/ JAIME L. GUTIERREZ, Chief
Central Office Workforce Services Division
Page 2 of 2
DocuSlgn Envelope ID: 77FED5D6-050B-4DCD-9D9B-10B5BB3C9571
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to ally perSGii in ir1fliteii Ciiiy Gr atteiiiptiily tG iiifii VllUU an
officer or employee of any agency, a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in
accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including agreements) and
that all subrecipient's shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure occurring on or
before October 23, 1996, and of not less than $11,000 and not more than $110,000 for
each such failure.
The Regents of the university of California on behalf
of UC Irvine continuing Education
Organization Program Title
I iel Qt-
Robert Rude
Name of Certifying Official Signature
EXHIBIT D
DocuSign Envelope ID: 77FED8D6-050B-4DCD-9D9B-10B5BB3C9571
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is
placed by the U.S. Department of Housing and Urban Development in awarding
the grant. If it is later determined that the contractor knowingly rendered a false
certification, or otherwise violates the requirements of the Drug -Free Workplace
Act, the U.S. Department of Housing and Urban Development, in addition to any
other remedies available to the Federal Government, may take action authorized
under the Drug -Free Workpiace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the contractor's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees
about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a)
that, as a condition of employment under the contract, the employee
will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for
a violation occurring in the workplace no later than five days
after such conviction.
4NOR _ ]"
DocuSign Envelope ID: 77FED8D6-050B-4DCD-gD9B-10B5BB3C9571
(e) Notifying the U.S. Department of Housing and Urban Development
within ten days after receiving notice under subparagraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
I u1.111y upprvpriu Lc NcrSviinci ua.uvn ugainaL 0uc1 1 aii
employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement,
or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free
workplace through implementation of paragraphs (a), (b), (c), (d), (e)
and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out
with the grant funds (including street address, city, county, state, and zip
code) .the contractor further certifies that, if it is subsequently determined
that additional sites will be used for the performance of work under the
contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by
submitting a revised "Place of Performance" form.
D... Signed by:
4/21/2021 610u� rV ,
BDEIFB4E3E47435...
Date Program Operator Signature
EXHIBIT E
DocuSign Envelope ID: 77FED8D6-050B-4DCD-9D9B-10B5BB3C9571
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE
REQUIREMENTS
Robert Rude, Assistant Dean, continuing Education
Name: The Regents e:P the s:lty Gf Gal fornia on behalf The university
Name of Contractor: of California, Irvine Division of Continuing Education
Contractor Number:
Date: 4/21/2021
The Contractor shall insert in the space provided below the site(s) expected to be
used for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each
site):
510 E. Peltason Drive, Irvine, CA 92697
Address
EXHIBIT E
DocuSlgn Envelope ID: 77FED8D6-050B-4DCD-9D9B-10B5BB3C9571
Certification Regarding
Debarment, Suspension. Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were
published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211).
(Before completing certification, read instructions which are an integral part of certification)
1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief,
that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction
or contract under a public transaction; violation of federal or state antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
malting false statements, or receiving stolen property.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (federal, state or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
cer gAtJW.,,Wch prospective participant shall attach an explanation to this proposal.
oil AAk
Grantee/Contractor Organization
Robert Rude, Assistant Dean, Continuing Education
Name and Title of Official Authorized to Certify
On Behalf of the Grantee
4/21/2021
Date
EXHIBIT F
DocuSign Envelope ID: 77FED6D6-050B-4DCD-9D9B-10B5BB3C9571
INSTRUCTION FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous whom submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction", "debarment', "suspended", "ineligible", "lower tier covered
transaction", "participant', "person", "primary covered transaction", "principle", "proposal", and
"voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lowertier
covered transaction with a person who is debarred, suspended, declared ineligible, orvoluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will
include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily
excluded from the covered transaction unless it knows that the certification is erroneous.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render In good faith the certification required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
EXHIBIT F
DocuSign Envelope ID: 77FED8D6-050B-4DCD-9D9B-10B5BB3C9571
Assurances & Certifications
Selected providers will be required to sign and submit "actual" assurances and certificates as required by
the City of Santa Ana and the Workforce Development Board on all contracts.
I recognize that I must give assurances for each item below. Please initial each box indicating you have
read and are providing assurance you are or will be in compliance with the following:
RSAWDB uses the Ca1JOBs ETPL Module for accepting applications from the providers to be listed
..n the ETPL. L.- 1eard3 ...ay "wvIIZC singic iwai beard tG ." eu uicir bchaif in iiiakirtg
determinations for initial and/or subsequent eligibility of providers. Contractors must enter program(s)
of training services into CalJOBS. The training provider should only enter the prograni(s) desired to
be on the CA ETPL. If the program is offered with multiple modes of delivery, or course lengths, the
program must be entered separately for each variation.
LD6
K; SAWDB has authorized the South Bay WDB to make initial and subsequent eligibility determinations
for applications submitted from providers. Contractors should contact the South Bay WDB 11539
Hawthorne Blvd., 5' Floor, Hawthorne, CA 90250, 310-970-7700.
�DS
CONTRACTOR is required to be in compliance with South Bay WDB Master agreement and
�- SAWDB agreement.
CIn cases where South Bay WDB has denied a provider's application, provider may submit the
application to SAWDB for consideration and processing at 801 W. Civic Center Dr, #200, Santa Ana,
CA 92701 ATTN: SAWDB Staff. The submission must include completed ETPL training program
applications and a copy of the letter from the South Bay WDB denying application.
F_r Local boards may establish local policies requiring performance above the state minimum standards
for providers to be included on the ETPL.
EAcceptance and processing of an application does not constitute an agreement or relationship between
the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB.
Applications will be process on an ongoing basis.
D
CONTRACTOR must be in compliance with the State and Federal regulations, per Workforce
Innovation and Opportunity Act (WIOA) Eligible CONTRACTOR List Policy and Procedure
WSD15-07 or it's replacement.
CDS� CONTRACTORS must also meet one of the following criteria in order to have their programs
listed on the ETPL:
1) Bureau of Private Postsecondary Education Approval to Operate, or Verification of
Exemption by BPPE.
EXHIBIT G
DocuSlgn Envelope ID: 77FED8D6-059B-4DCD-9D9B-19B5BB3C9571
2) Accreditation by the Accrediting Commission for Senior Colleges and Universities, WASC,
or the Accrediting Commission for Community and Junior Colleges, CSU, UC, and other
WASC accredited institutions. This accreditation can be verified at: www.accic.org/ or
www.wascsenionore/.
3) Postsecondary institutions eligible under Title IV of the Higher Education Act (HEA) and
offering programs leading toward an associate degree, baccalaureate degree, or certificate.
4) Approval by the California Department of Education.
5) Approval by the Chancellor's Office of the California Community Colleges (CCCCO).
rDS
' Ilan
�6J CON '1tCAC1'UR must reappI to be considered Ior subsequent approval on the ETPL and agrees to
F
provide the required performance and cost information data.
CONTRACTOR must annually meet the state's minimum performance standards, however the
SAWDB may set higher levels. Public Postsecondary Community Colleges, CSUs, and UCs are
required to provide performance information for consideration of placement on the CA ETPL, but due
to heavy state oversight, investment, and the inability to capture true program outcome data, these
institution types are not required to meet a specific performance threshold to be listed on the CA ETPL.
C� CONTRACTOR's BPPE accredited shall provide a copy of the provider's BPPE Annual Report (the
Performance Fact Sheet) to document their achievement of the performance criteria if applicable.
ALL Training on the ETPL must be for occupations in in -demand industry sectors identified by the
rrrr state, regional or local workforce development boards. LAll Training on the ETPL must provide training services that lead to an industry -recognized credential,
national or state certificate, or degree, including all industry appropriate competencies, licensing
and/or certification requirements.
ErCONTRACTOR understands that all performance data and data submitted on the ETPL must be made
available for data verification by the SAWDB or the State EDD office.
Cs CONTRACTOR must maintain all the relevant records utilized to support the data submitted on ETPL
for audit or monitoring purposes by the SAWDB or the State EDD office.
LrrE CONTRACTOR that claim an exemption to BPPE (Section 94874 of the BPPE Act), must apply
and receive a "Verification of Exemption" before being listed on the ETPL. Since it has been
determined that any expenditure of public funds, state or federal, that directly benefits a student to be
N� student financial assistance, we expect that instances of exemption will be very rare.
CCONTRACTOR must have all considered training programs listed with the BPPE, the SAWDB may
verity the data that was submitted to BPPE.
LAll new and current CONTRACTOR will be required to be registered in CalJOBSs" and must have
b� all considered training programs listed with the BPPE match on CalJOBS.
CFN
All CONTRACTOR are required to enter performance data for each program to be listed on the ETPL
and provide evidence to the Local Board that they have met the minimum performance criteria
required. Programs that do not include performance data will not be approved for listing on the ETPL.
$XIBBIT G
DocuSign Envelope ID: 77FED8D6-050B-4DCD-9D9B-10B5BB3C9571
�DS
I F� CONTRACTOR must have their current online course catalogs on file with the SAWDB found on
�— CONTRACTOR'S website at httt)s://ce.uci.edu/. CONTRACTOR does not produce a paper course
catalog.
�os
� CONTRACTOR agrees to immediately notify (within 10 working days) the SAWDB, in writing, of
l� any changes in the information submitted with initial agreement.
Ds
CONTRACTOR agrees to accept WIOA eligible referrals from the Santa Ana WORK Center on an
individual referral basis.
� DS-
CONTRACTOR shall not accept nor enroll WIOA participants who do not meet the
CONTRACTOR's entrance requirements, which are to be the same general entrance requirements
required of public students, and agrees to submit a written notification to the Santa Ana WORK
Center's Case Manager stating the reason(s) for non -acceptance.
N/A CONTRACTOR agrees to assist the WIOA client in applying for PELL Grants and any other funds
that might be available to offset the cost to WIOA and to work together with the WIOA client's Case
Manager to ensure all other funding sources are investigated and those funds obtained before
submitting the Vendor Voucher to the SAWDB for payment.
os
C� CONTRACTOR agrees to cross out sections of the student enrollment agreement that would hold the
WIOA participant financially responsible for any training related expenses.
COnce accepted, CONTRACTOR agrees to enroll the WIOA participant in the course stipulated on the
Vendor Voucher and no other.
CCONTRACTOR
� agrees to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for
third party testing (Microsoft, Novell, A+, etc.) and will provide a copy of the Pass/Fail results at that
time.
N/A Pre -Apprenticeship CONTRACTORS must include a letter of commitment from an approved
apprenticeship program and meet the application policies and procedures required for the type of
program (e.g., community college, private post -secondary, adult education provider, etc.).
N/A CONTRACTOR Apprenticeship Programs registered under the National Apprenticeship Act (NAA)
or recognized by DIR/DAS are exempt from initial eligibility procedures. Registered apprenticeship
programs must be included and maintained on the list of eligible providers of training services as long
as the corresponding program remains registered, as described at WIOA sea 122(a)(3).
L
EI
ms
DS
CONTRACTOR agrees to allow SAWDB, Santa Ana WORK Center, the State of California, and the
Department of Labor, the WIOA client and any of their duly authorized representatives' access to all
the records regarding the WIOA client for monitoring purposes. The records include any books,
documents, papers, files and computer data directly pertinent to the records of the WIOA participant.
The right to records includes the right to make excerpts, transcripts and photocopies. The right also
includes the right to have reasonable and timely access to personnel for the purpose of interviews and
discussions related to the records of the WIOA participant.
CONTRACTOR agrees to provide progress reports which indicate grades •nay^ems, as well as
attendance reports, to the WIOA client's Case Manager on a monthly basis.
EXHIBIT G
DocuSign Envelope ID: 77FED8D6-050B-4DCD-9D9B-IOB5BB3C9571
ErPCONTRACTOR agrees to notify the WIOA client's Case Manager immediately (within 5 working
— days) if the WIOA client is absent for more than 3 days in a row, has sporadic attendance or drops out
of school unless other arrangement are made in writing.
CCONTRACTOR agrees to provide a copy of the "reimbursement form" and issue a refund check to
the "City of Santa Ana" for the number of unused training hours and any non -issued training/testing
vouchers, books, tools, etc. due within 30 calendar days after the last day the WIOA client attended
school or the day the school was notified that the WIOA client dropped. Said check to be mailed to
the attention of the WIOA Case Manager, 801 W Civic Center Dr., #200, Santa Ana, CA 92701,
CONTRACTOR agrees to provide the WIOA Case Manager a copy of the WIOA client's certificate
of completion or diploma or official transcripts within 10 working days of the date of completion or
graduation.
CCONTRACTOR agrees to provide the WIOA client with the same level of job search/placement
assistance as provided to the public students and to provide the WIOA Case Manager with all the
pertinent information regarding the placement of the WIOA client within 5 working days of the WIOA
client's first day of employment. A WIOA client has 180 days after completing training to get a job
for the CONTRACTOR to get credit for placement in employment.
D F� I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of
this agency or business to submit this proposal.
�CONTRACTOR is not currently on any Federal, State of California, or local Debarment list.
CONTACTOR will provide records to show that we are fiscally solvent, if needed.
IFCONTRACTOR has, or will have, all of the fiscal control and accounting procedures needed to ensure
that WIOA funds will be used as required bylaw and contract.
CCONTRACTOR has additional funding sources and will not be dependent on WIOA funds alone.
ONTRACTOR will meet the applicable Federal, State, and local compliance requirements. These
include, but are not limited to:
CDs
] Records accurately reflect actual performance if applicable.
Maintain record confidentiality, as required.
Reporting financial, participant, and performance data, as required.
Comply with State and Federal fiscal and program activity audits.
ILJ Complying with Federal and State non-discrimination provisions.
CMeeting requirements of Section 504 of the Rehabilitation Act of 1973.
Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey)
EXHIBIT G
Docu5lgn Envelope ID: 77FED8D6-050B-4DCD-9D9B-10B5BB3C9571
Ds
Meeting all applicable labor law, including Child Labor Law standards.
Agree to provide a drug free workplace.,
l�3 Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability
l EDSCoverage in the amount of $1,000,000.00 policy.
Agree to provide all participants with Grievance Procedures.
Agree to insure proposer's employees through Workers Compensation Insurance (including part-time
crrs
employees)
DS
i� Procurement policies and procedures are in place and meet federal guidelines.
CONTRACTOR will not:
Ds
Use WIOA money to assist, promote, or deter union organizing.
Use funds to employ or train of persons in sectarian activities.
DSS
riEl Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used
for sectarian instruction or religious worship.
1DS
rf - ❑ Use WIOA money under this contract to purchase any equipment.
I hereby assure that all of the above are true.
Robert Rude, Assistant Dean, continuing Education
Title
EXHIBIT G
4/21/2021
Date
OF
CERTIFICATE _
DatB:7r21/2o20
, ,m. NSU.RANGE COVER,AOE
PRODUCERANSURED�^-
.._.
The Regents of the University of California
This Certificate is issued as a matter of information only to authorized viewers for
University of California, Irvine
Division of Finance and Administration
their internal use only and Confers no rights upon y
Y g p an viewer of this Certificate.
Office of Risk Services
The Certificate does not amend, extend or alter the coverage described below.
4199 Cam Us Drive, Suite 300
This Certificate may only be copied, printed and distributed by an authorized
Irvine CA 92812-2749
viewer for its internal use. Any other use, duplication or distribution of the
(949) 824.8772
Certificate without the written consent of the Regents of the University of California
is prohibited.
ENTITIES AFFORDING COVERAGE
_..,_ PARTICIPATION
COMPANY LETTER,A Tho Regents of the Unlversit�
of California 100%
COVERAGES
THIS iS I0 CERTIFY THAT THE REGENTS OF THE UNIVERSITY OF GALIFURNIA IS A GOVERNMENTAL ENTITY THAT HAS A SELF -FUNDED
RETENTION FOR LIABILITIES DESCRIBED BELOW, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY WRITTEN
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN. THIS SELF -FUNDED PROGRAM IS
SUBJECT TO ALL PROVISIONS OF THE BYLAWS AND STANDING ORDERS OF THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, WHICH
DOES NOT PERMIT ANY ASSUMPTION OF LIABILITY WHICH DOES NOT RESULT FROM THE NEGLIGENT ACTS OR OMISSIONS OF ITS
OFFICERS, AGENTS OR EMPLOYEES,
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EPPECTIVC DA7E
POLICY EXPIRATION DATE
LIMITS
A
GENERAL
LIABILITY
Self -Insured
07/0112020
07/0112021
GENERAL AGGREGATE
2,000,000
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OPAGG
$ i,D00,000
LAIMS MADE O OCCURRENCE
PERSONAL&ADV INJURY
S 1,000,000
CONTRACTUAL LIABILITY
S 1.000.000
EACH OCCURRENCE
51.000.000
S
A
UTOMOBILE
LIABILITY
Self -Insured
07lDi/2020
07/01/2021
COMBINED SINGLE LIMIT
SNOrAPPIais
ANY AUTO
X
ALLOWNED
AUTOS
DODILY INJURY
$1.000.000
SCHEDULED
(PER PERSON)
AUTOS
X
HIREDAUTOS
BODILY INJURY
s1.000,000
y
NON -OWNED
(PER ACCIDENT)
AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE
S 1,000.000
PROPERTY
EACH OCCURRENCE
S
FIRE & EXTENDED PERILS
AGGREGATE
S
AWORKERS'
COMPENSATION AND
Sell-insurod
07/01/2020
0710112021
STATUTORY LIMITS
YES
EMPLOYERS LIABILITY
EACH ACCIDENT
S As required by
DISEASE -POLICY LIMIT
S As required by
DISEASE - EACH EMPLOYEE
S As required by
DESCRIPTION OF OPIiRATIONSILOCATIONSNENICLES/SPECIAL ITEMS
The City of Santa Ana, its officers, agants, employees and volunteers are hereby named as additional insured but only in connection with
the Santa Ana Workforce Investment Board (SAWIS) continuing agreement with the UC Irvine Division of Continuing Education for the
period July 1 2020 through June 30, 2021.
CERTIFICATE HOLDER
CANCELLATION
APPLICABLE PARTY AS REQUIRED BY WRITTEN CONTRACT
SHOULD THE REGENTS ELECT TO DISCONTINUE SELF -INSURING ITS
OR AGREEMENT
LIABILITIES, THE REGENTS WILL UPDATE PROOF OF SELF-INSURANCE ON ri-8
City of Santa Ana
EBSITE, THE REGENTS SHALL NOT BE OBLIGATED TO PROVIDE INDIVIDUAL
Risk Management Division, 4th Floor
NOTICE TO VENDORS OR OTHERS.
T
By.
aCivir nter Plaza
anta Ana
CA 92702 S
REVIEWED & APPROVE
&Vt'hf`,4,. Pj{C�ivr�w)BY
RiskMANAgEMBNTDivisk
__Christopher Richmond ill(�r _q_jjjfl__ _
+MA I ,INE R. VILLAyREAL.
UNIVERSITY OF CALIFORNIA
PROOF OF SELF-INSURANCE COVERAGE
The Regents of the University of California are often requested by outside parties to provide evidence
of the University's self-insurance coverage in conjunction with agreements and contracts negotiated
by its employees Or' UC campuses and medical centers. Examples of situations whore the University
may be required to provide evidence of insurance include:
• Using an off -campus location to host an event, ceremony, athletic event, theatre production,
practice space, job fair, educational outreach event, etc.
• Leasing or renting equipment, motor vehicle(s), or real estate
• Research grant sub -awards
• Affiliation (non-healthcare/medical related) and Professional Services Agreements
The University of California self -funds its liability exposures, so does not issue individual certificates
of insurance. The UC Office of Risk Services has developed a Certificate of Self -Insurance Coverage
document (COC) to illustrate the self -funded retention levels maintained for each liability program.
The COC is available on-line for use by entities conducting business with the university as evidence
of the selffunded retention levels, coverage terms, and limits routinely requested. The self-insurance
los§ arise, regardless of the limits provided in the on-line Certificate of Self -Insurance Coverage
document.
The UC COC Site is solely for the use and benefit of the vendors and organizations which contract
with the University of California and not for resale or other transfer to or use by or for the benefit of
any other person or entity. You may print copies for use within your organization, provided that you
do not modify the COC in any way, nor distribute any copies outside your organization. You may not
use any of the University of California's names or marks in any manner that creates the impression
such names or marks belong to or are associated with you or imply any endorsement by the University
of California, and you acknowledge that you have no ownership rights in and to any of these names or
marks. You will not use the Site, the information contained therein or any of the University's names or
marks in unsolicited mailings or spam matcrial, You may not link directly to the COC ("deep link") or
bring up or present the COC or other content of this site within another web site ("frame"),
Q cial Corres ondenee must be sent via postal mail to:
Chief Risk Officer
Office of Risk Services
Office of the President
University of California
I I 1 I Franklin St., I Oth Floor
Oakland, CA 94607-5200
510-987.9832
RiskServicesGuoop,odu
Please contact the local Risk Manager at the specific University of California location where you are
contracting if you have insurance coverage questions:
Cantnus Risk Mwair,erj2jiecIM
spite] Risk Manaeers Directory REVIEWED & APPROVED
By Risk MANACicrvipm Divisiory
20 20
02
E- 2 ( I t R. VI WA EAI_
Digitally signed by
Francine R.
Francine R. Villareal
Vi I I a YPa I Date: 2021.07.14 15:1 1:01
CERTIFICATE OF
Date: 6/7/2021
SELF-INSURANCE COVERAGE
PRODUCER/INSURED
This Certificate is issued as a matter of information only to authorized viewers for
The Regents of the University of California
University of California, Irvine
their internal use only and confers no rights upon any viewer of this Certificate.
Division of Finance and Administration
Office of Risk Services
e described below. The Certificate does not amend, extend or alter the coverage
g
4199 Campus Drive, Suite 300
This Certificate may only be copied, printed and distributed by an authorized
Irvine CA 92612-2749
viewer for its internal use. Any other use, duplication or distribution of the
(949) 824-8772
Certificate without the written consent of the Regents of the University of California
is prohibited.
ENTITIES AFFORDING COVERAGE
PARTICIPATION
COMPANY LETTER A The Regents of the University of California 100%
COVERAGES
THIS IS TO CERTIFY THAT THE REGENTS OF THE UNIVERSITY OF CALIFORNIA IS A GOVERNMENTAL ENTITY THAT HAS A SELF -FUNDED
RETENTION FOR LIABILITIES DESCRIBED BELOW, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY WRITTEN
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN. THIS SELF -FUNDED PROGRAM IS
SUBJECT TO ALL PROVISIONS OF THE BYLAWS AND STANDING ORDERS OF THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, WHICH
DOES NOT PERMIT ANY ASSUMPTION OF LIABILITY WHICH DOES NOT RESULT FROM THE NEGLIGENT ACTS OR OMISSIONS OF ITS
OFFICERS, AGENTS OR EMPLOYEES.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE DATE
POLICY EXPIRATION DATE
LIMITS
LTR
A
GENERAL
LIABILITY
Self -Insured
7/1/2021
7/1/2022
GENERAL AGGREGATE
S 2,000,000
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OPAGG
$ 1,000,000
CLAIMS MADE X❑OCCURRENCE
PERSONAL&ADV INJURY
S 1,000,000
CONTRACTUAL LIABILITY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
A
AUTOMOBILE
LIABILITY
Self -Insured
07/01/2021
07/01/2022
COMBINED SINGLE LIMIT
$ Not Applicable
ANY AUTO
X
ALL OWNED
BODILY INJURY
S 1,000,000
AUTOS
(PER PERSON)
SCHEDULED
AUTOS
X
HIRED AUTOS
BODILY INJURY
S 1,000,000
(PER ACCIDENT)
X
NON -OWNED
AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE
$ 1,000,000
PROPERTY
EACH OCCURRENCE
$
FIRE & EXTENDED PERILS
AGGREGATE
$
A
WORKERS' COMPENSATION AND
Self -Insured
07/01/2021
07/01/2022
STATUTORY LIMITS
YES
EMPLOYERS LIABILITY
EACH ACCIDENT
$ As required by
DISEASE - POLICY LIMIT
$ As required by
DISEASE - EACH EMPLOYEE
$ As required by
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
The City of Santa Ana, its officers, agents, employees and volunteers are hereby named as additional insured but only in connection with
the Santa Ana Workforce Investment Board (SAWIB) continuing agreement with the UC Irvine Division of Continuing Education for the
period July 1 2020 through June 30, 2021.
CERTIFICATE HOLDER
CANCELLATION
APPLICABLE PARTY AS REQUIRED BY WRITTEN CONTRACT
SHOULD THE REGENTS ELECT TO DISCONTINUE SELF -INSURING ITS
OR AGREEMENT
LIABILITIES, THE REGENTS WILL UPDATE PROOF OF SELF-INSURANCE ON ITS
City of Santa Ana
WEBSITE. THE REGENTS SHALL NOT BE OBLIGATED TO PROVIDE INDIVIDUAL
Risk Management Division, 4th Floor
NOTICE TO VENDORS OR OTHERS.
By:
20 Civic Center Plaza
Santa Ana CA 92702
,.
RisieManagementDivi
Ejhjubmmz!tjhofe!cz!Upsj!Qjfstpo!
Ebuf;!3133/18/2:!21;68;14!
Upsj!Qjfstpo
.18(11(
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
The Regents of the University of California
Name:
Project
A-2020-194-21
Number:
Project
Agreement For Workforce Training - UC Irvine
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
POLICY EXPIRATION COI
TYPE OF INSURANCE FILE NAME
NUMBER DATE DATE
The Regents of the
University of
GENERAL LIABILITY SELFINSURED 07/01/2023 02/24/2023 California COI
Exp 7-1-23
RMD07192022.pdf
The Regents of the
University of
WORKERS COMPENSATION AND
SELFINSURED 07/01/2023 02/24/2023 California COI
EMPLOYERS' LIABILITY
Exp 7-1-23
RMD07192022.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
2/27/2023 5:02 PM