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SCO ID: 71 00-M7819171 00 A-2019-072-02
STATE OF CALIFORrvIA- D ARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213(Rev. 04/2020)
AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
M78191-7100 EDD-7100
N 1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
0
N CONTRACTING AGENCY NAME
O11 Employment Development Department
.- 4
CONTRACTOR NAME
City of Santa Ana
2. The term of this Agreement is:
START DATE
July 1, 2022, or upon final approval
THROUGHENDDATE
June 30, 2023
3. The maximum amount of this Agreement is:
$47,017.08 Forty -Seven Thousand Seventeen Dollars and Eight Cents
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits
Title
Pages
Exhibit
Scope of Work
1
Exhibit B
Budget Detail and Payment Provisions
2
Attachment
B-1
Cost Worksheet
1
Exhibit C *
General Terms and Conditions GTC 04/2017
Exhibit D
Special Terms and Conditions
1
-
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These documents can be viewed athttos://www.dgs.cayov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Santa Ana
CONTRACTOR BU5INESSADDRES5 CITY STATE ZIP
801 W. Civic Center Drive, Suite 200 Santa Ana CA 92701
PRINTED NAME OF PERSON SIGNING TITLE
Kristine Ridge City Manager
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
�
Approved as to form: ATTEST -
By:
u J
Ry'ONiodge Daisy Gomez, MMC City Clerk
Assistant City Attorney Clerk of the Council
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Community Development Executive Director
Page 1 of
SCO I D: 7100-M 781917100
STATE OFCALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
CONTRACTING AGENCY NAME
Employment Development Department
AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Applicable)
M78191-7100 EDD-7100
CONTRACTING AGENCY ADDRESS
CITY
STATE
ZIP
722 Capitol Mall, MIC 62-C
Sacramento
CA
I
95814
PRINTED NAME OF PERSON SIGNING
TITLE
Rebecca Martin
Manager, Contracts Services Group (IT)
CONTRACTING AGENCY AUTHORIZED SIGNATURE
DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
EXEMPTION (If Applicable)
DGS Exemption Letter No.54.6
Page 2 of 2
EXHIBIT A
SCOPE OF WORK
(Standard Agreement)
1. Purpose
EDD Contract No. M78191-7100
EDD/City of Santa Ana
Page 1 of 1
This Agreement is entered into by and between the Employment Development Department,
hereinafter referred to as the EDD, and the City of Santa Ana, hereinafter referred to as the
Contractor, for the purpose of reimbursing the Contractor for the EDD's share of the
operating costs at the Santa Ana America's Job Centers of California (AJCC) One -Stop
located at 801 W. Civic Center Drive, Suite 200, Santa Ana, CA 92701. See the budget
details that are outlined in Attachment B-1, Cost Worksheet.
The EDD is co -located at this site under the Workforce Innovation and Opportunity Act
(WIOA), Memorandum of Understanding (MOU), Infrastructure Funding Agreement (IFA)
mandate.
2. Services To Be Provided
The EDD agrees to provide workforce development services to individuals whom EDD
determines to be eligible for such services, and for whom such services are necessary and
appropriate, consistent with federal and state law. This Contract will reimburse the following
co -location costs: maintenance, telecommunications, security guard, copier equipment,
information technology services and access costs.
3. Contract Administrators
Employment Development Department
City of Santa Ana
Name: Rhonda Wooten-Savino
Name: Deborah Sanchez
Title: EPM II
Title: Economic Development Specialist III
Address: 801 W. Civic Center #200
Address: 801 W. Civic Center #200
Santa Ana, CA 92701
Santa Ana, CA 92701
Phone: (714) 565-2680/(916) 639-4967 cell
Phone: (714) 765-2621
Fax: 714 449-2111
Fax: 714 565-2602
Email: rhonda.wooten edd.ca. ov
Email: DSanchez santa-ana.or
EDD Contract No. M78191-7100
EDD/City of Santa Ana
Page 1 of 2
EXHIBIT B
BUDGET DETAILS AND PAYMENT PROVISIONS
(Standard Agreement)
1. Invoicing and Payment
The total dollar amount of this Agreement shall not exceed Forty -Seven Thousand
Seventeen Dollars and Eight Cents ($47,017.08).
2. Upon satisfactory completion of the work to be performed, an invoice, in triplicate, in arrears
shall be submitted no more frequently than monthly to the address shown below, for
processing.
Employment Development Department
801 W. Civic Center Drive, Suite 200
Santa Ana, CA 92701
Attn: Rhonda Wooten-Savino
Email: Rhonda.Wooten@edd.ca.gov
The invoice must reference the following:
• The EDD Contract Number M78191-7100
• Identifies services provided, service period, unit price (i.e. hourly, monthly), and quantity
applicable to the service
• Accurate billing address as stated on the purchase order or contract
• Supplier invoice date
• Company name and remittance address
3. Budget Contingency Clause
It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of congressional and legislative appropriation of funds,
for the mutual benefit of both parties, in order to avoid program and fiscal delays which
would occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only if (1) sufficient funds are made available by
the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for
the purposes of this program; and (2) sufficient funds are made available to the State by the
United States Government or by the State of California for the Fiscal Year(s) covered by this
Agreement for the purposes of this program. In addition, this Agreement is subject to any
additional restrictions, limitations or conditions established by the United States Government
and/or the State of California, or any statute enacted by the Congress and Legislature,
which may affect the provisions, terms or funding of the Agreement in any manner.
The parties mutually agree that if the Congress and/or Legislature does not appropriate
sufficient funds for the program, this Agreement shall be amended to reflect any reduction in
funds.
The EDD has the option to terminate the Agreement under the 30-day termination clause or
to amend the Agreement to reflect any reduction of funds..
EDD Contract No. M78191-7100
EDD/City of Santa Ana
Page 2 of 2
EXHIBIT B
BUDGET DETAILS AND PAYMENT PROVISIONS
(Standard Agreement)
4. California Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with section 927.
ATTACHMENT B-1
COST SHEET
(Standard Agreement)
Santa Ana Workforce Development Board
A1CC Comprehensive Infrastructure Budget, and Other System Cost Budget
EDD Contract No. M78191-7100
EDD/City of Santa Ana
Page 1 of 1
Eoo
9,548.00
50.88%
Cost Category/ Line Item
Cost Details
Monthly
Charges
Monthly
Property
Rent
Total
Monthly
Remand
Equipment
Cost
Utilities/M a i nt/Service
Telephone Services Per Person
Tone and Voice Mail
Assigned
$1,062.50
$1,062.50
Shared Phones
by usage persentage
$108.12
$108.12.
Security Guard (Annual)
$2,551.98
$2,551.98
Total
Utilities/Maintenance
$3,722.60
$0.00
$3,722.60
Equipment
New Phone System
Phones by assigned
phones
$0.00
Shared Basic Phones
0.00
phones
0.00
Licenses
$0.05
Switches
0.00
Annua upportost
Total Equipment
$41.64
$41.64
Technology and Access
Costs
Network Wireless Bridge
Network
Access System/Card
Key Cud System
$0.00
Data & Phone Cabling
Cabling
$0.00
$0.00
Information Technology Cost
Per Month (Annual)
Wireless Network Bridge
Maintenance
$62.96
$62.96
***Copiers (Annual)
Koorn used by
.clients only
$55.32
$55.32
staff only
$35.57
$35.57
Total Technology and
Access
$153.85
$153.85
In -Kind
Infrastructure Total
$3,918.09
x 12 months
47,017.08
* **Copiers are leased equipment and are charged by
percentage. Additional charge for usage will be calculated 3/30/2022 7:09 AM
and charged
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
(Standard Agreement)
1. Force Majeure
EDD Contract No. M78191-7100
EDD/City of Santa Ana
Page 1 of 1
Neither party shall be liable to the other for any delay in or failure of performance, nor shall
any such delay in or failure of performance constitute default, if such delay or failure is caused
by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of
war (e.g., riots and strikes) and acts of God (e.g., such as earthquakes, floods, and other
natural disasters) such that performance is impossible.
2. Workforce Innovation and Opportunity Act
Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation
and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced
in 29 C.F.R., Parts 37 and 38.
3. Settlement of Disputes
Any dispute concerning a question of fact arising under the term of this Agreement which is
not disposed of within a reasonable period of time (ten days) by the Contractor and State
employees normally responsible for the administration of this contract shall be brought to the
attention of the Chief Executive Officer (or designated representative) of each organization
for joint resolution.
4. Termination
This Agreement may be terminated by the EDD giving written notice to the Contractor 30
days prior to the effective date of such termination.
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
C4-i; -,5 ' . C, ky 0� Sun}c c _
9 6-- lneoco-4E�6
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
Ap reeve' as to form:
CONTRACTOR CERTIFICATION CLAUSES ail' ✓Nr
R� i O Hodg Asgista t City Attorney
1. STATEMENT OF COMPLIANCE: Contractor has, unless ex pte , co plietl wit
the nondiscrimination program requirements. (Gov. Code § 12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug -free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug -free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non -renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.Qov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably required
by authorized officials of the contracting agency, the Department of Industrial Relations,
or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies
that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision -making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy -making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.