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HomeMy WebLinkAboutCALIFORNIA, STATE OF EMPLOYMENT DEVELOPMENT DEPARTMENT (5)Sf SCO ID: 7100-M781917100 A-2019-072-02 N STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES o STANDARD AGREEMENT N STD 273(Rev. 04/2020) ti— into J CONTRACTING AGENCY NAME Employment Development Department CONTRACTOR NAME City of Santa Ana 2. The tens of this Agreement is: START DATE July 1, 2022, or upon final approval THROUGH END DATE June 30, 2023 AGREEMENTNUMBER M78191-7100 PURCHASING AUTHORITY NUMBER (If Applicable) EDD-7100 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 A 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 0412017 + Exhibit D Special Terms and Conditions 1 Items shown with an asterisks"), are hereby Incorporated byreterence and made part ottms agmementas rrattacnea nereto. These documentscan be viewed at httos./lwww.das.ca.aodDLS/Resoumes IN WITNESS WHEREOF, THISAGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO. CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 801 W. Civic Center Drive, Suite 200 Santa Ana CA 92701 PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge City Manager CONTRACTORAUTHORIZED SIGNA RE S DATESI`GNNEEDD Approved as to farm: Ry 0. odge Assistant City Attorney ATTEST: By: Daisy Gomez, MMC City Clerk Clerk of the Council RECOMMENDED FOR APPROVAL: Steven A, Mendoza Community Development Executive Director Cleared CSO Dial 8/11/2022 NT Page 1 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-ang_.org 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. 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. 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 C5.t,, ,,- .. -. Gi� oi� Scan}c '(�+�� 9S-- loOCD41Ft5 By (Authorized Signature) Printed Name and Title of Person Signing �Cr;Si;.� �cSSe C-,Ay Mc na5,er Date Executed Executed in the County of A pro e' as to form: CONTRACTOR CERTIFICATION CLAUSES !! rr' Ryan O� Hod toqt City Attorney 1. STATEMENT OF COMPLIANCE: Contractor has, unless exeI ,comp to wrtn 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. S WEATFREE 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.gov, 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.