HomeMy WebLinkAboutORANGE, COUNTY OF (37)INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
o
DATE: JAN 19 2023
FIRST AMENDMENT
• ' TO CONTRACT No. MA-012-22010003
BETWEEN THE
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR
WORKFORCE INNOVATION AND OPPORTUNITY
ACT(WIOA)
OC REGIONAL IMPLEMENTATION 4.0
N-2021-173-01
This Amendment to Contract No. MA-012-22010003, hereinafter referred to as "First
Amendment," is made and entered into or upon execution of all necessary signatures between the
County of Orange, a political subdivision of the State of California, hereinafter referred to as
"County" and City of Santa Ana, D-U-N-S No. 08-315-3247, with a place of business at 20 Civic
Center Plaza, Santa Ana, CA 92701-4058; hereinafter referred to as "Contractor", with County and
Contractor, sometimes individually referred to as "Party" or collectively referred to as "Parties."
RECITALS:
WHEREAS, The County entered into Contract MA-012-22010003 (hereinafter referred
to as "Original Contract") with City of Santa Ana, for the provision of Workforce Innovation and
Opportunity Act (WIOA) OC Regional Implementation 4.0 Services with an approved allocation
of $20,000 and services commencing September 28, 2021 through September 30, 2022; and
WHEREAS, the County now desires to extend the Contract through December 31, 2022
with no cost increase to the maximum obligation; and to replace Attachment A - Scope of Services
with Attachment A-1, Attachment B — Payment/Compensation with Attachment B-1, Attachment
C —Budget Schedule with Attachment C-1, Attachment D —Staffing Plan with Attachment D-1,
Attachment E — Performance Standards with Attachment E-1, and Attachment F — Federal Award
Identification Number with Attachment F-1; and
NOW, THEREFORE, in consideration of the mutual obligations set forth herein, both
Parties mutually agree to amend as follows:
County of Orange MA-012-22010003 Page I of
OCCRIOCCS-CID First Amendment
1. Extend Contract through December 31, 2022 with no cost increase to the maximum
obligation.
2. Attachment A — Scope of Services is hereby replaced with Attachment A-1.
3. Attachment B — Payment/Compensation is hereby replaced with Attachment B-1.
4. Attachment C — Budget Schedule is hereby replaced with Attachment C-1.
5. Attachment D — Staffing Plan and is hereby replaced with Attachment D-1.
6. Attachment E — Performance Standards is hereby replaced with Attachment E-1.
7. Attachment F - Federal Award Identification Information is hereby replaced with
Attachment F-1.
8. Except as otherwise expressly set forth herein, all terms and conditions contained in
the Contract, including any amendments/modifications, are hereby incorporated
herein by this reference as if fully set forth herein and shall remain in full force and
effect.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK
County of Orange MA-012-22010003 Page 2 of 3
OCCIUOCCS-CID First Amendment
pluemmurmw
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the dates
with their respective signatures:
CITY OF SANTA ANA:
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Jose Montoya
Assistant City Attorney
COUNTY OF ORANGE
A Political Subdivision of the State of California
CITY OF SANTA ANA
Lf—
Kristine Ridge
City Manager
RECOMMENDED FOR APPROVAL: -
Michael Garcia
Community Development Executive Director
Print N ! Title
2j ; zo23
Signature Date `
County of Orange AL4-012-22010003 Page 3 of 3
OCCRIOCCS-CID First Amendment
Attachment A-1
SCOPE OF SERVICES
REGIONAL WORKFORCE CONSULTING SERVICES
I. PURPOSE
The purpose of this Contract is to provide Regional Workforce Consulting Services that support
federally funded services offered through the Workforce Innovation and Opportunity Act (WIOA)
and by the Orange County Workforce Development Board (OCWDB) and its Subrecipients in the
Orange County Regional Planning Unit.
II. SERVICES
Regional Planning and Implementation — Collaborate with the OCWDB in establishing and
facilitating regional goals and objectives; developing regional strategies, policies, and programs as
part of regional planning and infrastructure development; focus on targeted populations,
communities, and/or WIOA activities as a key partner in the state identified Regional Planning
Unit.
a. Monitoring and Evaluation Services will also be available if needed.
M. DELIVERABLES
a. Contractor will be called upon to provide at a minimum but not limited to the following
services on an as -needed basis:
i. Regional Plan Implementation/Slingshot 4.0
1. Collaborate with OCWDB in developing establishing and facilitating a
post-COVID-19 Economic Development Strategy that supports regional
goals and objectives; developing regional strategies, policies, and
programs as part of regional planning and infrastructure development.
2. Collaborate with OCWDB to address the identified needs, service gaps,
existing resources, and potential partnerships in the region.
3. Assist OCWDB and Regional Organizer (RO) with building community
partnerships in the 4 identified industry sectors; targeting special resources
to support post-COV1D-19 recovery strategies focusing on race, equity,
high road economy, and COVID-19 response.
4. Promote regional collaboration and support of the regional plan
implementation activities.
5. Attend regional workforce development board partner meetings and
training.
6. Assist in the development and implementation of capacity building,
training, and development opportunities for staff and partners.
County of Orange Page 1 of 2 City of Santa Ana
OC Community Resources Contract No. MA-012-22010003
Attachment A-1
b. Invoices are due on the 201" of each month for the previous month's expenditures in
accordance with the OC Community Resources Contract Reimbursement Policy attached
herein as Exhibit 5 of this Contract. Contractor has a 30- day grace period after the 20th of
the month to submit the invoice, with the following exceptions: (1) the final close-out
invoice must be submitted by the 15th of the month following the month being reported
and (2) the invoices for May and June business must be submitted by the 15th of June and
15th of July, respectively.
c. Due dates of project and program development activities will be project -specific and will
be determined at the time of the project assignment.
Contractor will be provided access to the Project Manager who will assist with the scheduling and
information needed to complete the required deliverables for said services and projects pertaining
to the Orange County Regional Planning Unit.
County of Orange Page 2 of 2 City of Santa Ana
OC Community Resources Contract No. MA-012-22010003
Attachment B-1
0 PAYMENT/COMPENSATION
City of Santa Ana
Regional Workforce Consulting Services
1. COMPENSATION:
This is a cost reimbursement Contract between the County and the Contractor for up
to: $20,000 (Upon execution of all signatures — December 31, 2022) as set forth in
Attachment A-1 (Scope of Services) attached hereto and incorporated herein by
reference. The Contractor agrees to accept the specified compensation as set forth in
this Contract as full remuneration for performing all services and furnishing all staffing
and materials required, for any reasonably unforeseen difficulties which may arise or
be encountered in the execution of the services until acceptance, for risks connected
with the services, and for performance by the Subrecipient of all its duties and
obligations hereunder. The County shall have no obligation to pay any sum in excess of
the Contract Maximum Obligation specified unless authorized by an amendment in
accordance with Paragraphs C and P ofthe County's General Terms and Conditions.
2. PAYMENTS:
Contractor agrees that any and all funds received under this Contract annually for each
respective fiscal year shall be disbursed on or before December 31, 2022 and that any
and all funds remaining as of December 31, 2022, which have not been disbursed shall
be returned by Subrecipient to County within thirty (30) days ofthe expiration or earlier
termination of the Contract in accordance with Paragraph K of this Contract. No
expense of Subrecipient will be reimbursed by County if incurred after December 31,
2022.
Upon the effective date of this Contract, County shall make payment to Subrecipient in
accordance with the following payment schedule:
A. Monthly Payments: Upon receipt and approval by OC Community Resources
— OC Community Services of Subrecipient's invoice showing prior month(s)
actual expenditures, County shall make monthly reimbursement payments
based on Subrecipient's invoice so long as the total payments under this
Contract do not exceed the Contract Maximum Obligation.
B. County Discretion: At the sole discretion of County, payments to Subrecipient
may be made more frequently than monthly, but such payments shall always
be in arrears and not in advance of the provision of services by Subrecipient.
C. Invoices: Subrecipient shall provide monthly invoices by the 20th day
following the month being reported. If the 20th falls on a weekend or holiday,
the invoice/data report is due the next business day. Subrecipient has a 30- day
grace period after the 20th of the month to submit the invoice, with the
following exceptions: (1) the final close-out invoice must be submitted by the
15th of the month following the month being reported and (2) the invoices for
County of Orange I of 3 City of Santa Ana
Orange County Community Resources Contract No. MA-012-22010003
Attachment B-1
May and June business must be submitted by the 15th of June and 15th of July,
respectively. Invoices shall show the most up to date costs chargeable to the
program(s) referenced in this Contract and in accordance with the OC
Community Resources Contract Reimbursement Policy for documenting
Subrecipient costs, incorporated herein by reference as Exhibit 5. Failure to
provide any of the required documentation will cause County to withhold all or
a portion of a request for reimbursement, or return the entire reimbursement
package to Subrecipient, until such documentation has been received and
approved by the County. All costs included on invoices must be eligible for
reimbursement and allowable costs under WIOA and all applicable laws,
regulations, and requirements set forth in Paragraph 65 (Compliance with Law
— Contract) of this Contract.
D. No payments will be made if any preceding months' data, reports, or invoices
are outstanding, unless otherwise approved by the Administrator.
E. No payments will be made for costs incurred by Subrecipient which are not
"allowable costs" applicable to Subrecipient under 2 CFR Part 200.
F. Whenever Subrecipient is not in compliance with any provision of this Contract,
County's Project Manager, may withhold payment or a portion thereof until
such time Subrecipient comes into compliance.
G. County's Project Manager, also reserves the right to refuse and withhold
payment to Subrecipient for later disallowed costs; or for any expenditure
determined by County's Project Manager, not to be in compliance with this
Contract, or unrelated to activities for which this Contract provides, or
inappropriate to such activities; or for which there is inadequate supporting
documentation presented; or for which prior approval was required but was
either not requested or not granted. Payment to Subrecipient may be refused
until County receives reimbursement from Subrecipient for any Subrecipient
outstanding disallowed costs.
H. Total Monthly Costs may exceed one -fifteenth of the Maximum Obligation of
County. Upon receipt of sufficient written justification from the Subrecipient,
as determined in the sole discretion of the County's Project Manager, or
designee, the Project Manager, has the discretion, in any given month, to pay
over the monthly one -fifteenth of the Maximum Obligation.
3. PAYMENT TERMS:
An invoice for the reimbursement of costs shall be submitted to the address specified
below upon the completion of the services/activities and approval of the County Project
Manager. Subrecipient shall reference Contract number on invoice. Payment will be
net 45 days after receipt of an invoice in a forinat acceptable to the County of Orange
andverified and approved by OC Community Services and subject to routine processing
requirements of the County. The responsibility for providing an acceptable invoice rest
with the Subrecipient.
Billing shall cover services not previously invoiced. The Subrecipient shall reimburse
the County of Orange for any monies paid to the Subrecipient for services not provided
County of Orange 2 of 3 City of Santa Ana
Orange County Community Resources Contract No. MA-012-22010003
Attachment B-1
or when services do not meet the Contract requirements and/or are not eligible for
reimbursement or allowable costs under WIOA and all applicable laws, regulations,
and requirements set forth in Paragraph 65 (Compliance with Law — Contract) of this
Contract.
Payments made by the County shall not preclude the right of the County from thereafter
disputing any items or services involved or billed under this Contract and shall not be
construed as acceptance of any part of the services.
Program Invoice(s) must be sent to the following address:
OC Community Resources
Attention: Accounts Payable
601 N. Ross St., 6t' Floor
Santa Ana, CA 92701
4. INVOICING INSTRUCTIONS:
The Subrecipient will provide an invoice on Subrecipient's letterhead for services
rendered. Each invoice will have a number and will include in the Demand
Letter/Invoice the following information:
A. Subrecipient's name and address
B. Subrecipient's remittance address (if different from A)
C. Name of County Agency/Department
D. County Contract Number - MA-012- 22010003
E. Delivery Order (DO) Number
F. Service Date(s) — Month of Service
G. Deliverables/Service description (in accordance with Attachment A-1)
H. Subrecipient's Federal Tax I.D. number
I. Total Invoice Amount
County of Orange 3 of 3 City of Santa Ana
Orange County Community Resources Contract No. MA-012-22010003
Attachment C-1
BUDGET
REGIONAL WORKFORCE CONSULTING SERVICES
Upon Contract Execution — December 31, 2022
BUDGET
The Contract total shall not exceed $20,000. Each project description and corresponding
budget under this Contract shall be mutually determined and agreed upon by County and
Subrecipient. Project descriptions shall be in Attachment A-1, herein and corresponding
project budgets shall be listed in Attachment C-1 herein.
Activities
Total Budget Amount
Regional Plan Implementation 4.0
PY 20/21 - 1218
$20,000.00
Grant Code: 1218
End Date: December 31, 2022
Total:
$20,000.00
County of Orange Page 1 of 1 City of Santa Ana
OC Community Resources Contract Number MA-012-22010003
Attachment D-1
v,�� off,
v< eo�irSTAFFING PLAN
Title
FTE*
Economic Development Specialist I1I
.11
TOTAL:
.11
* 1.00 FTE = Full -Time Equivalent
The substitution or addition of other key individuals in any given category or classification shall
be allowed only with prior written pre -approval of the County Project Manager.
The Parties agree that the County has the right to require other or additional personnel to perform
services under the Contract, as required. The specific individuals will be assigned based on the
need and time of the service/class required. Assignment of additional key personnel shall be
subject to County approval.
County of Orange 1 of 1 City of Santa Ana
Orange County Community Resources Contract Number MA-012-22010003
Attachment E-1
PERFORMANCE STANDARDS
REGIONAL WORKFORCE CONSULTING SERVICES
Standards of performance are as follows:
1. All deliverables shall be current and professional in regard to accuracy, design, layout,
charts, graphs, and other visual representations of the information including hand-outs,
PowerPoint presentations and brochures.
2. All staff related to the project will execute project activities in accordance with the
Contract.
3. All deliverables related to the Contract and Scope of Services will not be deemed
"received" until reviewed and approved by County.
County of Orange Page 1 of 1 City of Santa Ana
OC Community Resources Contract Number MA-012-22010003
a
ATTACHMENT F-1
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
Subrecipient will provide Regional Workforce Consulting Services identified in this attachment.
I. GOVERNANCE
Subrecipient agrees to comply, remain informed, and deliver services consistent with the
provisions of the Workforce Innovation and Opportunity Act (WIOA), County of Orange,
Orange County Workforce Development Board (OCWDB) Policies, Orange County
Region Strategic Five -Year Plan, applicable sections of the Welfare and Institutions Code,
the California Education Code, the Rehabilitation Act, negotiated Memoranda of
Understanding, Title V of the Older Americans Act, federal and state governance
documents and/or any other appropriate statutes or requirements, related to the services
provided in this Contract..
Where local policy has not been set, Subrecipient agrees to adhere to state and/or federal
policy, as appropriate.
II. GOVERNANCE
A. Workforce Investment Act/Workforce Innovation and Opportunity Act - Department
of Labor, Employment and Training Administration, 20 CFR Part 652 et al. Workforce
Investment Act; Final Rules/WIOA 20CFR Part 676,677and 678.
B. Department of Labor, Employment and Training Administration, 20 CFR Part 652 et
al. Workforce Investment Act; Final Rules/WIOA 20CFR Part 676,677and 678.
C. Additional state and federal agencies that provide funding to the County of Orange/OC
Community Resources/OC Community Services/Community Investment Division that
may be incorporated herein.
D. Information Bulletins, Directives and any other federal and state guidance documents
pertaining to the WIOA.
E. All Actions, directives, and policy and procedures issued by OC Community
Resources/OC Community Services/Community Investment Division/Orange County
Workforce Development Board (OCWDB) or staff relevant to this Contract,
specifically Management Information System (MIS) Policies and Procedures,
Monitoring Guide Policy and Procedure, Audit Requirements Policy and Procedure
and Selective Service Policy and Procedure.
F. County of Orange policies, as applicable.
County of Orange Page 1 of 2 City of Santa Ana
OC Community Resources Contract Number MA-012-22010003
G. In accordance with the requirements of 2 CPR 200.330 (Subrecipient and Subrecipient
determination) and for the purpose of this Contract, City of Santa Ana is determined to
be a Contractor.
III. FEDERAL AWARD IDENTIFICATION
n FAIN II�FORIVIATICIN
,
A.
Subrecipient Name:
City of Santa Ana/Santa Ana Workforce
Development Board
B.
Subrecipient's Unique Identifier
083153247
D-U-N-S:
C.
Federal Award Identification
AA-34757-20-55-A-6
Number (FAIN):
D.
Federal Award Date:
Pending
E.
Subaward Period of
Upon execution — 09/30/2022
Performance:
F.
Total Amount of Federal Funds
$20,000.00
Obligated by the Action:
G.
Total Amount of Federal Funds
$20,000.00
Obligated to the Subrecipient:
H.
Total Amount of the Federal
$375,000.00
Award:
I.
Federal Award Project
Regional Plan Implementation (RPI) 4.0 Grant Code:
Description:
PY 20/21 - 1218
J.
Federal Awarding Agency:
Department of Labor
K.
Name of PTE:
Employment Development Department and County
of Orange
L.
Contact Information for the
Carma Lacy, Executive Director
Awarding Official:
Phone Number:
(714) 480-6420
E-mail Address:
Carma.Lacy@ocer.ocgov.com
M.
CFDANumber:
17.258
CFDA Name:
WIOA Formula Funds — Adult
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
10% Cap
Federal Award:
County of Orange Page 2 of 2 City of Santa Ana
OC Community Resources Contract Numbu MA-012-22010003