HomeMy WebLinkAboutO'REILLY & ASSOCIATES 2City of Santa Ana
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l _ AGREEMENT TERMINATION FORM
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Department: ( i A E 0 "VNIU" C ki j-
Phone/Ext.: 2C VLAL�
Signature: S�5�
Date: 5,A ,
Revised 04-12-10
'RANCE ON FILE
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UNTIL INSURANCE EXPIRES
0(a-65 -6(0
CLERK OF COUNCIL
DATE: �Y — / -7 — LD
CC.ae
A-2006-037
AGREEMENT WITH
PAUL O'REILLY AND ASSOCIATES
UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this 6th day of March, 2006, by and between O'Reilly
and Associates, hereinafter referred to as "CONSULTANT", and the City of Santa Ana, a charter city and
municipal corporation duly organized and existing under the Constitution and laws of the State of California,
hereinafter referred to as "CITY".
W-I-T-N-E-S-S-E-T-H
Recitals:
A. CITY has been designated a Lodal Workforce Investment Area (LWIA) under the
Workforce Investment Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs operated
by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare
economically disadvantaged adults, dislocated workers and youth for entry into the labor market and to
provide job training to those individuals who are economically disadvantaged or otherwise face serious
barriers in obtaining productive employment. One goal of California's Workforce Investment System is to
provide individuals with the opportunities to achieve career goals that will allow them to successfully
compete in the labor market and prepare them for higher education.
D. CONSULTANT is experienced in implementing Layoff Aversion strategies and
working with WIA funded programs including Rapid Response and other workforce development programs.
E. CONSULTANT is willing to operate said program pursuant to the Act and California
law
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, the parties hereto do
hereby agree as follows:
1. TIME PERIOD OF AGREEMENT
This Agreement shall commence as of March 6, 2006 and all services to be performed pursuant to
this Agreement shall be completed on or before June 30, 2006. The term of this Agreement may be extended
by a writing executed by the Executive Director of the Community Development Agency and the City
Attorney.
2. INDEPENDENT CONTRACTOR
CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of
CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of
the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes,
unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
CONSULTANT shall not subcontract any of the services required hereunder without the prior written
approval of the CITY.
3. SCOPE OF SERVICES
For and in consideration of the hereinafter stated payment by CITY to CONSULTANT,
CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this
Agreement, the services specified in the scope of work attached hereto and incorporated herein as Exhibit A
to this Agreement.
4. CONSULTANT OBLIGATIONS
A. CONSULTANT 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 CONSULTANT'S services or activities, costs or other data, including but not
limited to, participants' attendance, payroll records and job duty statements.
B. 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 CONSULTANT'S
activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors,
bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or
representatives shall also schedule on -site monitoring in 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 CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
In the event CONSULTANT does not make the above -referenced documents available within
the City of Santa Ana, California, CONSULTANT 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.
All accounting records and evidence pertaining to all costs of CONSULTANT and all
documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business
for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records
which relate to (a) complaints, claims, 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
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United States Government take exception, shall be retained beyond the three (3) years until resolution of
disposition of such appeals, litigation, claims, or exceptions.
C. Without prejudice to any other section of this Agreement, CONSULTANT 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, CONSULTANT
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 CONSULTANT, costs incurred and services rendered hereunder.
D. CONSULTANT agrees to expend all funds in accordance with all applicable federal,
state and local laws and regulations. CONSULTANT also agrees to provide at CONSULTANT'S own
expense supplies and other costs of said PROGRAM.
E. CONSULTANT shall comply with the provisions of 48 CFR, Chapter 1, Parts 1-31.2,
for commercial organizations and all other applicable federal statutes and executive orders and their
implementing regulations.
F. CONSULTANT shall comply with the provisions of E.O. 12549 and 12689, requiring
compliance with the debarment and suspension requirements contained in 29 CFR Part 98.
G. CONSULTANT shall comply with the requirements of federal regulations found at 29
CFR 93 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. CONSULTANT shall sign a certification to that effect in a form as set forth
in "Exhibit B," attached hereto and by this reference incorporated herein. CONSULTANT 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 CONSULTANT under the terms and conditions of
this Agreement.
H. CONSULTANT agrees to provide a drug -free work place and to execute a
certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference.
L CONSULTANT, 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).
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5. APPLICABLE GUIDELINES
A. The parties hereto agree that CONSULTANT shall comply with all applicable federal
and state laws and regulations, including but not limited to 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 as part of this Agreement as though fully set forth
herein.
B. CONSULTANT also assures and certifies that:
1. CONSULTANT shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
2. CONSULTANT shall provide the U.S. Department of Labor and the Controller
General, by and through any authorized representative, as well as the Santa Ana Local Workforce Investment
Area's Board, 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.
3. No person with responsibilities in the operation of any program under the
Workforce Investment Act grant shall discriminate with respect to any program participant or any application
for participation in such program because of race, creed, color, national origin, sex, political affiliation or
beliefs.
4. CONSULTANT shall maintain appropriate standards for health and safety in
work and transportation situations.
5. CONSULTANT shall comply with general provisions, assurances, and
certifications attached hereto as 'Exhibit D" and incorporated herein.
6. Any literature distributed by CONSULTANT 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 Investment 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."
7. CONSULTANT certifies that all property, finished or unfinished documents,
data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be
disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished
to the CONSULTANT by the CITY and/or purchased by the CONSULTANT 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 termination of this Agreement, CONSULTANT will
immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the
direction of the CITY.
8. CONSULTANT 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.
9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in
compliance 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 15) as any may now exist or be hereafter amended. Under these laws and regulations, the
CONSULTANT 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;
(c) It will notify the CITY and the EPA about any known violation of the above laws and
regulations.
10. CONSULTANT may copyright any work that is subject to copyright and was
developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies)
reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for
Federal purposes, and to authorize others to do so.
11. CONSULTANT is subject to applicable regulations governing patents and
inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements."
6. COMPENSATION
CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the
amount not to exceed Sixty Thousand Dollars ($60,000.00). CONSULTANT will submit a detailed invoice
evidencing services performed. Final payment by the CITY shall be within 30 days following receipt of said
invoice, subject to CITY accounting procedures.
CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon
State approval, and 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 CONSULTANT. 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.
E
MISCELLANEOUS PROVISIONS
A. CONSULTANT covenants that it presently has no interest, and shall not have any interest,
direct or indirect, which would conflict in any manner with the performance of services required hereunder.
B. CONSULTANT certifies that it will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act
of 1964 (P.L. 83-354) and Government Code 12900, et seq.
8. HOLD HARMLESS CLAUSE
CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents,
employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions
and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of
any approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors
in the performance of this Agreement.
9. INSURANCE
CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive
professional public liability insurance, in companies acceptable to the City, authorized to issue such
insurance in the State of California. Said insurance shall consist of the following:
a. Professional Liability Insurance. CONSULTANT agrees to obtain and keep in force during the
term of this Agreement a policy of professional public liability insurance insuring the CITY and
CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement.
Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or
death of any person or persons in any single accident or occurrence. Said policy of professional liability
insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation.
b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. CONSULTANT agrees to comply with
such provisions before commencing the performance of the work under this Agreement.
c. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to
paragraph a., above:
I . A certificate of insurance, to be approved in form by the City Attorney, shall be furnished
to the City within 30 days of the execution of this Agreement.
2. Certificates and policies shall state that the policies shall not be canceled or reduced in
coverage or changed in any other material aspect without thirty (30) days prior written
notice to the City.
d. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to
notification of termination.
10. TERMINATION
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,
CONSULTANT may not terminate this Agreement if undue hardship will result to any participant.
11. 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 CONSULTANT. The decision of the CITY shall be final and
conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives
from CONSULTANT written request to appeal said decision.
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, CONSULTANT shall act in accordance with CITY's decision unless the dispute involves a
change order.
12. BREACH - SANCTIONS
If, through any cause, CONSULTANT violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this
Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances,
CONSULTANT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a
result of CONSULTANT'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 CONSULTANT 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 CONSULTANT has failed to repay same or a repayment schedule has not
been made; and/or (3) terminate this Agreement by giving written notice to CONSULTANT of such
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termination in accordance the notice provision contained below.
13. 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:
To CITY: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copy to:
Santa Ana Work Center
1000 E. Santa Ana Blvd., #200
Santa Ana, CA 92701
Telefacsimile (714) 565-2602
To CONSULTANT: Paul O'Reilly
7530 Sunnywood Lane
Los Angeles, CA 90046
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
A =UQT.
Clerk of the Council
Run
Joseph W. Fletcher
City Attorney
1�`C,D�-
By: Lisa E. Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
G!-C 6�CJ
ell Patricia C. itaker, Executive Director
Community evelopment Agency
CITY OF SANTA ANA
David N. Ream
City Manager
CONSULTANT:
O'Re lly and Associates.
Paul O'Reilly
Tax ID#/SS#:
Statement of Work and Budget
Exhibit A
Plan for Santa Ana W101R1K Center Rapid Response Layoff Aversion Activities
Description
IA: Identification of Target List:
IA & Working with a model developed by Dun & Bradstreet, O'Reilly will implement all of the
necessary research and analysis in cooperation with Dun & Bradstreet and Santa Ana W/O/R/K
IB Center (SAWC) staff to identify a list of businesses with a high risk of layoff to target for this
project.
• Deliverable IA: O'Reilly will develop a table for SAWC staff that breaks down the Santa
Ana companies rated 4 or 5 by industry group using standard industrial classifications.
IB: Analysis of Local Labor Market to Identify Industries at risk of Layoff:
O'Reilly will analyze the table identifying industries to target for layoff aversion by combining it
with other available local market data reflecting prominent local industries or industries with
employment decline and growth to recommend how to prioritize the targeting of local businesses
for layoff aversion services.
Deliverable IB: O'Reilly will facilitate a planning meeting with SAWC staff to identify
options for prioritizing businesses to target for layoff aversion efforts.
Deliverables to be completed by March 31, 2006.
IIA, IIA: Business Interviews: Contractor will provide all coordination, outreach, and survey forms
needed to conduct phone surveys or interviews with a minimum of three Santa Ana businesses
IIB, that have been served by Santa Ana Rapid Response activities to assess their level of satisfaction
& IIC with services provided by SAWC and the scope of services the business community would like
to see in the future from Rapid Response.
• IIA Deliverable: Contractor will recap the findings from these business surveys or
interviews in a summary or table format recapping satisfaction levels and any noted service
preferences.
IIB: An Inventory of needs for Rapid Response Services: O'Reilly will design a written
inventory tool that can be used to collect an inventory of the unique services each SAWC partner
provides that support Rapid Response Layoff Aversion services.
IIB Deliverable: O'Reilly will collect the inventory responses and summarize responses in a
summary or table format that identifies the services available and any remaining service gaps
or new service options.
IIC: Review Issues Surrounding Better Coordination Of Rapid Response Services
including focus group:
IIC Deliverable: O'Reilly will plan, coordinate and facilitate a focus group with SAWC,
economic development and partner staff to identify service gaps and opportunities for
developing a new model of Rapid Response Layoff Aversion service coordination in Santa
Ana. O'Reilly will share his knowledge of best practices from his diverse experience and
previous research with organizations recognized as leaders in Rapid Response Layoff
Aversion services to assist staff in identifying options for a new model.
Deliverables to be completed by May 30, 2006.
Statement of Work and Budget
Exhibit A
Written Report, PowerPoint & Presentations, and Target List
IIIA, Deliverables:
IIIB, • IIIA Deliverable: O'Reilly will write a report detailing all the information gathered from
& each of the components of this project (as described in sections I and II above) along with his
IIIC formal recommendations for potential solutions and enhancements to Rapid Response Layoff
Aversion services in the region.
• IIIB Deliverable: O'Reilly will also summarize the written report into a PowerPoint
presentation and will make a presentation to SAWC Rapid Response staff.
• IIIC Deliverable: O'Reilly will provide SAWC staff with the list of companies, procured
from Dun & Bradstreet, rated 4 or 5 in the City of Santa Ana including their name, address
and phone numbers and related rating factors.
Deliverables will be completed on or before June 30, 2006.
2
L Statement of Work and Budget
Exhibit A
Description";.Cost,
IA: Identification of Target List: O'Reilly will develop a table for SAWC staff
that breaks down the Santa Ana companies rated 4 or 5 by industry group using
$ 8,750.00
standard industrial classifications.
IB: Analysis of Local Labor Market to Identify Industries at risk of Layoff:
O'Reilly will facilitate a planning meeting with SAWC staff to identify options for
prioritizing businesses to target for layoff aversion efforts.
IIA: Business Interviews: Contractor will recap the findings from these
business surveys or interviews in a summary or table format recapping
$35,350.00
satisfaction levels and any noted service preferences.
IIB: An Inventory of needs for Rapid Response Services: O'Reilly will collect
the inventory responses and summarize responses in a summary or table format
that identifies the services available and any remaining service gaps or new
service options.
IIC: Review Issues Surrounding Better Coordination Of Rapid Response
Services including focus group: O'Reilly will plan, coordinate and facilitate a
focus group with SAWC, economic development and partner staff to identify
service gaps and opportunities for developing a new model of Rapid Response
Layoff Aversion service coordination in Santa Ana. O'Reilly will share his
knowledge of best practices from his diverse experience and previous research
with organizations recognized as leaders in Rapid Response Layoff Aversion
services to assist staff in identifying options for a new model.
• IIIA Deliverable: O'Reilly will write a report detailing all the information
$15,900.00
gathered from each of the components of this project (as described in
sections I and II above) along with his formal recommendations for potential
solutions and enhancements to Rapid Response Layoff Aversion services in
the region.
• IIIB Deliverable: O'Reilly will also summarize the written report into a
PowerPoint presentation and will make a presentation to SAWC Rapid
Response staff.
• IIIC Deliverable: O'Reilly will provide SAWC staff with the list of companies,
procured from Dun & Bradstreet, rated 4 or 5 in the City of Santa Ana
including their name, address and phone numbers and related rating factors.
TOTAL
$60,00.00
Exhibit B
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 any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contracts, 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 subrecipients 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 that $100,000 for each such failure.
Organization Program Title
id Response
Namd,of Certifying Official Signature
Paul O'Reilly
O'Reilly and Associates
Exhibit C
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
Workplace 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.
Pg. 2
(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 -
( 1) Taking appropriate personnel action against such an 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.
Dated: 6 3 A g 0�
Program Operator
Paul O'Reilly
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Paul O'Reilly
Name of Contractor: O'Reilly and Associates
Contractor Number:
Date: March 6, 2006
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):
7530 Sunnywood Lane, Los Angeles, CA 90046
Santa Ana WORK Center, 1000 E. Santa Ana Blvd. #220, Santa Ana. CA 92701
s
Exhibit D
Subcontractor agrees that in addition to those agreements and obligations
specified in the contract boiler plate and scope of work, it will also adhere to and
obey the following provisions, assurances, and certifications.
ARTICLES
1) Subcontractor assures and certifies that it will not use any funds
appropriated under this agreement for religious activity or anti -religious
activity, or to promote or oppose any political candidate, parties, and/or
beliefs.
2) Subcontractor assures and certifies that any requested modification to this
agreement must be submitted in writing, explaining requested changes
and rationale. Subcontractor further assures that no modification will be
implemented without prior written approval from the Santa Ana WORK
Center.
3) Subcontractor agrees to cooperate with any monitoring, inspection, audit,
or investigations of activities related to this agreement as may be
scheduled and conducted by the Santa Ana WORK Center
4) Subcontractor agrees to acknowledge (given credit) the Santa Ana WORK
Center in all oral presentations, written document, publicity, and
advertisements regarding any activities that ensue from this agreement.
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 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department
or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Name and Title of Authorized
Q 3
Signature Date
K4
INSTRUCTIONS 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 when submitted or has become
erroneous by reason of changed circumstances.
4. The terms 'covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which 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
lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check the List of Parties Excluded from
Procurement or Non -Procurement Programs.
8. 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 by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. 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 voluntarily 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.
.ACORD. CERTIFICATE OF LIABILITY INSURANCE uoD
06-0e z005
FROM CER
WIAA INSURANCE SERVICES/PHS
251467 P:(866)467-8730 FS(877)905-0457
P. O. BOX 33015
SAN ANTONIO TX 78265
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
O'REILLY & ASSOCIATES
7530 SUNNYWOOD LANE
LOS ANGELES CA 90046
INBDRERA:Hartford Casualty Ins Cc
INSURER B:
NS RER c:
N9UNER 0:
NS RER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
RASA
EOUCY MAMER
PO11CY fT LTNE
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.LLLTYPEOFIAMMNCE
GENERAL UASUTY
EACH OCCLIRRETICE
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COMMERCIALGENEFIALUABlUTY
72 SBA AE4866
06/05/05
06/05/06
FIRE DAMAGE(My m.T..)
000,000
CLAIMS MADE QX OCCUR
MM ExPI .rr —)
E10000
X Business Liab
PERSONAL 6 ADV INJURY
41,000,000
GENERALAGGREGATE
12,000,000
GEN'L AGGREGATE
UMIT APPLIES PER:
PRODUCTS - COMPAIP AGO
s2,000,000
-
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PRO EX-1 LOC
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DESCAFUON OEfA^ERATIONSKOGITANSNEMCIES'FX(1(LS�ON3 ADDED BYEAO(MSEbfM/SPE[]AL RAONS.ONS
City of Santa Ana, its officers, employees, agents, volunteers and
representatives are included as additional insured with respects to the
liability coverage indicated under policy number 72SBAAE4866 for those
operations usual to the insured.
Mellipjail
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
DULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
'IRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
_IGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25-S (7/97) 0 ACORD CORPORATION 1988
POLICY NUMBER: 72 SBA AE4866
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
m CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES,
N AGENTS AND VOLUNTEERS
0 20 CIVIC CENTER PLAZA
0
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SANTA ANA, CA 92702
AS 1-0 FORM
/i'a SWA Gty Aitcrrev
Form IH 120011 85 T SEO. NO. 002 Printed In U.S.A. Page 001
Process Date: 0 6/ 0 8/ 0 5 Expiration Date: 0 6/ 0 5/ 0 6
INSURED COPY
WIAA INSURANCE SERVICESIPRS
P. 0. BOX 33015
SAN ANTONIO TX, 78265
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Additional Certholder Text
A General Liability Waiver of Subrogation applies to the certificate holder per
form SS1215, Waiver of Subrogation, attached to this policy. Coverage is primary i
non-contributory per the Business Liability Coverate form SS0008, attached to this
policy. Severability of interests- Insurance applies separately to each interest
against whom claim is made or "suit" is brought per the Business Liability Coverage
Form SS0008, attached to this policy. It is agreed that in the event of
cancellation of the policy, we agree to give 30 days prior written notice by
certified mail except in the even of non-payment of premium we agree to give 10
days prior written notice.
,', [iurnev
AC ORU 25-S (7197)
O'Reilly & Associates
7530 Sunnywood Lane, Los Angeles, California 90046
Phone: 323-851-5160
E-mail: pauloreiIly(Wsbcalobal.net
January 24, 2006
Carlos de la Rive
Santa Ana W/O/R/K Center
1000 E. Santa Ana Boulevard
Suite 2000
Santa Ana, California 92701
Dear Carlos:
The City of Santa Ana was designated as "additional insured" on my comprehensive general
liability and property insurance with Hartford Insurance, policy #72SBAAE4866. My
commercial general liability policy is paid in full for the 2005-2006 policy term. Since my policy
is paid in full, Hartford has agreed they will not cancel my policy during this term and has
provided a letter to that effect. The policy has a standard 30 day notice of cancellation, which
meets your requirements. I agree to notify Santa Ana W/O/R/K Center and the City of Santa
Ana if for some unusual reason the Hartford does choose to cancel the policy and I agree to
give the City of Santa Ana the 30 day required notice of cancellation.
Please call me if there are any further questions.
ely,
Pa 1 O'Reilly
O'Reilly & Associates
President
NEW HARTFORD SELECT CUSTOMER SALES/SERVICE OFFICE
4401 MIDDLE SETTLEMENT ROAD
NEW HARTFORD, NY 13413
May 27, 2005
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Re: O'Reilly & Associates
Policy #: 72 SBA AE4866
To Whom It May Concern:
THE
MRTPORD
Please attach this letter to the certificate of insurance provided for O'Reilly & Associates. His
commercial general liability policy is paid in full for the 2005-06 police term.
This policy has a standard 30 day notice of cancellation, which meets your requirements.
However we have a 10 day notice of cancellation for non-payment of premiums. The Hartford
does not amend its cancellation clause. Since this policy is paid in full it will not be cancelled for
non-payment of premiums for the 2005-2006 term.
Thank you.
Sincerely,
Denise Fistick, Policy Change Team
Phone: (800) 962-6170
Fax: (888) 443-6112
E-Mail: hartfordcommercial.nh@thehartford.com