HomeMy WebLinkAboutA-2006-113
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8 THIS AGREEMENT. entered into this 1st day of July, 2006. which date is
9 particularized for purpose of reference only. is by and between the COUNTY OF
10 ORANGE, hereinafter referred to as "COUNTY." and CITY OF SANTA ANA. a California
11 municipality, hereinafter referred to as "CONTRACTOR." This Agreement shall be
12 administered by the County of Orange Social Services Agency Director or
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COpy
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A"2006"113
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF WELFARE"TO"WORK EMPLOYMENT SERVICES
13 desi gnee. herei nafter referred to as "ADMINISTRATOR."
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WIT N E SSE T H:
17 WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of
18 Welfare"To"Work employment services; and
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20 WHEREAS. CONTRACTOR agrees to render such servi ces on the terms and
21 conditions hereinafter set forth;
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23 WHEREAS. such contracts are authori zed and provi ded for pursuant to
24 California Welfare and Institutions Code Section 11200 et seq., also known as
25 the California Work Opportunities and Responsibility to Kids (CalWORKs) Act of
26 1997;
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28
NOW. THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS
Page
1. IT~..................................................................4
2 . ALTERATION OF TERMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
3. STATUS OF CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
4. DEFINITIONS:.......................................................... 5
5. DESCRIPTION OF SERVICES, STAFFING..................................... 7
6. LICENSES AND STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS................................ 8
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE........... 10
9. USE OF COUNTY PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
10. NON-DISCRIMINATION................................................... 13
11. NOTICES.............................................................. 16
12. INDEMNIFICATION AND INSURANCE........................................ 17
13. CONFLICT OF INTEREST................................................. 21
14. ANTI-PROSELYTISM PROVISION........................................... 22
15. SUPPLANTING GOVERNMENT FUNDS... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
16. BREACH SANCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
17. PAyMENTS............................................................. 23
18. OVERPAyMENTS......................................................... 24
19. REVENUE.............................................................. 25
20. PROGRAM INCOME....................................................... 25
21. FINAL REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
22. INDEPENDENT AUDIT.................................................... 26
23. RECORDS, INSPECTIONS AND AUDITS...................................... 27
24. PERSONNEL DISCLOSURE................................................. 29
25. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING...................... 30
26. CONFI DENTIAL ITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
27. COPYRIGHT ACCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
28. WAIVER............................................................... 32
29. PETTY CASH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
30. PUBLICITy............................................................ 32
31. COUNTY RESPONSIBILITIES........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
32. REPORTS.............................................................. 32
33. ENERGY EFFICIENCY STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
34. ENVIRONMENTAL PROTECTION STANDARDS................................... 33
35. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS................................................. 33
36. POLITICAL ACTIVITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
37. TERMINATION PROVISIONS............................................... 35
38. GOVERNING LAW AND VENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
39. SIGNATURE IN COUNTERPARTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
EXHIBIT A
1. POPULATION TO BE SERVED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
2. WORKLOAD STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
3. SERVICES.............................................................. 2
4. ADDITIONAL CONTRACTOR RESPONSIBILITIES................................ 3
5. FORMS................................................................. 4
6. FACILITIES............................................................ 5
7. CASE RECORDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
8. REPORTS............................................................... 5
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9. PERFORMANCE REV I EW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
10. STAFF TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
11. HOURS OF OPERATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
12. BUDGET FDR PROVISION OF COMMUNITY SERVICE ACTIVITIES.................. 7
13. STAFF................................................................. 8
EXHIBIT B
1. POPULATION TO BE SERVED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
2. WORKLOAD STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
3. SERVICES.............................................................. 2
4. ADDITIONAL CONTRACTOR RESPONSIBILITIES................................ 3
5 . FORMS................................................................. 4
6. FACILITIES............................................................ 4
7. CASE. RECORDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
8. ~~m..............................................................5
9. PERFORMANCE REV I EW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
10. STAFF TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
11. HOURS OF OPERATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
12. BUDGET FOR PROVISION OF WORK EXPERIENCE ACTIVITIES.................... 7
13. STAFF................................................................. 8
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1 1. TERM
2 The term of this Agreement shall commence on July 1. 2006. and terminate
3 on June 30. 2007. unless earlier terminated pursuant to the provisions of
4 Paragraph 37 of this Agreement; however. CONTRACTOR shall be obligated to
5 perform such duties as would normally extend beyond this term. including but
6 not limited to obligations with respect to indemnification. audits. reporting
7 and accounting. CONTRACTOR and ADMINISTRATOR may mutually agree in writing to
8 extend the term of this Agreement. for up to an additional twelve (12) months
9 upon the same terms and conditions, provided that COUNTY's maximum obligation
10 as stated in Subparagraph 17.1 of this Agreement does not increase as a
11 result.
12 2. ALTERATION OF TERMS
13 This Agreement. including any Exhibit(s) attached hereto and
14 incorporated by reference. fully expresses all understandi ngs of the parti es
15 and is the total Agreement between the parties as to the subject matter of
16 this Agreement. No addition to. or alteration of. the terms of this
17 Agreement. whether written or verbal. by the parties. their officers. agents.
18 or employees. shall be valid unless made in the form of a written amendment to
19 this Agreement which is formally approved and executed by both parties.
20 3. STATUS OF CONTRACTOR
21 CONTRACTOR is and shall at all times be deemed to be. an independent
22 contractor and shall be wholly responsible for the manner in which it performs
23 the servi ces requi red of it by the terms of thi s Agreement. Nothi ng herei n
24 contai ned sha 11 be construed as creati ng the re 1 ati onshi p of employer and
25 emp 1 oyee. or pri nci pa 1 and agent. between COUNTY and CONTRACTOR or any of
26 CONTRACTOR's agents or employees. CONTRACTOR assumes exc 1 usi ve ly the
27 responsi bi 1 ity for the acts of its employees or agents as they relate to
28 services to be provided during the course and scope of their employment.
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1 CONTRACTOR, its agents, employees and volunteers, shall not be entitled'
2 to any rights and/or privileges of COUNTY employees, and shall not be
3 considered in any manner to be COUNTY employees.
4 4. DEFINITIONS:
5 4.1 Barriers to Employment: Circumstances that interfere with Welfare-
6 To-Work (WTW) participation, employment, or job search.
7 4.2 Ca 1 WORKs: The acronym for the Ca 1 iforni a Work Opportunity and
8 Responsibility to Kids Act of 1997, as described in Section 11200 et. seq. of
9 the Welfare and Institutions Code.
10 4.3 Community Service: A core Welfare-To-Work training activity that
11 is temporary and transitional, which is performed in the public or private
12 non-profit sector under close supervision, and provides participants with job
13 ski 11 s that can 1 ead to employment whi 1 e a 1 so meeti ng a community need. The
14 Community Service activity is not intended to be punitive in nature. It is an
15 opportunity to succeed through an intense case management approach that
16 utilizes all available resources in a focused manner.
17 4.4 Computer Information Systems (CIS): COUNTY provided Computer
18 Information Systems through which participant referrals are received by
19 CONTRACTOR regarding services provided to participants.
20 4.5 Multi-disciplinary Team (MDT): A partnership team including but
21 not limited to staff from Welfare-To-Work, Behavioral Health Services,
22 Domesti c Abuse Servi ces, Hea lth Ca re Agency. One-Stop Centers. Employment
23 Support, Job Servi ces and Vocati ona 1 Assessment counselors. The purpose of
24 this team is to assist the participant to identify and address issues that
25 have prevented the participant from being successful and work towards the
26 program goa 1 of self -suffi ci ency. The MDT wi 11 be bound by the informed
27 consent requirements specified in Exhibits "A" and "B", Paragraph 7.3.
28 / / /
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1 4.6 One-Stop Centers: Employment-based facilities integrating COUNTY
2 and One-Stop Partners into a single comprehensive center providing a mix of
3 core. intensive. and training services to businesses seeking employees and
4 part i ci pants seeki ng jobs under vari ous federal and state fundi ng programs.
5 The centers have been established statewide. pursuant to the federal Workforce
6 Investment Act of 1998. to implement a collaborative system of employment
7 training and education programs and services in support of California's
8 economic development.
9 4.7 One-Stop Partner: One of the entities responsible for conducting
10 the day-to-day activities associated with the delivery of workforce
11 development services to employers and job seeking customers. including daily
12 management. supervision. and coordination of staff physically co-located at
13 the Santa Ana WORK Center.
14 4.8 Participant: A recipient of CalWORKs financial assistance
15 benefits who has voluntarily enrolled or is required to participate in the
16 program pursuant to state regulations.
17 4.9 Supportive Servi ces: Payments provi ded to or on beha lf of WTW
18 participants for child care. transportation and ancillary expense costs.
19 4.10 Welfare-To-Work (WTW): A mandated program under CalWORKs which
20 requires parents or caretakers in families on welfare. unless exempted. to
21 meet work requirements by participating in Welfare-To-Work activities with a
22 goal of unsubsidized employment leading to self-sufficiency.
23 4.11 Work Experience: A planned. structured learning experience that
24 takes place in a workplace for a limited period of time. It is designed to
25 gain exposure to the working world and its requirements.
26 4.12 Workforce Investment Act (WIA): The Federal Workforce Investment
27 Act of 1998 provides the framework for a national workforce preparation and
28 employment system. Title 1 of the WIA authorizes and funds a number of
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1 employment and training programs in California. Workforce investment
2 activities authorized by WIA are provided at the local level via the One-Stop
3 de 1 i very system to i ndi vi dua 1 sin need of those servi ces . i nc 1 udi ng job
4 seekers. dislocated workers. youth. incumbent workers. new entrants to the
5 workforce. veterans. persons with di sabi 1 iti es and employers. The WIA's
6 primary purpose is to provide workforce investment activities that increase
7 the employment. retention. and earnings of the participant. and increase
8 attainment of occupational skills by participants.
9 4.13 Workforce Investment Board (WIB): A consortium of local business
10 and communi ty 1 eaders who sha 11 provi de pol i cy gui dance and overs i ght to a
11 local Workforce Investment Plan that is responsive to the workplace needs of
12 business and job seekers alike.
13 4.14 Workforce Investment Plan: A local plan created under the WIA.
14 and administered by the WIB on behalf of CONTRACTOR. that provides a
15 coordinated mix of services that best meets the workforce investment needs of
16 the local labor market.
17 5. DESCRIPTION OF SERVICES. STAFFING
18 5.1 CONTRACTOR agrees to provide those services. facilities. equipment
19 and supplies as described in the exhibits to the Agreement Between County of
20 Orange and City of Santa Ana. for the Provision of Welfare-To-Work 'Employment
21 Services. attached hereto and incorporated herein by reference: Exhibit "A"
22 relating to Community Service Activities. and Exhibit "B" relating to Work
23 Experience Activities.
24 5.2 Subject to thirty (30) days advance notice. ADMINISTRATOR may. in
25 its sole discretion. require changes in staffing patterns in accordance with
26 workload demands related to the number of clients to be served.
27 5.3 Upon the request of ADMINISTRATOR. CONTRACTOR shall send
28 appropriate staff to attend an orientation session and subsequent training
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1 sessions given by COUNTY.
2 6. LICENSES AND STANDARDS
3 6.1 CONTRACTOR warrants that it has all necessary licenses and permits
4 requi red by the 1 aws of the Uni ted States. State of Ca 1 iforni a. County of
5 Orange and all other appropri ate government a 1 agenci es. and agrees to mai nta.i n
6 these 1 i censes and permi ts in effect for the durati on of thi s Agreement.
7 Further. CONTRACTOR warrants that its employees shall conduct themselves in
8 compliance with such laws and licensure requirements including. without
9 limitation. compliance with laws applicable to sexual harassment and ethical
10 behavior.
11 6.2 In the performance of this Agreement. CONTRACTOR shall comply.
12 unless waived in whole or in part by ADMINISTRATOR. with all applicable
13 provisions of the California Welfare and Institutions Code; Title 45 of the
14 Code of Federal Regulations (CFR); Federal Office of Management and Budget
15 Circulars A-21. A-122. and A-B7; 48 CFR 31.2; and all applicable laws and
16 regulations of the United States. State of California. County of Orange Social
17 Services Agency Regulations and all administrative regulations. rules and
18 po 1 i ci es adopted thereunder as each and a 11 may now exi st or be hereafter
19 amended.
20 7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS
21 7.1 Delegation and Assignment:
22 CONTRACTOR shall neither delegate its duties or obligations nor
23 assign its rights with respect to this Agreement. either in whole or in part.
24 Any such attempted delegation or assignment shall be void. The transfer of
25 assets in excess of ten (10) percent of the total assets of CONTRACTOR. or any
26 change in the corporate structure. the governi ng body. or the management of
27 CONTRACTOR. which occurs as a result of such transfer. shall be deemed an
28 assignment of benefits under the terms of this Agreement and shall be void.
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1 7.2 Subcontracts:
2 CONTRACTOR shall not subcontract for services under this Agreement
3 without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents
4 in writing to a subcontract. in no event shall the subcontract alter, in any
5 way. any legal responsibi 1 ity of CONTRACTOR to COUNTY. ADMINISTRATOR may
6 refuse to pay obligations incurred under any subcontract that does not comply
7 with the terms of this Agreement. All subcontracts must be in writing and
8 copies of same shall be provided to ADMINISTRATOR. CONTRACTOR shall include
9 in each subcontract any provision ADMINISTRATOR may require.
10 7.2.1 Subcontracts of $10.000 or less:
11 CONTRACTOR shall develop a standard form Purchase Order,
12 subject to prior written approval of ADMINISTRATOR. to be utilized for the
13 purchase of services by CONTRACTOR when the cumulative total cost of the
14 services to be provided by any organization is anticipated to be ten thousand
15 do 11 ars ($10.000) or 1 ess duri ng the term of thi s Agreement. The basi s for
16 costs incurred by any such Purchase Order (s) sha 11 be the actual cost of
17 providing services or the usual and customary charges established by the
18 organization(s) providing the services.
19 7.2.2 Subcontracts in excess of $10.000:
20 CONTRACTOR shall develop and submit for approval to
21 ADMINISTRATOR a system for the procurement of subcontracts with any
22 organization in which the total cumulative cost of services provided by any
23 single organization is anticipated to exceed ten thousand dollars ($10,000)
24 duri ng the term of thi s Agreement. CONTRACTOR' s proposed procurement system
25 shall take into consideration such factors as: degree of price competition;
26 pricing policies and techniques; experience and quality of service; methods of
27 evaluating subcontractor responsibility; relationship of subcontractor to
28 CONTRACTOR; planning. award. and postaward management of subcontracts.
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1 i nc 1 udi ng i nterna 1 audi t procedures and moni tori ng of subcontractor's
2 performance until completion of services.
3 Upon ADMINISTRATOR's approval of CONTRACTOR's proposed
4 procurement system, CONTRACTOR shall comply with such procurement system in
5 obta i ni ng subcontracts with a tota 1 cost in excess of ten thousand dollars
6 ($10,000) during the term of this Agreement. In addition, CONTRACTOR shall
7 obtain ADMINISTRATOR's written consent prior to entering into a subcontract
8 with any organization when the total cumulative cost of services to be
9 provi ded by that organi zati on is anti ci pated to exceed ten thousand dollars
10 ($10,000) during the term of this Agreement.
11 CONTRACTOR and its subcontractor(s) shall establish and
12 maintain accurate and complete financial records related to services provided
13 under the terms of thi s Agreement. Such records may be subject to the
14 satisfaction of ADMINISTRATOR, and to the examination and audit by
15 ADMINISTRATOR or designee, for a period of four (4) years after the date of
16 final payment under this Agreement, or until any pending audit is completed.
17 8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE
18 8.1 Form of Business Organization:
19 Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and
20 submit, within thirty (30) days thereafter, an affidavit executed by persons
21 satisfactory to ADMINISTRATOR containing, but not limited to, the following
22 information:
23 8.1.1 The form of CONTRACTOR's business organization, i.e.,
24 proprietorship, partnership, corporation, etc.
25 8.1.2 A detailed statement indicating the relationship of
26 CONTRACTOR, by way of ownership or otherwise, to any parent organization or
27 individual.
28 ! ! !
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1 8.1.3 A detailed statement indicating the relationship of
2 CONTRACTOR to any subsidiary business organization or to any individual who
3 may be providing services, supplies, material or equipment to CONTRACTOR or in
4 any manner does business with CONTRACTOR under this Agreement.
5 8.2 Change in Form of Business Organization:
6 If duri ng the term of thi s Agreement. the form of CONTRACTOR's
7 busi ness organi zati on changes. or the ownershi p of CONTRACTOR changes, or
8 CONTRACTOR's re 1 ati onshi p to other busi nesses dea 1 i ng wi th CONTRACTOR under
9 this Agreement changes. CONTRACTOR shall promptly notify ADMINISTRATOR, in
10 writing, detailing such changes. A change in the form of business
11 organization may. at COUNTY's sole discretion. be treated as an attempted
12 assignment of rights or delegation of duties of this Agreement.
13 8.3 Real Property Disclosure:
14 If CONTRACTOR is occupying any real property under any agreement.
15 oral or written. where persons are to receive services hereunder. CONTRACTOR
16 may be required to submit the following information in addition to a copy of
17 the 1 ease. 1 i cense or rent a 1 agreement. as well as any other i nformati on
18 requested, within ten (10) days from the date of the request by ADMINISTRATOR:
19 8.3.1 The location by street address and city of any such real
20 property.
21 8.3.2 The fai r market value of any such real property as such
22 va 1 ue is refl ected on the most recently issued County Tax Collector's tax
23 bi 11 .
24 8.3.3 A detailed description of all existing and pending
25 agreements. with respect to the use or occupation of any such real property.
26 Such description shall include, but not be limited to:
27 8.3.3.1 The term duration of any rental agreement, lease
28 or sublease;
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1 8.3.3.2 The amount of monetary consideration to be paid
2 to the 1 essor. sublessor or 1 i censor over the term of the renta 1 agreement.
3 lease. or sublease:
4 8.3.3.3 The type and dollar value of any other
5 consideration to be paid to the lessor. sublessor or licensor:
6 8.3.3.4 The full names and addresses of all parti es to
7 any agreement concerni ng the real property and a 1 i st i ng of 1 i ens (if any)
8 thereof. together with a listing by full names and addresses of all officers.
9 directors and stockholders of any private corporation and a similar listing of
10 all general and limited partners of any partnership which is a party.
11 8.3.4 A listing by full names of all of CONTRACTOR's officers.
12 directors and/or partners. members of its administrative and advisory boards.
13 staff and consultants. who have any family relationship by marriage or blood
14 with a party to any agreement concerning real property referred to in
15 Subparagraph 8.3.3. immediately above. or who have any present or future
16 financial interest in such person's business. whether the entity concerned is
17 a corporation or partnership. Such listing shall also include the full names
18 of all of CONTRACTOR's offi cers. di rectors. partners and those ho 1 di ng a
19 financial interest. Included are members of its advisory boards. members of
20 its staff and consultants. who have any family relationship by marriage or
21 blood. to an offi cer. di rector. or stockholder of the corporati on or to any
22 partner of the partnership. In preparing the latter listing. CONTRACTOR shall
23 also indicate the names of the officers. directors. stockholders. or
24 partner(s). as appropriate. and the family relationship which exists between
25 such person(s) and CONTRACTOR's representatives listed.
26 8.3.5 True and correct copies of all agreements with respect to
27 any such real property shall be appended to the affidavit described above and
28 made a part thereof. If. during the term of this Agreement. there is a change
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1 in the agreement(s) with respect to real property where persons receive
2 servi ces . CONTRACTOR sha 11 promptly notify ADMINISTRATOR. in writi ng.
3 describing such changes.
4 9. USE OF COUNTY PROPERTY
5 9.1 COUNTY intends to permit CONTRACTOR the rent-free use of office
6 space. office furniture. and office equipment located in any and all offices
7 and COUNTY facilities at which CONTRACTOR will be collocated with COUNTY staff
8 pursuant to this Agreement. as is more particularly set forth in that certain
9 sublease described in Subparagraph 9.2. below. As stated in the sublease.
10 said office space. office furniture. and equipment shall be used solely by
11 employees of CONTRACTOR while performing their assigned duties pursuant to
12 this Agreement.
13 9.2 CONTRACTOR shall enter into a rent-free sublease with
14 ADMINISTRATOR for facilities provided by ADMINISTRATOR and will execute all
15 terms and conditions of said agreement upon ADMINISTRATOR's presentation of
16 said document to CONTRACTOR. Failure to execute the sublease will result in a
17 breach of this Agreement.
18 10. NON-DISCRIMINATION
19 10.1 In the performance of thi s Contract. CONTRACTOR agrees that it
20 shall not engage nor employ any unlawful discriminatory practices in the
21 admission of clients. provision of services or benefits. assignment of
22 accommodations. treatment. evaluation. employment of personnel or in any other
23 respect on the basis of sex. race. color. ethnicity. national origin.
24 ancestry. religion. age. marital status. medical condition. sexual
25 ori entati on. physi ca 1 or menta 1 di sabi 1 ity or any other protected group in
26 accordance with the requirements of all applicable Federal or State law.
27 10.2 CONTRACTOR shall develop an Affirmative Action Program Plan which
28 meets the lawful and applicable requirements of the Department of Health and
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1 Human Services.
2 10.3 CONTRACTOR sha 11 furni sh any and all i nformat i on requested by
3 ADMINISTRATOR and shall permit ADMINISTRATOR access, during business hours, to
4 books, records and accounts in order to ascertain CONTRACTOR's compliance with
5 Paragraph 10 et seq.
6 10.4 CONTRACTOR shall comply with Executive Order 11246, entitled
7 "Equal Employment Opportunity", as amended by Executive Order 11375 and as
8 supplemented in Department of Labor regulations (41 CFR Part 60).
9 10.5 Non-Discrimination in Employment
10 10.5.1 All soli ci tati ons or adverti sements for employees placed
11 by or on behalf of CONTRACTOR shall state that all qualified applicants will
12 receive consideration for employment without regard to sex, race, color,
13 ethni city, nat i ona 1 ori gi n, ancestry, re 1 i gi on. age, marita 1 status. medica 1
14 condition. sexual orientation. physical or mental disability or any other
15 protected group in accordance with the requirements of all applicable Federal
16 or State law. Notices describing the provisions of the equal opportunity
17 clause shall be posted in a conspicuous place for employees and job
18 applicants.
19 10.5.2 CONTRACTOR sha 11 refer any and all employees desi rous of
20
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28
filing a formal discrimination complaint to:
State of California Public Inquiry and Response Bureau
744 P Street, MS 20-23
Sacramento, California 95814
Telephone: 1-800-952-5253
1-800-952-8349 (Hearing Impaired)
10.6 Non-Discrimination in Service Delivery
10.6.1 CONTRACTOR shall comply with Title VI and VII of the Civil
Rights Act of 1964, as amended: Section 504 of the Rehabilitation Act of 1973.
as amended: the Age Discrimination Act of 1975, as amended: the Food Stamp Act
of 1977, as amended, and in particular Section 272.6: Title II of the
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1 Americans with Disabilities Act of 1990; California Civil Code Section 51 et
2 seq.. as amended; California Government Code Sections 11135-11139.5. as
3 amended; California Government Code Section 12940 (c). (h) (1). (i). and (j);
4 California Government Code Section 4450; Title 22. California Code of
5 Regulations Sections 98000-98413; Title 24 of the California Code of
6 Regul ati ons. Secti on 3105A(e); the Dyma lly-A 11 atorre Bi 1 i ngua 1 Services Act
7 (California Government Code Section 7290-7299.8); Section 1808 of the Removal
8 of Barriers to Interethnic Adoption Act of 1996; and other applicable Federal
9 and State laws. as well as their implementing regulations (including 45 Code
10 of Federal Regulations (CFR) Parts 80. 84, and 91. 7 CFR Part 15. and 28 CFR
11 Part 42). and any other law pertaining to Equal Employment Opportunity.
12 Affirmative Action and Nondiscrimination as each may now exist or be hereafter
13 amended. CONTRACTOR shall not implement any administrative methods or
14 procedures which would have a discriminatory effect or which would violate the
15 California Department of Social Services (CDSS) Manual of Policies and
16 Procedures (MPP) Division 21. Chapter 21-100. If there are any violations of
17 this paragraph. CDSS shall have the right to invoke fiscal sanctions or other
18 legal remedies in accordance with Welfare and Institutions Code Section 10605.
19 or Government Code Sections 11135-11139.5. or any other laws. or the issue may
20 be referred to the appropri ate Federa 1 agency for further comp 1 i ance acti on
21 and enforcement of Subparagraph 10.6 et seq.
22 10.6.2 CONTRACTOR shall provide any and all clients desirous of
23 filing a formal complaint any and all information as'appropriate:
24 10.6.2.1 Pamphlet: "Your Rights Under California Welfare
25 Programs (PUB 13)
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27
28
10.6.2.2
10.6.2.3
Discrimination Complaint Form
Civil Rights Contacts:
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County Civil Rights Contact:
Orange County Social Services Agency
Program Integrity
1200 N. Main Street
Santa Ana, CA 92701-3633
Attn: Civil Rights Coordinator
Telephone: (714) 480-6501
State Civil Rights Contact:
California Department of Social Services
Civil Rights Bureau
744 P Street. M.S. 15-70
Sacramento, CA 95814
Federal Civil Rights Contact:
U.S. Department of Health and Human Services
Office of Civil Rights
50 U.N. Plaza, Room 322
San Francisco, CA 94102
11. NOTICES
All noti ces , c 1 aims. correspondence, reports, and/or statements
authorized or required by this Agreement shall be addressed as follows:
COUNTY: County of Orange Social Services Agency
Contract Services
888 N. Main Street
Santa Ana, CA 92701
CONTRACTOR: Santa Ana W/O/R/K Center
1000 E. Santa Ana Blvd.. Suite 200
Santa Ana, CA 92701
All notices shall be deemed effective when in writing and deposited in
the United States mail. first class, postage prepaid and addressed as above.
Any notices, claims. correspondence, reports and/or statements authorized or
required by this Agreement addressed in any other fashion shall be deemed not
gi ven. ADMINISTRATOR and CONTRACTOR may mutually agree in writi ng to change
the addresses to which notices are sent.
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1 12. INDEMNIFICATION AND INSURANCE
2 12.1 CONTRACTOR agrees to indemnify. defend with counsel approved in
3 wri ti ng by COUNTY. and hold Department of Hea lth and Human Servi ces. the
4 State. COUNTY. and their elected and appointed officials. officers. employees.
5 agents and those speci a 1 di stri cts and agenci es whi ch COUNTY' s Board of
6 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from
7 any claims. demands or liability of any kind or nature, including but not
8 limited to personal injury or property damage. arising from or related to the
9 servi ces, products or other performance provi ded by CONTRACTOR pursuant to
10 thi s Agreement. If judgment is entered agai nst CONTRACTOR and COUNTY by a
11 court of competent jurisdiction because of the concurrent active negligence of
12 COUNTY or COUNTY INDEMNITEES. CONTRACTOR and COUNTY agree that liability will
13 be apportioned as determined by the court. Neither party shall request a jury
14 apportionment.
15 12.2 Without limiting CONTRACTOR's liability for indemnification. prior
16 to the provi s i on of servi ces under thi s Agreement, CONTRACTOR agrees to
17 purchase all required insurance at CONTRACTOR's expense and to deposit with
18 ADMINISTRATOR Certificates of Insurance, including all endorsements required
19 herein, necessary to satisfy COUNTY that the insurance provisions of this
20 Agreement have been complied with and to keep such insurance coverage and the
21 certificates therefore on deposit with ADMINISTRATOR during the entire term of
22 this Agreement, as set forth herein.
23 12.3 CONTRACTOR shall ensure that all subcontractors performing work on
24 behalf of CONTRACTOR pursuant to this Agreement shall be covered under
25 CONTRACTOR's insurance as an additional insured or maintain insurance subject
26 to the same terms and conditions as set forth herein for CONTRACTOR.
27 CONTRACTOR shall not allow subcontractors to work if subcontractors have less
28 than the 1 eve 1 of coverage requi red by COUNTY from CONTRACTOR under thi s
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1 Agreement. It is the ob 1 i gat i on of CONTRACTOR to provi de notice of the
2 insurance requirements to every subcontractor, and to receive proof of
3 insurance pri or to all owi ng any subcontractor to begi n work. Such proof of
4 insurance must be mai ntai ned by CONTRACTOR through the enti rety of thi s
5 Agreement for inspection by County representative(s) at any reasonable time.
6 12.4 All insurance policies required by this Agreement shall declare
7 any deductible or self-insured retention (SIR) in an amount in excess of
8 $25,000 ($5,000 for automobile liability), which shall specifically be
9 approved by the County Executive Offi ce (CEO) IOffi ce of Ri sk Management.
10 CONTRACTOR sha 11 be responsi b 1 e for rei mbursement of any deducti b 1 e to the
11 insurer. Any self-insured retentions (SIRs) or deductibles shall be clearly
12 stated on the Certificate of Insurance.
13 12.5 If CONTRACTOR fails to maintain insurance acceptable to COUNTY for
14 the full term of this Agreement, COUNTY may terminate this Agreement.
15 12.6 The policy or policies of insurance required herein must be issued
16 by an insurer licensed to do business in the State of California (California
17 Admitted Carrier). If the insurer is not licensed to do business in the State
18 of California, ADMINISTRATOR retains the right to approve or reject the
19 insurer after a review of the insurer's performance and financial ratings by
20 the County Executive Office (CEO)/Office of Risk Management.
21 12.7 The policy or policies of insurance required herein must be issued
22 by an insurer with a minimum rating of "A- (Secure Best's Rating)" and a
23 minimum financial rating of "VIII (Financial Size Category)," as determined by
24 the most current edi t i on of the Best's Key Rati ng Gui de/Property-
25 Casualty/United States or by going on-line to "ambest.com."
26 12.8 The policy or polices of insurance maintained by CONTRACTOR shall
27 provide the minimum limits and coverage as set forth below:
28 I I I
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Coverage Minimum Limits
Per Occurrence* Annual Aggregate*
Commercial General Liability with
broad form property damage and $1.000.000 $2.000.000
contractua 1 1 i abi 1 i ty
Automobile Liability (covering all
$1. 000.000 $1. 000.000
owned. non-owned and hired vehicles)
Workers' Compensation Statutory Statutory
Employers' Liability $1.000.000 $1.000.000
12. 9 All 1 i abi 1 ity insurance. requi red by thi s Agreement shall be at
least $1.000.000 combined single limit per occurrence. The minimum aggregate
limit for the Commercial General Liability policy shall be $2.000.000.
12.10 The County of Orange sha 11 be added as an addi ti ona 1 insured on
all insurance policies required by this Agreement with respect to the services
provi ded by CONTRACTOR under the terms of thi s Agreement (except Workers'
Compensation/Employers'Liability). An additional insured endorsement
evidencing that the County of Orange is an additional insured shall accompany
the Certificate of Insurance.
12.11 All insurance policies required by this Agreement shall be primary
insurance. and any insurance mai nta i ned by the County of Orange sha 11 be
excess and non-contributing with insurance provided by these policies. An
endorsement evidencing that CONTRACTOR's insurance is primary and non-
contributing shall specifically accompany the Certificate of Insurance for the
Commercial General Liability.
12 .12 All insurance pol i ci es requi red by thi s Agreement sha 11 gi ve the
County of Orange thi rty (30) days noti ce in the event of cance 11 ati on. Thi s
shall be evidenced by an endorsement separate from the Certificate of
Insurance. In additi on. the cance 11 ati on clause must i nc 1 ude 1 anguage as
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1 follows, which edits the pre-printed ACORD certificate:
2 "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
3 BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL
4 EfIDE.~,VOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
5 HOLDER NAMED TO THE LEFT, BUT FAILURE TO MI\IL SUCH NOTICE
6 SH>^.LL IMPOSE flO OElLIG/\TIml OR LIABILITY OF :'fIY WID upml THE
7 COMIWIY, ITS AGENT OR REPRESE~IT.'\TIVE."
8 12.13 All insurance policies required by this Agreement shall waive all
9 rights of subrogation against the County of Orange and members of the Board of
10 Supervisors, its elected and appointed officials, officers, agents and
11 employees when acting within the scope of their appointment or employment.
12 12.14 The Commerci a 1 Genera 1 L i abi 1 ity pol i cy sha 11 conta in a
13 severability of interests clause.
14 12.15 CONTRACTOR is aware of the provisions of Section 3700 of the
15 Ca 1 iforni a Labor Code whi ch requi res every employer to be insured agai nst
16 liability for Workers' Compensation or be self-insured in accordance with
17 provi si ons of that code. CONTRACTOR wi 11 comply wi th such provi si ons and
18 sha 11 furni sh COUNTY sati sfactory evi dence that CONTRACTOR has secured, for
19 the peri od of thi s Agreement, statutory Workers' Compensati on insurance and
20 Emp 1 oyers ' L i abi 1 i ty insurance wi th mi ni mum 1 i mi ts of $1. 000,000 per
21 occurrence.
22 12.16 If CONTRACTOR fails to provide the insurance certificates and
23 endorsements within seven (7) days of notification by CEO/Purchasing or
24 ADMINISTRATOR, award may be made to the next qualified proponent.
25 12.17 COUNTY expressly retains the right to require CONTRACTOR to
26 increase or decrease insurance of any of the above insurance types throughout
27 the term of this Agreement. Any increase or decrease in insurance will be as
28 deemed by County of Orange Risk Manager as appropriate to adequately protect
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2 12.18 COUNTY shall notify CONTRACTOR in writing of changes in the
3 insurance requi rements. If CONTRACTOR does not deposi t copi es of acceptable
4 cert ifi cates of insurance and endorsements wi th ADMINISTRATOR i ncorporat i ng
5 such changes within thirty (30) days of receipt of such notice, this Agreement
6 may be in breach without further noti ce to CONTRACTOR, and COUNTY sha 11 be
7 entitled to all legal remedies.
8 12.19 The procuri ng of such requi red pol icy or pol i ci es of insurance
9 shall not be construed to limit CONTRACTOR's liability hereunder nor to
10 fulfill the indemnification provisions and requirements of this Agreement.
11 12.20 The County of Orange Certifi cate of Insurance and the Speci a 1
12 Endorsement for the County of Orange can be utilized to verify compliance with
13 the above-menti oned insurance requi rements in place of commerci a 1 insurance
14 certificates and endorsements.
15 12.21 If CONTRACTOR is a governmental entity, CONTRACTOR may self-insure
16 for required coverages.
17 13. CONFLICT OF INTEREST
18 CONTRACTOR shall exerci se reasonable care and dil i gence to prevent any
19 actions or conditions that could result in a conflict with the best interests
20 of COUNTY. Thi s ob 1 i gati on sha 11 apply to CONTRACTOR's employees, agents,
21 relatives, subcontractors, and third parties associated with accomplishing the
22 work hereunder.
23 CONTRACTOR's efforts shall include, but not be limited to, establishing
24 precautions to prevent its employees or agents from making, receiving,
25 providing, or offering gifts, entertainment, payments, loans, or other
26 considerations which could be deemed to appear to influence individuals to act
27 contrary to the best interests of COUNTY.
28
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1 14. ANTI-PROSELYTISM PROVISION
2 No funds provided directly to institutions or organizations to provide
3 services and administer programs under 42 U.S.C. Section 604(a)(I)(A) shall be
4 expended for sectarian worship. instruction. or proselytization, except as
5 otherwise permitted by law.
6 15. SUPPLANTING GOVERNMENT FUNDS
7 CONTRACTOR shall not supplant any Federal, State or COUNTY funds
8 intended for the purposes of thi s Agreement wi th any funds made avai 1 ab 1 e
9 under thi s Agreement. CONTRACTOR sha 11 not c 1 ai m rei mbursement from COUNTY
10 for, or apply sums received from COUNTY with respect to. that portion of its
11 obligations which have been paid by another source of revenue. CONTRACTOR
12 agrees that it shall not use funds received pursuant to this Agreement, either
13 directly or indirectly, as a contribution or compensation for purposes of
14 obtai ni ng Federal. State or COUNTY funds under any Federal. State or COUNTY
15 program without prior written approval of ADMINISTRATOR.
16 16. BREACH SANCTIONS
17 Failure by CONTRACTOR to comply with any of the provisions. covenants,
18 or conditions of this Agreement shall be a material breach of this Agreement.
19 In such event ADMINISTRATOR may, in its sole discretion, and in addition to
20 immediate termination and any other remedies available at law, in equity, or
21 otherwise specified in this Agreement:
22 16.1 Afford CONTRACTOR a time period within which to cure the breach,
23 which period shall be established at the sole discretion of ADMINISTRATOR;
24 and/or
25 16.2 Discontinue reimbursement to CONTRACTOR for and during the period
26 in which CONTRACTOR is in breach, which reimbursement shall not be entitled to
27 later recovery; and/or
28 16.3 Offset against any monies billed by CONTRACTOR but yet unpaid by
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1 COUNTY those monies disallowed pursuant to Subparagraph 16.2. above.
2 ADMINISTRATOR shall give CONTRACTOR written notice of any action
3 pursuant to this paragraph. which notice shall be deemed served on the date of
4 mailing.
5 17. PAYMENTS
6 17.1 Maximum Contractual Obligation:
7 The maxi mum ob 1 i gati on of COUNTY under thi s Agreement sha 11 be
8 $497.671. or actual allowable costs. whichever is less.
9 17.2 Allowable Costs:
10 Duri ng the term of thi s Agreement. COUNTY shall pay CONTRACTOR
11 monthly in arrears. for actual allowable costs incurred and paid by CONTRACTOR
12 pursuant to this Agreement. as defined in OMB Circular A-87 or as approved by
13 ADMINISTRATOR. However. COUNTY. in it sole discretion. may pay CONTRACTOR for
14 anticipated allowable costs that will be incurred by CONTRACTOR for June 2007.
15 during the month of such anticipated expenditure.
16 17.3 Claims:
17 17.3.1 All c 1 aims must be submi tted month 1 y by CONTRACTOR on a
18 form approved by ADMINISTRATOR. All claims submitted to COUNTY must be
19 supported with source documents including. inter alia. a monthly statement of
20 servi ces . genera 1 1 edgers. supporti ng journa 1 s. time sheets. i nvoi ces.
21 canceled checks. receipts. and receiving records. which may be required to be
22 copied and submitted with each monthly invoice. Unless waived by ADMINISTRATOR
23 i nvoi ces are due by the 20th of the fo 11 owi ng month. Source documents that
24 CONTRACTOR must submit with each monthly i nvoi ce sha 11 be determi ned by
25 ADMINISTRATOR and/or COUNTY's Auditor-Controller. CONTRACTOR shall retain all
26 financial records in accordance with Paragraph 23 (Records. Inspections.
27 Audits) of this Agreement.
28 / / /
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1 17.3.2 Payments should be released by COUNTY withi n a reasonable
2 time period of approximately thirty (30) days after receipt of a correctly
3 completed claim form and required supporting documentation.
4 17.3.3 Final Claim/Settlement:
5 17.3.3.1 Any and all claims must be received by
6 ADMINISTRATOR no later than August 30. 2007 at 5:00 p.m.. said date being
7 approxi mate ly si xty (60) days after termi nati on of thi s Agreement. Cl ai ms
8 received after this date and time may not be reimbursed. ADMINISTRATOR may.
9 in its sole di scret ion. modify the date upon whi ch the fi na 1 c 1 ai m must be
10 received. upon notice to CONTRACTOR.
11 17.3.3.2 The basi s for fi na 1 settl ement shall be the
12 actual allowable costs as defined in Title 45 of the Code of Federal
13 Regulations and OMB Circular A-122. incurred and paid by CONTRACTOR pursuant
14 to this Agreement; limited. however. to the maximum obligation of COUNTY. In
15 the event that any overpayment has been made. COUNTY may offset the amount of
16 the overpayment against the final payment. In the event overpayment exceeds
17 the final payment. CONTRACTOR shall pay COUNTY all such sums within five (5)
18 days of notice from COUNTY. Nothing herein shall be construed as limiting the
19 remedies of COUNTY in the event an overpayment has been made.
20 18. OVERPAYMENTS
21 Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which
22 CONTRACTOR is ent it 1 ed under thi s Agreement shall be repai d to COUNTY. in
23 accordance with any app 1 i cab 1 e regu 1 ati ons and/or pol i ci es in effect duri ng
24 the term of thi s Agreement. or as estab 1 i shed by COUNTY procedure. Any
25 overpayments made by COUNTY which result from a payment by any other funding
26 source shall be repaid. at the discretion of ADMINISTRATOR. to COUNTY or the
27 funding source. Unless earlier repaid. CONTRACTOR shall make repayment within
28 thirty (30) days after the date of the final audit findings report. and prior
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1 to any administrative appeal process. In the event an overpayment owing by
2 CONTRACTOR is collected from COUNTY by the fundi ng source, then CONTRACTOR
3 sha 11 rei mburse COUNTY withi n thi rty (30) days thereafter, and pri or to any
4 administrative appeal process. CONTRACTOR agrees to pay all costs incurred by
5 COUNTY necessary to enforce the provisions set forth in this paragraph.
6 19. REVENUE
7 Whenever CONTRACTOR recei ves any money specifi ca lly desi gnated for use
8 in programs funded through this Agreement. such monies shall be considered a
9 cost off-set and treated as a reduction against the amount claimed by
10 CONTRACTOR, except for Program Income as defined in 45 CFR, Section 92.25 as
11 that section currently exists or may be hereafter amended. The procedure for
12 designating money as Program Income is set forth in Paragraph 20 of this
13 Agreement.
14 20. PROGRAM INCOME
15 It is mutually understood that the State or Federal agency responsible
16 for providing the funding for this Agreement may designate certain revenue of
17 CONTRACTOR as Program Income. To be designated as Program Income and,
18 therefore. as other than a cost off-set. CONTRACTOR shall do all of the
19 following:
20 20.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed
21 Program Income;
22 20.2 Set up and ma i ntai n a separate bank account for any proposed
23 Program Income and account for any and all such income received; and
24 20.3 Report to ADMINISTRATOR any and all Program Income received no
25 1 ater than thi rty (30) days from the date of recei pt; record the amount
26 recei ved on i nterna 1 fi nanci a 1 records; and i ndi cate the amount recei ved on
27 the monthly claim submitted to ADMINISTRATOR.
28 / / /
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1 20.4 ADMINISTRATOR shall then forward the plan for the requested use of
2 the proposed Program Income to the appropriate State and/or Federal agencies
3 for approval.
4 20.5 CONTRACTOR shall not spend any of the proposed Program Income
5 unless or until such time as ADMINISTRATOR obtains authorization for the use
6 of the Program Income from the responsible State and/or Federal agency and
7 provides CONTRACTOR with prior written approval for the use of the funds.
8 20.6 ADMINISTRATOR may. in its sole discretion. issue future policy
9 statements and/or instructions wi th respect to Program Income. CONTRACTOR
10 shall immediately comply with such policy statements and/or instructions.
11 21. FI NAL REPORT
12 CONTRACTOR shall complete and submit to ADMINISTRATOR a final report
13 withi n sixty (60) days after the termi nat i on of thi s Agreement. whi ch shall
14 summarize the activities and services provided by CONTRACTOR during the term
15 of this Agreement. CONTRACTOR and ADMINISTRATOR may mutually agree in writing
16 to modify the date upon which the final report must be submitted.
17 22. INDEPENDENT AUDIT
18 22.1 CONTRACTOR sha 11 employ a 1 i censed certifi ed pub 1 i c accountant.
19 who shall prepare and file with ADMINISTRATOR. an annual organization-wide
20 audit of related expenditures during the term of this Agreement in compliance
21 with the Office of Management and Budget COMB) Circular A-133. Audits of
22 States. Local Governments. and Non-Profit Organi zat ions. The audit must be
23 performed in accordance with Generally Accepted Government Auditing Standards
24 (GAGAS) and OMB Circular A-122. CONTRACTOR shall cooperate with County. State
25 and/or Federal agencies to ensure that corrective action is taken within six
26 (6) months after issuance of all audit reports with regard to audit
27 exceptions.
28 / / /
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1 22.2 CONTRACTOR agrees to provi de ADMINISTRATOR wi th a copy of its
2 organization-wide audit for the period ending June 30 within sixty (60) days
3 after the end of its fiscal year. Failure to comply with this paragraph shall
4 be sufficient cause for ADMINISTRATOR, in its sole discretion, to deny payment
5 of any moni es under thi s or any other subsequent Agreement with CONTRACTOR
6 until such time the audit is received. ADMINISTRATOR may, in its sole
7 discretion, modify the date upon which the independent audit must be received,
8 upon notice to CONTRACTOR.
9 23. RECORDS, INSPECTIONS AND AUDITS
10 23.1 Financial Records:
11 23.1.1 CONTRACTOR shall prepare and mai ntai n accurate and
12 complete financial records. Financial records shall be retained, by
13 CONTRACTOR, for a minimum of four (4) years from the date of final payment
14 under this Agreement or until all pending COUNTY, State and Federal audits are
15 completed, whichever is later.
16 23.1.2 CONTRACTOR shall establish and maintain reasonable
17 account i ng, i nterna 1 control and fi nanci a I reporti ng standards in conformi ty
18 with generally accepted accounti ng pri ncipl es estab 1 i shed by the American
19 Institute of Certified Public Accountants (AICPA) and to the satisfaction of
20 ADMINISTRATOR.
21 23.2 Client Records:
22 23.2.1 CONTRACTOR shall prepare and maintain accurate and
23 comp I ete records of c Ii ents served, and dates and type of servi ces provi ded
24 under the terms of this Agreement in a form acceptable to ADMINISTRATOR.
25 23.2. 2 All c 1 i ent records related to services provi ded under the
26 terms of this Agreement shall be retained by CONTRACTOR for a minimum of four
27 (4) years from the date of fi na 1 payment under thi s Agreement or unti 1 all
28 pendi ng COUNTY, State and Federa 1 audi ts are completed, whi chever is 1 ater.
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1 Notwithstanding anything to the contrary, upon termination of this Agreement,
2 CONTRACTOR sha 11 re 1 i nqui sh control with respect to c 1 i ent records to COUNTY
3 in accordance with Subparagraph 37.2.
4 23.2.3 COUNTY may refuse payment for a c 1 aim if c 1 i ent records
5 are determined by COUNTY to be incomplete or inaccurate. In the event client
6 records are determined to be incomplete or inaccurate after payment has been
7 made. COUNTY may treat such payment as an overpayment within the provisions of
8 this Agreement.
9 23.3 Inspections and Audits:
10 23.3.1 The Department of Hea lth and Human Servi ces, Comptroller
11 General of the United States, Director of the California Department of Social
12 Services, State Auditor-General. ADMINISTRATOR, COUNTY's Auditor-Controller
13 and Internal Audit Department. or any of their authorized representatives,
14 sha 11 have access to any books, documents, papers and records, i nc 1 udi ng
15 medical records, of CONTRACTOR which any of them may determine to be pertinent
16 to this Agreement for the purpose of financial monitoring. Further, all the
17 above mentioned persons have the right at all reasonable times to inspect or
18 otherwise evaluate the work performed or being performed under this Agreement
19 and the premises in which it is being performed.
20 23.3.2 CONTRACTOR shall make available its books and financial
21 records within the borders of Orange .County within ten (10) days after receipt
22 of written demand by ADMINISTRATOR.
23 23.3.3 In the event CONTRACTOR does not make ava il ab 1 e its books
24 and financial records within the borders of Orange County, CONTRACTOR agrees
25 to pay all necessary and reasonable expenses incurred by COUNTY. or COUNTY's
26 designee, necessary to obtain CONTRACTOR's books and financial records.
27 23.3.4 CONTRACTOR shall pay to COUNTY the full amount of COUNTY's
28 liability to the State or Federal government or any agency thereof resulting
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1 from any di sa 11 owances or other audi t excepti ons to the extent that such
2 liability is attributable to CONTRACTOR's failure to perform under this
3 Agreement.
4 24. PERSONNEL DISCLOSURE
5 24.1 CONTRACTOR shall make available to ADMINISTRATOR a current list of
6 all personnel providing services hereunder. including resumes and job
7 app 1 i cati ons. Changes to the 1 i st wi 11 be immedi ate ly provi ded to
8 ADMINISTRATOR in writing. along with a copy of a resume and/or job
9 application. The list shall include:
10 24.1.1 All full or part-time staff positions by title. including
11 volunteer positions whose direct services are required to provide the programs
12 described herein;
13 24.1.2 A brief description of the functions of each position and
14 the hours each person works each week, or for part-time personnel each day or
15 month. as appropriate;
16 24.1.3 The professional degree. if applicable. and experience
17 required for each position; and
18 24.1.4 The language skill. if applicable. for all personnel.
19 24.2 Where authorized by law, CONTRACTOR shall conduct criminal record
20 background checks on all employees and/or volunteers who will provide services
21 under this Agreement.
22 24.3 CONTRACTOR warrants that all persons employed or otherwise
23 assigned by CONTRACTOR to provide services under this Agreement have
24 satisfactory past work records and/or reference checks indicating their
25 ability to perform the required duties and accept the kind of responsibility
26 anticipated under this Agreement. CONTRACTOR shall maintain records of
27 background investigations and reference checks undertaken and coordinated by
28 CONTRACTOR for each employee and/or volunteer assi gned to provi de servi ces
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1 under thi s Agreement for a mi nimum of four (4) years from the date of fi na 1
2 payment under thi s Agreement or unti 1 all pendi ng COUNTY, State and Federal
3 audits are completed, whichever is later. in compliance with all applicable
4 laws.
5 24.4 CONTRACTOR sha 11 i mmedi ate 1 y notify ADMINISTRATOR concerni ng the
6 arrest and/or subsequent convi ct ion. for offenses other than mi nor traffi c
7 offenses. of any pai d employee and/or volunteer staff performi ng servi ces
8 under thi s Agreement, when such i nformati on becomes known to CONTRACTOR.
9 ADMINISTRATOR, in its sole discretion. may determine whether such employee
10 and/ or volunteer may conti nue to provi de servi ces under thi s Agreement and
11 shall provide notice of such determination to CONTRACTOR in writing.
12 CONTRACTOR's failure to comply with ADMINISTRATOR's decision shall be deemed a
13 material breach of this Agreement, pursuant to Paragraph 16, above.
14 25. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING
15 CONTRACTOR shall estab 1 ish a procedure acceptable to ADMINISTRATOR to
16 ensure that all employees, volunteers. consultants, or agents performing
17 servi ces under thi s Agreement report chi 1 d abuse or negl ect to a chi 1 d
18 protective agency as defined in Penal Code Section 11165.9 and dependent adult
19 abuse as defined in Section 15630 (a) of the Welfare and Institutions Code,
20 and elder abuse as defined in Section 15610.07 of the Welfare and Institutions
21 Code, to an adult protection agency. CONTRACTOR shall require such employee.
22 volunteer, consultant or agent to sign a statement acknowledging the reporting
23 requi rements as defi ned in Secti on 11166 of the Ca liforni a Pen a 1 Code and wi 11
24 comply with the provisions of the code section as it now exists or as it may
25 hereafter be amended.
26 26. CONFIDENTIALITY
27 26.1 CONTRACTOR agrees to maintain the confidentiality of its records
28 pursuant to Welfare and Institutions Code Sections 827 and 10850-10853. the
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1 CDSS Manual of Policies and Procedures, Division 19-000, and all other
2 provisions of law, and regulations promulgated thereunder relating to privacy
3 and confidentiality, as each may now exist or be hereafter amended.
4 All records and information concerning any and all persons
5 referred to CONTRACTOR by COUNTY or COUNTY's designee shall be considered and
6 kept confi denti a 1 by CONTRACTOR, CONTRACTOR's staff, agents, employees and
7 vo 1 unteers . CONTRACTOR shall requi re a 11 of its employees, agents,
8 subcontractors and volunteer staff who may provi de servi ces for CONTRACTOR
9 under thi s Agreement to sign an agreement wi th CONTRACTOR before commenci ng
10 the provision of any such services, to maintain the confidentiality of any and
11 all materi a 1 sand i nformat i on wi th whi ch they may come into contact, or the
12 identities or any identifying characteristics or information with respect to
13 any and all participants referred to CONTRACTOR by COUNTY, except as may be
14 requi red to provi de servi ces under thi s Agreement or to those specifi ed in
15 thi s Agreement as havi ng the capacity to audi t CONTRACTOR, and as to the
16 1 atter, only duri ng such audit. CONTRACTOR sha 11 comply wi th any audits
17 specified in Paragraph 23, provide reports and any other information required
18 by COUNTY in the administration of this Agreement, and as otherwise permitted
19 by law.
20 26.2 CONTRACTOR shall inform all of its employees, agents,
21 subcontractors, volunteers and partners of this provision and that any person
22 knowingly and intentionally violating the provisions of said State law may be
23 guilty of a crime.
24 26.3 CONTRACTOR agrees that any and all subcontracts entered into shall
25 be subject to the confidentiality requirements of this Agreement.
26 27. COPYRIGHT ACCESS
27 The Department of Health and Human Services, the California Department
28 of Soci a 1 Servi ces, and COUNTY shall have a roya lty- free, nonexc 1 usi ve and
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1 i rrevocab 1 e 1 i cense to pub 1 i sh, trans 1 ate, or use, now and hereafter, all
2 material developed under this Agreement including those covered by copyright,
3 28. WAIVER
4 No delay or omission by either party hereto to exercise any right or
5 power accruing upon any noncompl iance or default by the other party with
6 respect to any of the terms of this Agreement shall impair any such right or
7 power or be construed to be a waiver thereof. A waiver by either of the
8 parties hereto of any of the covenants, conditions, or agreements to be
9 performed by the other shall not be construed to be a waiver of any succeeding
10 breach thereof or of any other covenant, condition or agreement herein
11 contained.
12 29. PETTY CASH
13 CONTRACTOR is authorized to establish a petty cash fund in an amount not
14 to exceed two hundred and fifty dollars ($250.00).
15 30, PUBLICITY
16 Informati on and soli citat ions, prepared and released by CONTRACTOR,
17 concerni ng the servi ces provi ded under thi s Agreement, sha 11 state that the
18 program, wholly or in part. is funded through COUNTY, State and Federal
19 government funds.
20 31. COUNTY RESPONSIBILITIES
21 ADMINISTRATOR will provide consultation and technical assistance, and
22 will monitor performance of CONTRACTOR in meeting the terms of this Agreement.
23 32. REPORTS
24 CONTRACTOR shall mai ntai n records and submit reports contai ni ng such
25 data and information regarding the performance of CONTRACTOR's services, costs
26 or other data relating to this Agreement as may be requested by ADMINISTRATOR,
27 upon a form approved by ADMINISTRATOR. ADMINISTRATOR may modify the
28 provisions of this paragraph upon written notice to CONTRACTOR.
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1 33. ENERGY EFFICIENCY STANDARDS
2 CONTRACTOR shall comply with such mandatory standards and policies
3 relating to energy efficiency as particularized in the State Energy
4 Conservation Plan. (Title 24. California Code of Regulations). as required by
5 the U.S. Energy Policy and Conservation Act (P.L. 94-163) as each may now
6 exist or be hereafter amended.
7 34. ENVIRONMENTAL PROTECTION STANDARDS
8 CONTRACTOR shall be in compliance with Section 306 of the Clean Air Act
9 [42 USC 1857(h)J. Section 508 of the Clean Water Act (33 USC 1368). Executive
10 Order 11738 and Envi ronmenta 1 Protection Agency. herei nafter referred to as
11 "EPA". regulations (40 CFR. Part 15) as any may now exist or be hereafter
12 amended. Under these laws and regulations, CONTRACTOR assures that:
13 34.1 No facility to be utilized in the performance of the proposed
14 grant has been listed on the EPA List of Violating Facilities;
15 34.2 It will notify COUNTY pri or to award, of the recei pt of any
16 communication from the Director, Office of Federal Activities, U.S. EPA,
17 indicating that a facility to be utilized for the grant is under consideration
18 to be listed on the EPA List of Violating Facilities;
19 34.3 It will notify COUNTY and the EPA about any known violation of the
20 above laws and regulations.
21 35. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
22 CERTAIN FEDERAL TRANSACTIONS
23 CONTRACTOR shall be in compliance with Section 319 of Public Law 101-121
24 pursuant to 31 U.S.C. 1352 and the guidelines with respect to those provisions
25 set down by the Federal Office of Management and Budget and published in the
26 Federal Register dated December 20, 1989, Volume 54, No. 243. pp. 52306-52332.
27 Under these laws and regulations, it is mutually understood that any contract
28 which utilizes federal monies in excess of $100.000 must contain and
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1 CONTRACTOR must comply with the following provisions:
2 A. The definitions and prohibitions contained in the clause at
3 FAR 52.203-12, Limitation on Payments to Influence Certain Federal
4 Transactions. included in this solicitation. are hereby incorporated by
5 reference in paragraph (B) of this certification.
6 B. The offeror, by signing its offer, hereby certifies to the
7 best of his or her knowledge and belief as of December 23, 1989 that
8 1) No Federa 1 appropri ated funds have been pa i d or wi 11
9 be paid to any person for influencing or attempting to influence an officer or
10 emp 1 oyee of any agency. a Member of Congress. an offi cer or employee of
11 Congress. or an employee of a Member of Congress on hi s or her beha 1 fin
12 connection with the awarding of any Federal contract, the making of any
13 Federal grant. the making of any Federal loan. the entering into of any
14 cooperative agreement, and the extension. continuation, renewal, amendment or
15 modification of any Federal contract, grant, loan. or cooperative agreement;
16 2) If any funds other than Federal appropri ated funds
17 (including profit or fee received under a covered Federal transaction) have
18 been pai d, or will be pai d. to any person for i nfl uenci ng or attempti ng to
19 i nfl uence an offi cer or employee of any agency. a Member of Congress, an
20 officer or employee of Congress. or an employee of a Member of Congress on his
21 or her behalf in connection with this solicitation. the offeror shall complete
22 and submit. with its offer, OMB standard form LLL. Disclosure of Lobbying
23 Activities. to the Contracting Officer; and
24 3) He or she wi 11 i ncl ude the 1 anguage of thi s
25 certification in all subcontract awards at any tier and require that all
26 reci pi ents of subcontract awards in excess of $100.000 sha 11 certi fy and
27 disclose accordingly.
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Submission of this certification a1d disclosure is a
prerequisite for making or entering into this contrad imposed by Section
I
Any person who rakeS an expendi ture
prohibited under this provision or who fails to file or amend the disclosure
C.
1352. Tit 1 e 31. Uni ted States Code.
form to be filed or amended by this provision. shall be subject to a civil
penalty of not less than S10,OOO. and not more than S100.000, for each such
failure.
8 36. POLITICAL ACTIVITY
9 CONTRACTOR agrees that the funds provi ded herei n sha 11 not be used to
10 promote. directly or indirectly, any political party. political candidate or
11 political activity. except as permitted by law.
12 37. TERMINATION PROVISIONS
13 37.1 ADMINISTRATOR may termi nate thi s Agreement without penalty
14 immediately with cause or after thirty (30) days' written notice without
15 cause. unless otherwise specified. Notice shall be deemed served on the date
16
17
of mailing.
Cause shall be defined as any breach of contract. any
misrepresentation or fraud on the part of the CONTRACTOR.
Exerci se by
18 ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of
19 all further obligation under this Agreement.
20
37.2 Upon termination. or notice thereof. CONTRACTOR agrees to
21 cooperate with ADMINISTRATOR in the orderly transfer of service
22 responsibilities. active case records; and pertinent documents.
23 37.3 The obligations of COUNTY under this Agreement are contingent upon
24 the availability of Federal and/or State funds. as applicable, for the
25 reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds
26 for the services hereunder in the budget approved by the Orange County Board
27 of Supervisors each fiscal year this Agreement remains in effect or operation.
28 In the event that such fundi ng is termi nated or reduced. ADMINISTRATOR may
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1 immediately terminate this Agreement. reduce COUNTY's maximum obligation. or
2 modify this Agreement. without penalty. The decision of ADMINISTRATOR shall
3 be binding on CONTRACTOR. ADMINISTRATOR shall provide CONTRACTOR with written
4 notification of such determination. CONTRACTOR shall immediately comply with
5 ADMINISTRATOR's decision.
6 38. GOVERNING LAW AND VENUE
7 This Agreement has been negotiated and executed in the state of
8 California and shall be governed by and construed under the laws of the state
9 of California. In the event of any legal action to enforce or interpret this
10 Agreement. the sole and exclusive venue shall be a court of competent
11 jurisdiction located in Orange County. California. and the parties hereto
12 agree to and do hereby submi t to the juri sdi cti on of such court.
13 notwithstanding Code of Civil Procedure Section 394. Furthermore. the parties
14 specifically agree to waive any and all rights to request that an action be
15 transferred for trial to another county.
16 39. SIGNATURE IN COUNTERPARTS
17 The parties agree that separate copies of this Agreement may be signed
18 by each of the parties and this Agreement will have the same force and effect
19 as if the original had been signed by all the parties.
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
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1 . WHEREFORE, the parties hereto have executed this Agreement in the County
2 of Orange, California.
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By:
COUNTY OF ORANGE
CHAIRMAN OF THE BOARD
OF SUPERVISORS
. kl<. DAlIlD N.ef1\1-1
C Y OF SANTA ANA
CITY MANAGER
By:
Dated:
Dated:
ATTEST:
APPROVED AS TO FORM:
, -
~',-~
LISA STORCK
ASSISTANT CITY ATTORNEY
By:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
ATTEST:
:::"{!i e~
PATRICIA WHITAKER
EXECUTIVE ASSISTANT
COMMUNITY DEVELOPMENT AGENCY
DARLENE J. BLOOM
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM
COUNTY COUNSEL
COUNTY OF ORANGE. CALIFORNIA
By: ;44,i-LJ;I. 4~
DEPUTY
26 Dated: Ap':' 2-6 , Ul/) (p
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EXHIBIT A
TO
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF WELFARE-TO-WORK EMPLOYMENT SERVICES
COMMUNITY SERVICE ACTIVITIES
1. POPULATION TO BE SERVED
1.1 The population to be served Consists of CalWORKs Welfare-To-Work
(WTW) participants who:
1.1.1 Are deemed suitable for this activity by ADMINISTRATOR;
1.1.2 Have not found unsubsidized employment sufficient to meet
minimum required hours of participation;
1.1. 3 Continue to meet Ca 1 WORKs fi nanci ale 1 i gi bi 1 i ty criteri a;
and
1.1.4 Currently reside within the city limits of Santa Ana.
1.2 CONTRACTOR agrees to serve only participants in the CalWORKs WTW
Program referred to CONTRACTOR by COUNTY under this Agreement. It is mutually
understood that all services are for the purpose of WTW participants achieving
self-sufficiency within the CalWORKs time constraints.
1.3 CalWORKs participants will be required to participate in Community
Service activities for the required 32/35 hours. unless fewer hours of
Community Service participation are required by law.
2. WORKLOAD STANDARDS
2.1 CONTRACTOR's work load goa 1 s with respect to Exhi bit A to thi s
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Agreement are as follows:
2.1.1 Each One-Stop Case Manager sha 11 carry a maxi mum case load
of forty (40) Community Service participants.
2.2 CONTRACTOR and ADMINISTRATOR may agree in writing to modify
workload goals as set forth in this paragraph.
3. SERVICES
3.1 CONTRACTOR shall provide WTW participants with Community Service
activities necessary to remove barriers to subsequent employment. These
act i vit i es wi 11 be provi ded to parti ci pants referred by COUNTY to the SANTA
ANA Workforce Investment Board (WIB), a division of CONTRACTOR. CONTRACTOR
sha 11 cooperate with the Ca 1 iforni a Department of Soci a 1 Servi ces (CDSS) on
the implementation of Community Service activities to the mutual satisfaction
of COUNTY and CDSS, and wi th any and all future requi rements estab 1 i shed by
CDSS relating to calculation of required Community Service participation hours
for each participant. Removal of barriers to employment shall be accomplished
by a variety of methods, including but not limited to the following:
3.1.1 Working with participants, the MDT, and educational
providers to develop job training and employment related interpersonal skills
in one of the following areas identified as growth oriented; meeting an unmet
community need; and in high demand for new employees:
3.1.1.1 Automation Technician (Data Entry)
3.1.1.2 Certified Nurse Assistant
3.1.1.3 Child Care Provider (Day Care Center)
3.1.1.4 Clerical
3.1.1.4.1 General Clerical
3.1.1.4.2 Health Services Clerical
Domestic Care Giver
Food Services
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1 3.1.1.7 Hospitality
2 3.1.1.8 Protective Services
3 3.1.1.9 Transportation
4 ADMINISTRATOR may, in its sole discretion, revise the
5 career areas identified in this paragraph.
6 3.1.2 CONTRACTOR shall make every attempt to engage participants
7 and i nvo 1 ve them in the development of a Communi ty Servi ce Pl an that meets
8 their 32/35-hour WTW participation requirement. In formulating that plan,
9 CONTRACTOR sha 11 take into account the part i ci pant's WTW Pl an. COUNTY WTW
10 staff will retain sole responsibility for final development and approval of
11 the participant's Community Service Plan.
12 3.2 COUNTY shall retain any and all rights to require pre-approval by
13 ADMINISTRATOR and/or limit any and all services provided by CONTRACTOR.
14 Services shall be provided in accordance with ADMINISTRATOR's policies and
15 procedures and other instructions provided by ADMINISTRATOR.
16 3.3 ADMINISTRATOR may, in its sole discretion, change the services
17 required under Subparagraph 3.1 to ensure full compliance with all
18 requirements if the State of California Department of Social Services (CDSS)
19 requi res subsequent changes to the County of Orange Communi ty Servi ce Pl an,
20 changes to Community Service requirements under the Welfare and Institutions
21 Code, CDSS regulations or Manual of Policies and Procedures.
22 4. ADDITIONAL CONTRACTOR RESPONSIBILITIES
23 4.1 Welfare Fraud:
24 4.1.1 If welfare e 1 i gi bil i ty of support servi ces payment fraud
25 is suspected of the participant, CONTRACTOR shall report the suspected fraud
26 to COUNTY or COUNTY's contracted CalWORKs WTW Case Manager.
27 4.1. 2 If servi ce provi der fraud is suspected, CONTRACTOR sha 11
28 report, in writing, the suspected fraud to ADMINISTRATOR.
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1 4.2 Complaint Response:
2 4.2.1 CONTRACTOR shall develop, operate, and maintain procedures
3 for recei vi ng. i nvesti gati ng, and respondi ng to servi ce provi der and
4 participant complaints, including Civil Rights complaints. CONTRACTOR shall
5 provide ADMINISTRATOR, in a form approved by ADMINISTRATOR, information
6 pertaining to such complaints within two (2) business days of the complaint.
7 4.3 Outside Contacts:
8 4.3.1 CONTRACTOR sha 11 i mmedi ate ly inform COUNTY's WTW Program
9 Manager, or a designee, of any inquiries from elected officials, their
10 representatives, participant advocates, or the press, and immediately provide
11 information permitting ADMINISTRATOR to respond.
12 4.3.2 CONTRACTOR shall consult with COUNTY's WTW Program
13 Manager, or a desi gnee, pri or to i ni ti ati ng contact with elected offi ci a Is,
14 their representatives, participants advocates of the press.
15 4.4 Utilizing Computer Information Systems (CIS):
16 4.4.1 COUNTY sha 11 provi de CONTRACTOR wi th access to the CIS.
17 CONTRACTOR shall use the CIS to retrieve referrals for services to be
18 provided. COUNTY shall provide a designated number of CONTRACTOR's personnel
19 with sufficient training necessary to access and inquire on current client
20 data, track cases, communicate with COUNTY, etc. CONTRACTOR, in turn, shall
21 provide this training to any subcontractors that will have on-line access to
22 CIS.
23 4.4.2 CONTRACTOR sha 11 ensure that its personnel understand the
24 uses of the CIS and follow ADMINISTRATORS related procedure.
25 5. FORMS
26 5.1 ADMINISTRATOR shall provide CONTRACTOR with a camera-ready copy of
27 a 11 mandated forms. CONTRACTOR sha 11 dup 1 i cate and di stri bute the forms to
28 subcontractors as needed.
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6.
FACILITIES
6.1 Services under this Agreement shall be provided at:
Santa Ana WORK Center
1000 E. Santa Ana Blvd.
Santa Ana. CA 92701
6.2 CONTRACTOR and ADMINISTRATOR may agree in writing to add. change.
6 modify. or delete facility location(s) as necessary to best serve the needs
7 of participants and ADMINISTRATOR.
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7.
CASE RECORDS
7.1 CONTRACTOR shall maintain a current and complete electronic case
10 record for each participant referred. CONTRACTOR shall also maintain a hard
11 copy case record as well. The contents of the hard copy case records will be
12 in a format approved by ADMINISTRATOR and will be uniform among subcontractors
13 and other educational providers.
14
7.2 Such information shall be treated as confidential and released
15 only to ADMINISTRATOR as required or to others upon the written approval of
16 ADMINISTRATOR.
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7.3 CONTRACTOR shall obtain. and maintain in the case record. a
18 wri tten release from the part i ci pant that i ndi cates informed consent and
19 authorizes the exchange of confidential information among CONTRACTOR. MDT. and
20 subcontractors or other educati ona 1 provi ders. The wri tten release shall be
21 on a form approved by ADMINISTRATOR. All subcontractors shall treat all
22 confidential information in the same manner as CONTRACTOR. and in adherence to
23 the terms of this Agreement.
24 7.4 CONTRACTOR wi 11 communi cate c 1 i ent progress to the Ca 1 WORKs Case
25 Worker in a format approved by ADMINISTRATOR.
26
8.
REPORTS
27 8.1 CONTRACTOR shall prepare and submit to ADMINISTRATOR's designated
28 staff written reports. including. but not limited to:
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8.1.1 Number of new cases referred each month;
8.1. 2 Number of parti ci pants who attended c 1 asses/recei ved
services each month, by service type and provider:
8.1.3 Number of cases closed each month;
8.1.4 Number of cases pending at the end of each month;
8.1.5 Number of cases completing training; and
8.1.6 Number of cases obtaining unsubsidized employment.
8. 2 All reports shall be prepared in a format approved by
ADMINISTRATOR.
8.3 ADMINISTRATOR may, in it's sole discretion, add, delete, modify or
waive individual reporting requirements as stated in this Paragraph.
9. PERFORMANCE REVIEW
9.1 ADMINISTRATOR may use a vari ety of methods to eva 1 uate
CONTRACTOR's performance including, but not limited to;
9.1.1 Random sampling of program activities including a review
of case files:
9.1.2 Activity checklists and random observations;
9.1.3 Inspection of output items on a periodic basis as deemed
necessary;
9.1.4 Management Information Systems (MIS) reported results:
9.1.5 WTW participant complaints and/or WTW participant
questionnaires; and
9.1.6 Subcontractor complaints or reports.
9.2 ADMINISTRATOR may require CONTRACTOR to provide office space for
designated ADMINISTRATOR' staff assigned to conduct performance reviews.
9.3 In the event that CONTRACTOR performs servi ces unsati sfactori ly,
ADMINISTRATOR may require a corrective plan. CONTRACTOR shall comply with any
such corrective action plan within the time specified by ADMINISTRATOR.
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1 10. STAFF TRAINING
2 10.1 ADMINISTRATOR shall provide CONTRACTOR with written program
3 requi rements. i nc 1 udi ng pol i ci es and genera 1 procedures, as requi rements are
4 revised or new policies are developed.
5 10.2 ADMINISTRATOR staff will provide initial training to a designated
6 number of CONTRACTOR's staff with respect to CalWORKs regulations.
7 ADMINISTRATOR's policies and procedures. and use of the CIS. Subsequent
8 training must be conducted by CONTRACTOR.
9 10.3 CONTRACTOR shall ensure that its staff receives training to
10 understand cultural differences among groups of participants. and to
11 effectively recognize and intervene to overcome any language and/or cultural
12 barriers to employment that may be evident.
13 10.4 CONTRACTOR shall designate a staff person to maintain a log of in-
14 house training activities and participants.
15 11. HOURS OF OPERATION
16 11.1 At a minimum. CONTRACTOR shall maintain business hours of Monday
17 through Fri day from the hours of 8: 00 a. m. to 5: 00 p. m. (COUNTY ho 1 i days
18 exc 1 uded) as well as schedul ed eveni ng and weekend hours to best meet the
19 needs of participants and their families.
20 12. BUDGET FOR PROVISION OF COMMUNITY SERVICE ACTIVITIES
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12.1 The budget for servi ces provi ded pursuant to Exhi bi t A of thi s
Agreement is set forth as follows:
Max. Hrly
Wage(!)
$ 22.16
27.08
FTE1Zl
1. 00
0.03
FY05-06 Cost
$ 51.336
1.944
53.280
17.375
$ 70.655
Salaries and Benefits
Case Manager
Fiscal Specialist
Subtotal
Salaries
Benefitsl3l
Total Salaries and Benefits
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Expenses
1,025
1. 770
41
600
4,820
8.256
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term of thi s
Telecommunications
User Fee
Office Supplies $
IT Servi ces $
Indirect Costs $
Subtotal Expenses $
Maxi mum County Ob 1 i gat ion $
(1)Maxi mum hourly rate whi ch wi 11 be permi tted duri ng the
Agreement; employees may be paid at less than maximum rate.
(2)For hourly employees, Full-Time Equivalent (FTE) is defined as the
amount of time (stated as a percentage) the position will be providing
services under the terms of this Agreement. This percentage is based upon a
40-hour work week. For salaried employees, Full-Time Equivalent (FTE) is
defined as the amount of time (stated as a percentage) the position will be
paid for under the terms of this Agreement, regardless of the number of hours
actually worked.
(3)Medi ca 1 , long term disability. reti rement .pensi on . employee
assistance, FICA. SUI. Worker's Compensation and vacation accrual.
12.2 CONTRACTOR and ADMINISTRATOR may agree in writing to add, delete
or otherwise modify individual line items and/or amounts and/or the number and
type of FTE positions without changing COUNTY's maximum obligation under this
Agreement.
13. STAFF
CONTRACTOR. through the WIB, shall be responsible for providing
competent staff to fulfi 11 the terms of thi s Agreement. Contractor shall
provide an adequate number of bilingual staff as needed to provide services.
All CONTRACTOR's staff shall be able to read. write. speak and understand
English. CONTRACTOR shall provide the following described staff positions:
13.1 Case Manager
13. 1. 1 Dut i es :
13.1.1.1 Assist participants in defining and pursuing
career goals.
Assess. advise and direct participants on job search
techniques.
Prepare written reports on placement efforts. education and
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1 worksite contact. and program effectiveness.
2 13.1. 2 Qua 1 ifi cat ions:
3 13.1.2.1 Knowledge of problems participants have seeking
4 employment. various alternative programs. and program effectiveness.
5 13.1.2.2 Ability to communicate effectively with
6 participants and employers: follow up leads on own initiative. match
7 participant capabilities with placement opportunities. and direct participants
8 to the most appropri ate placement: estab 1 i sh and mai ntai n effective worki ng
9 re 1 ati onshi ps wi th employers and worksi te supervi sors. parti ci pants. other
10 City employees and the general public.
11 13.2 Fiscal Specialist
12 13.2.1 Out i es :
13 13 .2.1.1 Authori ze payments of i nvoi ces; enter and
14 maintain payroll records; prepare contracts for all programs; monitor program
15 operators for fiscal compliance.
16 13.2.2 Qua 1 ifi cat ions:
17 13.2.2.1 Minimum of one (1) year experience in
18 accounting. budgeting or monitoring/analyzing funding programs. and graduation
19 from an accredited four-year college or university with a degree in
20 accounting. finance. business administration. or related field.
21 ///
22 ///
23 / / /
24 / / /
25 ///
26 ///
27 ///
28 / / /
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1 EXHIBIT B
2 m
3 AGREEMENT
4 BETWEEN
5 COUNTY OF ORANGE
6 AND
7 CITY OF SANTA ANA
8 FOR THE PROVISION OF WElFARE-TO-WORK EMPLOYMENT SERVICES
9 WORK EXPERIENCE ACTIVITIES
10
11 1. POPULATION TO BE SERVED
12 1.1 The population to be served consists of CalWORKs Welfare-To-Work
13 (WTW) participants who:
14 1.1.1 Are deemed suitable for this activity by ADMINISTRATOR:
15 1.1. 2 Have not found unsubsi di zed employment suffi ci ent to meet
16 minimum required hours of participation:
17 1.1.3 Continue to meet CalWORKs financial eligibility criteria:
18 and
19 1.1.4 Currently reside within the city limits of Santa Ana.
20 1.2 CONTRACTOR agrees to serve only participants in the WTW Program
21 referred to CONTRACTOR by COUNTY under this Agreement. It is mutually
22 understood that all services are for the purpose of WTW participants achieving
23 self-sufficiency within the CalWORKs time constraints.
24 1.3 CalWORKs participants will be required to participate in Work
25 Experience activities for the required 32/35 hours. unless fewer hours of WTW
26 participation are required by law.
27 2. WORKLOAD STANDARDS
28 2.1 CONTRACTOR' s workload goals with respect to Exhi bi t B to thi s
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1 Agreement are as follows:
2 2.1.1 Each Case Manager shall monitor a maximum of forty (40)
3 Work Experience (WEX) participants.
4 2.2 CONTRACTOR and ADMINISTRATOR may agree in writing to modify
5 workload goals as set forth in this paragraph.
6 3. SERVICES
7 3.1 CONTRACTOR shall provide WTW participants with WEX activities
8 necessary to remove barriers to subsequent employment. These activities will
9 be provided to participants referred by COUNTY to the SANTA ANA Workforce
10 Investment Board (WIB), a division of CONTRACTOR. CONTRACTOR shall cooperate
11 with the California Department of Social Services (CDSS) on the implementation
12 of WEX activities to the mutual satisfaction of COUNTY and CDSS, and with any
13 and all future requirements established by CDSS relating to calculation of
14 required WTW participation hours for each participant. Removal of barriers to
15 employment shall be accomplished by a variety of methods.
16 3.1.1 CONTRACTOR shall make every attempt to engage participants
17 and involve them in the development of a WEX activity that meets their 32/35-
18 hour WTW participation requirement. COUNTY WTW staff will retain sole
19 responsi bil i ty for fi na 1 development and approva 1 of the parti ci pant's WTW
20 Plan.
21 3.2 COUNTY shall retain any and all rights to require pre-approval by
22 ADMINISTRATOR and/or limit any and all services provided by CONTRACTOR.
23 Services shall be provided in accordance with ADMINISTRATOR's policies and
24 procedures and other instructions provided by ADMINISTRATOR.
25 3.3 ADMINISTRATOR may, in its sole discretion, change the services
26 requi red under Subparagraph 3.1 to ensure full comp 1 i ance wi th all
27 requirements if the State of California Department of Social Services (CDSS)
28 requires subsequent changes to the County of Orange CalWORKs Plan, changes to
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1 WTW requirements under the Welfare and Institutions Code, CDSS regulations or
2 Manual of Policies and Procedures.
3 4. ADDITIONAL CONTRACTOR RESPONSIBILITIES
4 4.1 Welfare Fraud:
5 4.1.1 If welfare eligibility of support services payment fraud
6 is suspected of the participant, CONTRACTOR shall report the suspected fraud
7 to COUNTY or COUNTY's contracted CalWORKs WTW Case Manager.
8 4,1. 2 If servi ce provi der fraud is suspected, CONTRACTOR sha 11
9 report, in writing, the suspected fraud to ADMINISTRATOR.
10 4.2 Complaint Response:
11 4.2,1 Contractor shall develop. operate. and maintain procedures
12 for recei vi ng, i nvesti gat i ng. and respondi ng to servi ce provi der and
13 parti ci pant comp 1 a i nts. i nc 1 udi ng Ci vi 1 Ri ghts comp 1 ai nts. CONTRACTOR sha 11
14 provide ADMINISTRATOR. in a format approved by ADMINISTRATOR. information
15 pertaining to such complaints within two (2) business days of the complaint.
16 4.3 Outside Contacts:
17 4.3.1 CONTRACTOR sha 11 immedi ate ly inform COUNTY' s WTW Program
18 Manager. or a designee. of any inquiries from elected officials. their
19 representatives. participant advocates, or the press, and immediately provide
20 information permitting ADMINISTRATOR to respond.
21 4.3.2 CONTRACTOR shall consult wi th COUNTY's WTW Program
22 Manager. or a designee. prior to initiating contact with elected officials.
23 their representatives, participants advocates of the press,
24 4.4 Utilizing Computer Information Systems (CIS):
25 4.4.1 CONTRACTOR shall use COUNTY provided CIS to receive
26 referra 1 s and to record data regardi ng servi ces provi ded. COUNTY sha 11
27 provide a designated number of CONTRACTOR's personnel with sufficient training
28 necessary to operate the equipment. track cases, generate requi red reports.
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1 etc. CONTRACTOR. in turn. shall provide this training to any subcontractors
2 that will have on-line access to CIS. COUNTY shall provide and maintain the
3 necessary data processing equipment. including personal computers. CONTRACTOR
4 shall provide a secure location for such equipment.
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4.4.2 CONTRACTOR sha 11 ensure that its personnel understand the
6 uses of CIS and follow CIS procedure.
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5.
FORMS
5.1 ADMINISTRATOR shall provide CONTRACTOR with a camera-ready copy of
9 a 11 mandated forms. CONTRACTOR sha 11 dup 1 i cate and di stri bute the forms to
10 subcontractors as needed.
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6.
FACILITIES
6.1 Services under this Agreement shall be provided at:
Santa Ana WORK Center
1000 E. Santa Ana Blvd.
Santa Ana. CA 92701
6.2 CONTRACTOR and ADMINISTRATOR may agree in writing to add. change.
16 modify. or delete faci 1 i ty 1 ocati on (s) as necessary to best serve the needs
17 of participants and ADMINISTRATOR.
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7.
CASE RECORDS
7.1 CONTRACTOR shall update the electronic case record and meet data
20 entry requi rements for the record of each participant referred. CONTRACTOR
21 shall also maintain a hard copy case record as well. The contents of the hard
22 copy case records wi 11 be in a format approved by ADMINISTRATOR and wi 11 be
23 uniform among subcontractors and other educational providers.
24
7.2 Such i nformati on shall be treated as confi dent i a 1 and released
25 only to ADMINISTRATOR as required or to others upon the written approval of
26 ADMINISTRATOR.
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7.3 CONTRACTOR shall obtain. and maintain in the case record. a
28 wri tten release from the parti ci pant that i ndi cates informed consent and
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authorizes the exchange of confidential information among CONTRACTOR, MDT, and
subcontractors or other educational providers. The written release shall be
on a form approved by ADMIN ISTRATOR . All subcontractors sha 11 treat all
confidential information in the same manner as CONTRACTOR, and in adherence to
the terms of this Agreement.
8. REPORTS
8.1 CONTRACTOR shall prepare and submit to ADMINISTRATOR's designated
staff written reports, including, but not limited to:
8.1.1 Number of new cases referred each month;
8.1. 2 Number of parti ci pants who recei ved servi ces each month,
by service type and provider;
8.1.3 Number of cases closed each month;
8.1.4 Number of cases pending at the end of each month;
8.1.5 Number of cases completing training; and
8.1. 6 Number of cases obtaining unsubsidized employment.
8.2 All reports shall be prepared in a format approved by
ADMINISTRATOR.
8.3 ADMINISTRATOR may, in it's sole discretion, add, delete, modify or
waive individual reporting requirements as stated in this Paragraph.
9. PERFORMANCE REVIEW
9.1 ADMINISTRATOR may use a variety of methods to evaluate
CONTRACTOR's performance including, but not limited to:
9.1.1 Random sampling of program activities including a review
of case files;
9.1.2 Activity checklists and random observations;
9.1.3 Inspection of output items on a periodic basis as deemed
necessary;
9.1.4 Management Information Systems (MIS) reported results:
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1 9.1.5 WTW participant complaints andlor WTW participant
2 questionnaires; and
3 9.1.6 Subcontractor complaints or reports.
4 9.2 ADMINISTRATOR may requi re CONTRACTOR to provide office space for
5 designated ADMINISTRATOR staff assigned to conduct performance reviews.
6 9.3 In the event that CONTRACTOR performs servi ces unsati sfactori ly ,
7 ADMINISTRATOR may require a corrective plan. CONTRACTOR shall comply with any
8 such corrective action plan within the time specified by ADMINISTRATOR
9 10. STAFF TRAINING
10 10.1 COUNTY shall provide CONTRACTOR with written program requirements,
11 including policies and general procedures, as requirements are revised or new
12 policies are developed.
13 10.2 COUNTY staff will provide initial training to a designated number
14 of CONTRACTOR's staff with respect to CalWORKs regulations, ADMINISTRATOR's
15 po 1 i ci es and procedures, and use of the CIS. Subsequent trai ni ng must be
16 conducted by CONTRACTOR.
17 10.3 CONTRACTOR shall ensure that its staff receives training to
18 understand cultural differences among groups of participants, and to
19 effectively recognize and intervene to overcome any language andlor cultural
20 barriers to employment that may be evident.
21 10.4 CONTRACTOR shall designate a staff person to maintain a log of in-
22 house training activities and participants.
23 11. HOURS OF OPERATION
24 11.1 At a minimum, CONTRACTOR shall maintain business hours of Monday
25 through Fri day from the hours of 8: 00 a. m. to 5: 00 p. m. (COUNTY ho 1 i days
26 exc 1 uded) as well as schedul ed eveni ng and weekend hours to best meet the
27 needs of participants and their families.
28 III
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1 12. BUDGET FOR PROVISION OF WORK EXPERIENCE ACTIVITIES
2 The budget for services provided pursuant to Exhibit B of this Agreement
3 is set forth as fo 11 ows :
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Salaries and Benefits
Intake Specialist
Receptionist
Case Manager
Job Developer
Fiscal Specialist
Workforce Specialist IV
Subtotal Salaries
Benefits(3J
Subtotal Salaries and Benefits
Operations
Communications
User Fee
Office Supplies
Equipment Rental
Office Operations
Indirect Costs
Subtotal Operations
Participant Costs
Wages
Support Services
Transportation
Subtotal Participant Costs
Max. Hrly.
Wage(l)
$ 18.77
18.77
26.95
24.44
27.08
33.57
FTE(2J
0.15
0.10
1. 00
0.50
0.10
0.10
FY05-06 Cost
$ 7.005
4.670
64 .481
29.900
6.480
8.455
120.991
27.392
$ 148.383
$
1.120
8.000
1.109
2.195
1.250
10.950
24.624
$
236.753
5.000
4.000
245.753
Maximum County Obligation $ 418.760
(l)Maxi mum hourly rate whi ch wi 11 be permi tted duri ng the term of thi s
Agreement; employees may be paid at less than maximum rate.
(2JFor hourly employees. Full-Time Equivalent (FTE) is defined as the
amount of time (stated as a percentage) the position will be providing
servi ces under the terms of thi s Agreement. Thi s percentage is based upon a
40-hour work week. For salaried employees. Full-Time Equivalent (FTE) is
defined as the amount of time (stated as a percentage) the position will be
paid for under the terms of this Agreement. regardless of the number of hours
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actually worked.
(3)Medi ca 1 .
assistance. FICA.
long term disability. retirement. pension.
SUI. Worker's Compensation and vacation accrual.
employee
3 12.1 CONTRACTOR and ADMINISTRATOR may agree in writing to add. delete
4 or otherwise modify individual line items and/or amounts and/or the number and
5 type of FTE positions without changing COUNTY's maximum obligation under this
6 Agreement.
7 13. STAFF
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CONTRACTOR. through the WIS. shall be responsible for providing
9 competent staff to fulfill the terms of this Agreement. Contractor shall
10 provide an adequate number of bilingual staff as needed to provide services.
11 All CONTRACTOR's staff shall be able to read. write. speak and understand
12 English. CONTRACTOR shall provide the following described staff positions:
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13.1 Intake Specialist
13. 1.1 Duties:
13.1.1.1 Assist technical and professional staff who
16 administer various federally funded workforce development and training
17 programs. Coordi nate appoi ntments to meet wi th c 1 i ents for techni ci ans and
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case managers.
Contact c 1 i ents after placement to determi ne status. and
monitors performance.
Assist with coordination of training and special
20 events. which includes locating training sites. notifying participants and
21 making any necessary special arrangements. Maintain database and information
22 pertaining to workforce development activities and generates reports as
23 required.
24 13. 1. 2 Qua 1 ifi cat ions:
25
13.1.2.1 One year of work experience involving
26 substantial public contact. in personnel. human services. or workforce
27 development programs.
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13.1. 2.2 Knowl edge of workforce development trai ni ng
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1 programs. perti nent regul at ions. and documentation requi rements; i ntervi ewi ng
2 methods used to obta in i nformat i on from and about part i ci pants; computer
3 app 1 i cati ons and relevant software programs: 1 oca 1 community resources and
4 services having programs designed to assist unemployed individuals.
5 13.2 Receptionist
6 13.2.1 Duties:
7 13.2.1.1 Receive a large volume of visitors and telephone
8 ca 11 s. determi nes nature of bus i ness. di rects ca 11 ers to appropri ate
9 desti nati ons. and takes messages. Answers routine questi ons related to the
10 department. Represents the department on initial contact with the public.
11 13.2.1.2 Compiles. tabulates and assists in the
12 preparation of routine reports. Assists staff in assembling mailings. Keeps
13 records.
14 13.2.2 Qualifications:
15 13.2.2.1 Knowledge of business English and arithmetic:
16 general office practices and procedures: proper telephone etiquette.
17 13.2.2.2 Ability to follow oral and written instructions:
18 learn departmental functions. activities. organizational structure and names
19 of key personnel withi n a short peri od of ti me; handl e a 1 arge volume of
20 incoming calls and visitors promptly, tactfully and equitably: write legibly
21 and use correct grammar; maintain effective working relationships with other
22 employees and the general public.
23 13.3 Case Manager
24 13.3.1 Out i es :
25 13.3.1.1 Assist participants in defining and pursuing
26 career goals. Assess, advise and direct participants on job search
27 techniques. Prepare written reports on placement efforts. education and
28 worksite contact, and program effectiveness.
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1 13.3.2 Qualifications:
2 13.3.2.1 Knowledge of problems participants have seeking
3 employment. various alternative programs. and program effectiveness.
4 13.3.2.2 Ability to communicate effectively with
5 participants and employers; follow up leads on own initiative. match
6 participant capabilities with placement opportunities. and direct participants
7 to the most appropriate placement: establish and maintain effective working
8 relationships with employers and worksite supervisors. participants. other
9 City employees and the general public.
10 13.4 Job Developer
11 13.4.1 Duties:
12 13.4.1.1 Markets services to employers and to job-
13 seekers: maintains contacts within the business community to provide employers
14 with qualified candidates and to become partners in employers' business
15 growth.
16 13.4.1.2 Collects and compiles data; generates detailed
17 technical reports.
18 13.4.2 Qua 1 ifi cat ions:
19 13.4.2.1 One year of progressi ve ly responsi b 1 e workforce
20 development program experience. College level coursework in related subjects
21 may be used in combination with experience to meet the necessary
22 qualifications.
23 13.4.2.2 Knowl edge of state and federa 1 regul ati ons
24 pertaining to workforce development programs. including Welfare-To-Work;
25 pub 1 i c and pri vate agenci es provi di ng resources to assi st with workforce
26 development; community outreach and program marketing.
27 13.5 Fiscal Specialist
28 13.5.1 Out i es :
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1 13.5.1.1 Authori ze payments of i nvoi ces; enter and
2 maintain payroll records; prepare contracts for all programs; monitor program
3 operators for fiscal compliance.
4 13.5.2 Qualifications:
5 13.5.2.1 Minimum of one (1) year experience in
6 accounting, budgeting or monitoring/analyzing funding programs, and graduation
7 from an accredited four-year college or university with a degree in
8 accounting, finance, business administration, or related field.
9 13.6 Workforce Specialist IV
10 13.6.1 Duties;
11 13.6.1.1 Under direction, assists in the planning.
12 deve 1 opment and imp 1 ementati on of workforce development programs, i nc 1 udi ng
13 Welfare- To-Work; staffs Workforce Investment Board; supervi ses, trains, and
14 evaluates assigned staff; directs day-to-day operations of assigned section to
15 ensure achievement of Workforce Investment Act and Welfare-To-Work goals.
16 13.6.2 Qualifications:
17 13.6.2.1 Three years of progressively responsible
18 workforce development program experience, including one year in a supervisor
19 or lead capacity. College level coursework in related subjects may be used in
20 combination with experience to meet the necessary qualifications.
21 13.6.2.2 Knowl edge of objecti ves, practi ces and
22 procedures and state and federal regulations pertaining to workforce
23 development programs, including Welfare-To-Work; employment markets and
24 trends; public and private agencies providing resources to assist with
25 workforce development; principles and practices of marketing, public relations
26 and strategies for community outreach; principles and practices of contract
27 implementation and monitoring; methods of data collection and analysis;
28 budgeting methods and processes; principles and practices of supervision.
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