HomeMy WebLinkAboutO'REILLY & ASSOCIATES - 2009A-2009-191
INSURANCE UN FILE
WORK MAY PflOCEE
UNTIL I~~ISURANCF EXplRE~~
CLERK OF COUNCIL e~
~ naT: ~ ~-~ 3 ~ ` AGREEMENT WITH
\-~ ~' O'REILLY AND ASSOCIATES
~ ~'' UNDER THE WORKFORCE INVESTMENT ACT
nd
~ THIS AGREEMENT, made and entered into this 2 day of November 2009, by and between
~~ O'Reilly and Associates, hereinafter referred to as "CONSULTANT", and the City of Santa Ana, a charter
fl ~ city and municipal corporation duly organized and existing under the Constitution and laws of the State of
~ ~ California, hereinafter referred to as "CITY".
- W-I-T-N-E-S-S-E-T-H
u
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under the
Workforce Investment Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs operated
by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare
economically disadvantaged adults, dislocated workers and youth for entry into the labor market and to
provide job training to those individuals who are economically disadvantaged or otherwise face serious
barriers in obtaining productive employment. One goal of California's Workforce Investment System is to
provide individuals with the opportunities to achieve career goals that will allow them to successfully
compete in the labor market and prepare them for higher education.
D. CONSULTANT is experienced in assisting with analysis, review and implementation of
plans and policies related to the Santa Ana WORK Center's Service Integration (the "Program"}.
E. CONSULTANT is willing to operate said Program pursuant to the Act and California
law.
WHEREFORE, for and in consideration of the respective and mutual covenants and promises
hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do
hereby agree as follows:
TIME PERIOD OF AGREEMENT
Services under this Agreement shall commence as of November 2, 2009 and all services to be
performed pursuant to this Agreement shall be completed on or before June 30, 2010. The term of this
Agreement may be extended by a writing executed by the Deputy City Manager for Development Services
and the City Attorney.
INDEPENDENT CONTRACTOR
CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of
CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of
the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes,
unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
CONSULTANT shall not subcontract any of the services required hereunder without the prior written
approval of the CITY.
SCOPE OF SERVICES
Consultant shall review the City of Santa Ana WORK Center's Service Integration Plan, measures
and policies, facilitate a meeting with WORK Center management, create a powerpoint presentation and
Action Plan, as well as assisting with challenges and opportunities in this area, as set forth in greater detail in
Exhibit A to this Agreement which is attached hereto and incorporated herein by this reference.
4. CONSULTANT OBLIGATIONS
A. CONSULTANT agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or require
regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not
limited to, participants' attendance, payroll records and job duty statements.
B. CITY, the State of California and the United States government and/or their
representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S
activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors,
bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or
representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also
include, but are not limited to, questioning employees and participants and entering any premises or onto any
site in which any of the services or activities funded hereunder are conducted or in which any of the records
of CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
In the event CONSULTANT does not make the above-referenced documents available within
the City of Santa Ana, California, CONSULTANT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account are
maintained.
All accounting records and evidence pertaining to all costs of CONSULTANT and all
documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business
for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records
which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance
of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the
United States Government take exception, shall be retained beyond the three (3) years until resolution of
disposition of such appeals, litigation, claims, or exceptions.
C. Without prejudice to any other section of this Agreement, CONSULTANT shall,
where applicable, maintain the confidential nature of information provided to it concerning participants in
accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONSULTANT
agrees to submit to CITY, the State of California and/or the United States Government or their
representatives, all records requested for administrative purposes, including audits, examinations, monitoring
and verification of records submitted by CONSULTANT, costs incurred and services rendered hereunder.
D. CONSULTANT agrees to expend all funds in accordance with all applicable federal,
state and local laws and regulations. CONSULTANT also agrees to provide at CONSULTANT'S own
expense supplies and other costs of said PROGRAM.
E. CONSULTANT shall comply with the provisions of 48 CFR, Chapter 1, Parts 1-31.2,
for commercial organizations and all other applicable federal statutes and executive orders and their
implementing regulations.
F. CONSULTANT shall comply with the provisions of E.O. 12549 and 12689, requiring
compliance with the debarment and suspension requirements contained in 29 CFR Part 98.
G. CONSULTANT shall comply with the requirements of federal regulations found at 29
CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract,
grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer
or employee of any agency, member of Congress or an officer or employee of a member of Congress in
connection with awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant,
loan or cooperative agreement. CONSULTANT shall sign a certification to that effect in a form as set forth
in "Exhibit B," attached hereto and by this reference incorporated herein. CONSULTANT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any
obligation arising on the part of CITY to pay any sums to CONSULTANT under the terms and conditions of
this Agreement.
H. CONSULTANT agrees to provide a drug-free work place and to execute a
certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference.
I. CONSULTANT, in accordance with the Child Support Compliance Act, recognizes
and acknowledges the importance of child and family support obligations and shall fully comply with all
state and federal laws relating to child and family support enforcement, including, but not limited to:
disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its
knowledge is fully complying with the earnings assignment orders of all employees and is providing the
names of all new employees to the New Employee Registry maintained by the California Employment
Development Department (EDD).
5. APPLICABLE GUIDELINES
A. The parties hereto agree that CONSULTANT shall comply with all applicable federal
and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said applicable
laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth
herein.
B. CONSULTANT also assures and certifies that:
1. CONSULTANT shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
2. CONSULTANT shall provide the U.S. Department of Labor and the Controller
General, by and through any authorized representative, as well as the Santa Ana Local Workforce Investment
Area's Board, access to and the right to examine all records, books, papers or documents relating to the
accounting and use of funds under this Agreement for athree-year period from and after the effective date of
this Agreement.
3. No person with responsibilities in the operation of any program under the
Workforce Investment Act grant shall discriminate with respect to any program participant or any application
for participation in such program because of race, creed, color, national origin, sex, political affiliation or
beliefs.
4. CONSULTANT shall maintain appropriate standards for health and safety in
work and transportation situations.
5. CONSULTANT shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit D" and incorporated herein.
6. Any literature distributed by CONSULTANT for the purpose of apprising
businesses, participants, or the general public of its programs under this Agreement shall state that its
programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall
state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are
available upon request to individuals with disabilities."
7. CONSULTANT certifies that all property, finished or unfinished documents,
data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be
disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished
to the CONSULTANT by the CITY and/or purchased by the CONSULTANT with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agreement and will remain the property
of the United States Government and/or CITY. Upon termination of this Agreement, CONSULTANT will
immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the
direction of the CITY.
4
8. CONSULTANT certifies that this Agreement does not provide
for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any religious
creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the
State of California, regarding separation of church and state.
9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in
compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act
(33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR
Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the
CONSULTANT assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed on the
EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the Director,
Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the
grant is under consideration to be listed on the EPA List of Violating Facilities;
(c) It will notify the CITY and the EPA about any known violation of the above laws and
regulations.
10. CONSULTANT may copyright any work that is subject to copyright and was
developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies)
reserve aroyalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for
Federal purposes, and to authorize others to do so.
11. CONSULTANT is subject to applicable regulations governing patents and
inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements."
6. COMPENSATION
CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the
amount not to exceed Thirty Eight Thousand Dollars x$38,000.00). CONSULTANT will submit a detailed
invoice evidencing services performed. Final payment by the CITY shall be within 30 days following receipt
of said invoice, subject to CITY accounting procedures.
CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon
State approval, and funds received or obligated from the State of California to CITY. If such approval of
funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within
twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by
CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred
hereunder.
7. MISCELLANEOUS PROVISIONS
A. CONSULTANT covenants that it presently has no interest, and shall not have any interest,
direct or indirect, which would conflict in any manner with the performance of services required hereunder.
B. CONSULTANT certifies that it will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act
of 1964 (P.L. 83-354) and Government Code 12900, et seq.
8. HOLD HARMLESS CLAUSE
CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents,
employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions
and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of
any approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors
in the performance of this Agreement.
9. INSURANCE
CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive
professional public liability insurance, in companies acceptable to the City, authorized to issue such
insurance in the State of California. Said insurance shall consist of the following:
a. Professional Liability Insurance. CONSULTANT agrees to obtain and keep in force during the
term of this Agreement a policy of professional public liability insurance insuring the CITY and
CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement.
Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or
death of any person or persons in any single accident or occurrence. Said policy of professional liability
insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation.
b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. CONSULTANT agrees to comply with
such provisions before commencing the performance of the work under this Agreement.
c. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to
paragraph a., above:
1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished
to the City within 30 days of the execution of this Agreement.
2. Certificates and policies shall state that the policies shall not be canceled or reduced in
coverage or changed in any other material aspect without thirty (30) days prior written
notice to the City.
d. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not affect CONSULTANT'S right to be paid for its time and materials expended prior to
notification of termination.
10. TERMINATION
This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days
written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONSULTANT may not terminate this Agreement if undue hardship will result to any participant.
11. DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question arising
under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and
mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the CITY shall be final and
conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives
from CONSULTANT written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of California in
accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of
the appeal, CONSULTANT shall act in accordance with CTTY's decision unless the dispute involves a
change order.
12. BREACH -SANCTIONS
If, through any cause, CONSULTANT violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this
Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances,
CONSULTANT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a
result of CONSULTANT'S violation. For any such failures or violations, CITY shall also have the right at its
sole discretion to either: (1) discontinue program support until such time as CONSULTANT fulfills its
obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding
amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after
thirty (30) days' written notice CONSULTANT has failed to repay same or a repayment schedule has not
been made; and/or (3) terminate this Agreement by giving written notice to CONSULTANT of such
termination in accordance the notice provision contained below.
13. NOTICES
All notices, reports and correspondence between the parties hereto respecting this Agreement shall be
in writing and deposited in the United States Mail, postage prepaid, addressed as follows:
To CITY: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. BOX 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copy to:
Santa Ana Work Center
1000 E. Santa Ana Blvd., #200
Santa Ana, CA 92701
Telefacsimile (714) 565-2602
To CONSULTANT: O'Reilly & Associates
7530 Sunnywood Lane
Los Angeles, CA 90046
Telefacsimile (714)851-5720
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
~~
~ ' '~ - l~
~VMaria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By: Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
David N. Ream
City Manager
CONSULTANT:
O'Reilly and Associates
Paul O'Reilly
Tax ID#/SS#: U ~~~~~~~
~JCHIBfT A
O'Re~~lj~ & AssoC~iates Consultitl~ ScftTices ~Xlo.rk nesc.~iption
Task O'Reilly & Associates Consulting Services Fee
Work Descrl tion
A 1. Review Santa Ana W/O/R/K Canter's Serrrfce Integration
Plan, measures and policies developed to date.
2. Develop an agenda and prepare for and facilitate 1 planning
meeting with SAWC management to review service
integration plans and identify project priorities, $x,000
3, Recap notes from the planning meeting and dis#ribute them
to the participants.
1. Develop a survey tool to uncover service integration
B implementation challenges, opportunities and priorities
including issues such as data collection and managemen#,
streamlining processes and procedures, and business
service Integration.
2. Prepare for and implement one-on-ono Interviews with
management of all 3 functional work teams and site
manager using the survey tool to identify challenges,
opportunities and priori#ies.
3. Develop an agenda and PowerPoint and prepare for and
facilitate 1 planning meeting ar focus group with the
functional team feeders to review key challenges,
opportunities and priorities identified through the survey
process and gain consensus on priorities.
4. Recap notes from the planning mes#ing and distribute them $ 8,000
to the participants.
C 1. Adapt the survey fool as needed based on the results of the
ptanning meeting wish the team managers and draft an
explanatory memo to dis#ribu#e to ail team members to
complete the survey fo provide their individual inslghis into
challenges and opporfunl#ies.
2. Prepare for and implement one-on-one phone or in person
interviews with up to ~l team members to follow-up on #heir
survey responses or gain additional details regarding their
insights an chal[enges and/or opportunities.
~~JCi~IBIT A
' ,
U'Reillp c~ Associates C:onsLiltin~ Set~Tices ~/oxk Description
3. Develop an agenda and PowerPvint and prepare far and
facilitate up to 3 planning or brainstorming meeting{s) with $13,040
team members and/or managers to review key challenges,
opportunities and priorities identified through the survey
process and gain consensus on priorities.
4. Recap notes from the planning meeting(s) and distribute
Them fo the participants.
1. Develop an agenda and prepare for and facilitate up to 2
D Planning Meetings with SAWC Management, team
managers or individual team members to support the
development of an action plan with prioritized action items
aimed at enhancing service integrailon implemen#a#lon. $ 13,000
2. Draft a bullet-point Action Pian with detailed action items
resulting from the planning process and recommendations
for additional future service Integra#ion opportunities.
~CHI>~fT ,~
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS GRANTS LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in
accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure occurring on or
before October 23, 1996, and of not less than $11,000 and not more than $110,000 for
each such failure.
Grantee/Contractor Organization Program Title
O'Reilly and Associates WIA
Name of Certifying Official Signature
Paul O'Reilly
df/ia/~iv
EXHIBIT B
Certification Regardina Drug-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide adrug-free workplace by:
(a) Publishing a sta#ement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing adrug-free awareness program to inform employees about -
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining adrug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
EXHIBIT C
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name:
Name of Contractor:
Contractor Number:
Date: 1
~. a
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
'7~ ~c~ Sv
EXHIBIT C
s
Pg. 2
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain adrug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Dated: 1 r ~~ ~ac~ ~
Program Operator
EXHIBIT C
Subcontractor agrees that in addition to those agreements and obligations
specified in the contract boilerplate and scope of work, it will also adhere to and
obey the following provisions, assurances, and certifications.
ARTICLES
1) Subcontractor assures and certifies that it will not use any funds
appropriated under this agreement for religious activity oranti-religious
activity, or to promote or oppose any political candidate, parties, and/or
beliefs.
2) Subcontractor assures and certifies that any requested modification to this
agreement must be submitted in writing, explaining requested changes
and rationale. Subcontractor further assures that no modification will be
implemented without prior written approval from the Santa Ana WORK
Center.
3) Subcontractor agrees to cooperate with any monitoring, inspection, audit,
or investigations of activities related to this agreement as may be
scheduled and conducted by the Santa Ana WORK Center.
4) Subcontractor agrees to acknowledge (give credit to) the Santa Ana
WORK Center in all oral presentations, written document, publicity, and
advertisements regarding any activities that ensue from this agreement.
Exhibit D
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26,1988 Federal Re ister (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
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Name and Title of
ve
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Date
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INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Defmitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
voluntary exclusion -Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List of Parties Excluded from Procurement or Non-
Procurement Pro rams
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
A~ORD,M CERTIFICATE OF LIABILITY INSURANCE DATE
PROnucER 03--26-2009
THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION
WTAA INSURANCE SERVICES/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
251467 P: (866)467-8730 F: (877)905-0457 ALTERI'HECOVERAGEAFFORDEDBYTHEPOLDf IESBE OW
PO BOX 33015 .
SAN ANTONIO TX 7$265 INSURERS AFFORDING COVERAGE
INSURED
INSURERA:HartfOrd Casualt Ins CO
O'RETLL INSURER B:
Y & ASSOCIATES
753 0 S INSUAERC:
UNNYWOOD LN .
LOS ANG INSURER D:
ELES CA 9 0 04 6
COVFRGGFG INSURER E:
O C ES OF INSUAANCE LISTED BELOW HAV1= RFFN Iscllcn rn'ruc urcrrorn .~~..~r . .......... ...... _.,_ __..
- - ---~- ------ • - ~ • ••- ••~~+~••~.+ ,..,,.•w nuvvc rvn me rvLlcT rtKluu INUICAIED. NOTWITHSTANDING
REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSUAANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT T
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
INSR
LTR TYPE OF INSURANCE POLICY NUMBER DATE MNi DDNYE PnATf h9Xh7 DDTION LIMITS
A GE NERAL LIABILITY
COMMERCI
7 2
EACH OCCURRENCE
51 , 0 0 0, Q Q Q
AL GENERAL LIABILITY SBA AE4 8 6 6 0 6/ 0 5/ 0 9 0 6/ x 5/ 1 a l FIRE DAMAGE (A
f I
3 Q 0
0 0 0
ny one
ire} ,
S
CLAIMS MADE I ~> I OCCUR
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b MED EXP {Any one person) S1 0 , 0 0 0
la
PERSONAL&AOVINJURY 51, OOO, O0O
GEN
'L A GENERAL AGGREGATE S2 , 0 0 0, O O O
GGREGATE LIMIT APPLIES PER:
POLICY jEC X PROQUCTS - COMPIOP AGG S2 , O O O , O O 0
LOC
AUTOMOBILE LIABILITY
A ANY AUTO 72 SBA AE4866 06/05/09 06/05/10 COMBINEpSINGLELIMIT
(Ea accident) Slr ~00, 000
ALL OW
NED AUTOS
SCHEDULED AUTDS BODILY INJURY
IPer persons S
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NON-OWNED AUTOS ~~, BODILY INJURY
{Perx<identl S
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GAR AGE LIABILITY
ANY AUTO
~
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EXCESS LIABILITY ~`Cj
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AGGREGATE
S
DEDUCTIBLE
5
RETENTION S
S
SVORKERS COMPENSATION AND
EMPLOYERS' LIABILITY S
WC STATU- OTH-
TO Y LI ITS ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE S
OTHER E.L. DISEASE- POLICY LIMIT S
DESCRFPTIDN OF OPERATIONSlLOCATIONSNEH]CLESlEXCLUSIONS AODfD BY ENDORS EM ENTlSPECIAL PROVISIONS
City of Santa Ana, its officers, employees, agents, volunteers and
representatives are included as additional insured with respects to the
liabilit
cov
i
y
erage
ndicated under policy number 72SBAAE4866 for those
operations usual t
th
o
e insured.
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCFLL~TMN
City of Santa Ana
Santa Ana W/0/R/K Center
ATTN: Lydia Morgan
1000 E. Santa Ana Blvd. Suite 200
Santa Ana, CA 92701
uuw AIVY yr 1 HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
DAYS WRITTEN NOTICE i10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
'RESENTATIVES.
HGVKU Z5-5 (7/97)
e ACORD CORPORATION 1988
~1/(~3i2006 10:3$ FA1
~r~E'I ~~y ~ ~1~SOCfc~~E~~
753Q ~unnywood Lame, Los Angeles, California 90086
Phone: 323-851-5986
E-mail: nulorelll b tobaf.nek
June 10, 2008
Lydia Morgan
Community Development Agency
2a Givic Center Plaza
Santa Arta, CA 92709
Dear Lydia;
C~irUi
The City of Santa Ana was designated as uaddifionaf insured" on my corrrprehenslve general
(Iablllty and property insurance with Hartford Insurance, policy #72SI9AAE4806. My
commercial general liability policy is paid !n full for the 2009-2090 policy term.
Since my policy is paid in full, Hartford has agreed they will not cancel my policy riuring this
term and has provided a ir?,tter to that effect. The policy has a standprd 30 day notice of
cancellation, which meets your requirements. I agree to notify Santa Ana W/O/R/K Center and
the City of Santa Ana if for same unusual reason the Hartford does cheese to cancel the policy
and I agree to give the City of Santa Ana the 30 day required no#Ice of cancellatic~rt.
Alease call me ii there are any further questions.
i~aut O'Reilly
O'Reilly & Associates
President
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