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HomeMy WebLinkAboutItem 19 - First Amendment to the Agreement for Workforce Training ServicesCommunity Development Agency .; www.santa-ana.org/cd Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 2, 2025 TOPIC: Workforce Training Services with the Prison to Employment (P2E) 2.0 Regional Partnership and Technical Assistance Grants program AGENDA TITLE First Amendment to the Agreement with the State of California Workforce Development Board for the Prison to Employment (P2E) 2.0 Grant (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a First Amendment to the Agreement with the State of California Workforce Development Board for the Prison to Employment (P2E) 2.0 Grant, extending the contract term through December 31, 2026, with no change in the total contract amount of $927,341 (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Prison to Employment (P2E) 2.0 Grant Extension December 2, 2025 Page 2 On August 15, 2023, the City Council authorized the City Manager to execute an agreement with the State of California Workforce Development Board (CWDB) for the Prison to Employment (P2E) 2.0 Grant, in the amount of $927,341, for a term of August 16, 2023 to December 31, 2025. The grant enables the City of Santa Ana (City), serving as the fiscal agent (Contractor) for the Orange Regional Planning Unit, to implement workforce development services that support justice -involved and formerly incarcerated individuals. Following Council approval, the City entered into a subcontract with Working Wardrobes, a local non-profit organization to deliver case management, job readiness, and employment placement services to participants. The contract amount with Working Wardrobes was for $742,000, leaving $185,341 that could be used by City staff for case management and administration. Working Wardrobes has been responsible for outreach, enrollment, and coordination with regional probation and parole offices. Working Wardrobes was originally contracted to serve 84 participants, but ultimately enrolled 149 individuals, with City residents comprising the largest share. Working Wardrobe's project met and exceeded all performance targets. To date, more than 60% of participants have secured employment, while others are engaged in vocational training, transitional employment, and supportive services. Participants have demonstrated measurable success in obtaining and sustaining employment, underscoring the program's effectiveness in supporting reentry and reducing recidivism. CWDB has approved a contract extension through December 31, 2026, allowing City staff at the WORK Center to continue providing post -placement support and job retention services to individuals who obtained employment through the P2E program. This extension ensures participants receive ongoing retention assistance from City case management staff and enables City staff to utilize the remaining funds with case management and administrative services through December 31, 2026 (Exhibit 1). The amendment does not alter the total funding amount or the scope of the program. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact for this item EXHIBIT(S) 1. Prison to Employment First Amendment to Agreement Submitted By: Michael L. Garcia, Executive Director - Community Development Agency Approved By: Alvaro Nunez, City Manager STATE OF CALIFORNIA-DEPARTMENTOFGENERALSERVICES SCOID: 7120-M904627120-A1 EXHIBIT 1 41111VAN 117:1:1f1,[C1.14VilWill 99:lr'il401DIJAI40kI STD 213A (Rev. 412020) AGREEMENT NUMBER AMENDMENT NUMBER Purchasing Authority Number CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED PAGES M90462-7120 1 EDD-7100 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME California Workforce Development Board (CWDB) CONTRACTOR NAME Santa Ana Workforce Development Board 2. The term of this Agreement is: START DATE April 1, 2023 THROUGH END DATE December 31, 2026 3. The maximum amount of this Agreement after this Amendment is: $927,341.16 (Nine Hundred Twenty -Seven Thousand Three Hundred Forty -One Dollars and Sixteen Cents) 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: That the Agreement entered into April 1, 2023 by and between the California Workforce Development Board, hereinafter referred to as CWDB, and the Santa Ana Workforce Development Board, hereinafter referred to as the Contractor, is hereby amended to: Extend the term of the Agreement by one year and incorporate the current, revised General Terms and Conditions. No funds are being added. 5pecific: Change the end date from December 31, 2025 to December 31, 2026. Delete Exhibit C, General Terms and Conditions, in its entirety and replace with the revised Exhibit C (GTC 0212025). General Terms and Conditions are available for viewing at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language All other terms and conditions shall remain the same. IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME {if other than an individual, state whether a corporation, partnership, etc.} Santa Ana Workforce Development Board CONTRACTOR BU51NESSADDIRE 55 CITY STATE ZIP 801 W. Civic Center Plaza #200 Santa Ana CA 92701 PRINTED NAME OF PERSON SIGNING TITLE Alvaro Nunez City Manager CONTRACTOR AUTHORIZED SIGNATURE I DATE SIGNED APPROVED AS TO FORM SONIA R. CARVA O. Ci At; t;orn l t� E Andrea Garcia -Miller Senior Assistant City Attorney Page 1 of 2 SCO ID: 7120-M904627120-A 1 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT -AMENDMENT STD 213A (Rev. 4/2020) CHECK HERE IF ADDMNAL PAGES ARE ATTACHED PAGES CONTRACTING AGENCY NAME California Workforce Development Board AGREEMENT NUMBER M90462-7120 STATE OF CALIFORNIA AMENDMENT NUMBER Purchasing Authority Number 1 EDD-7100 CONTRACTING AGENCY ADDRESS CITY STATE ZIP 800 Capitol Mall, Suite 1022, MIC 45 Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Myke Griseta Grants Development Manager CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) SCM Vol. 14.06 Page 2 of 2 General Terms and Conditions (GTC 02/2025) EXHIBIT C APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable 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 Family Code; and b. The contractor, 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 Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) 21. GENERATIVE Al DISCLOSURE OBLIGATIONS: a. The following terms are in addition to the defined terms and shall apply to the Contract: 1) "Generative Al (GenAl)" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.) b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAl as a deliverable to the State; or (2), intends to utilize GenAl, including GenAl from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAl. C. Notification shall be provided to the State designee identified in this Contract. d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAl that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State. e. If the use of previously undisclosed GenAl is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAl Special Provisions into the Contract, at no additional cost to the State. The State, at its sole discretion, may consider Contractor's failure to disclose or discontinue the provision or use of GenAl as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.