HomeMy WebLinkAboutORANGE COUNTY, SOCIAL SERVICES AGENCY - 2012• A-201
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AGREEMENT
BETWEEN
COUNTY OF ORANGE co Py
AND v
CITY OF SANTA ANA
FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE
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THIS AGREEMENT, entered into this 7th day of March, 2012, which date is
particularized for purpose of reference only, is by and between the COUNTY OF
ORANGE, hereinafter referred to as "COUNTY," and CITY OF SANTA ANA, a California
municipality, hereinafter referred to as "CONTRACTOR." This Agreement shall be
administered by the County of Orange Social Services Agency Director or
designee, hereinafter referred to as "ADMINISTRATOR."
WITNESSETH:
WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of
vocational training activities and work experience; and
WHEREAS, CONTRACTOR agrees to render such services on the terms and
conditions hereinafter set forth;
WHEREAS, such contracts are authorized and provided for pursuant to
California Welfare and Institutions Code Section 11200 et seq., also known as
the California Work Opportunity and Responsibility to Kids (CalWORKs) Act of
1997:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE
THIS AGREEMENT, entered into this 7th day of March, 2012, which date is
particularized for purpose of reference only, is by and between the COUNTY OF
ORANGE, hereinafter referred to as "COUNTY," and CITY OF SANTA ANA, a California
municipality, hereinafter referred to as "CONTRACTOR." This Agreement shall be
administered by the County of Orange Social Services Agency Director or
designee, hereinafter referred to as "ADMINISTRATOR."
WITNESSETH:
WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of
vocational training activities and work experience; and
WHEREAS, CONTRACTOR agrees to render such services on the terms and
conditions hereinafter set forth;
WHEREAS, such contracts are authorized and provided for pursuant to
California Welfare and Institutions Code Section 11200 et seq., also known as
the California Work Opportunity and Responsibility to Kids (CalWORKs) Act of
1997:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS
Page
1. TERM ................................................................. . 4
2. ALTERATION OF TERMS .................................................. . 4
3. DEFINITIONS .......................................................... . 4
4. STATUS OF CONTRACTOR ................................................. . 7
5. DESCRIPTION OF SERVICES, STAFFING .................................... . 7
6. LICENSES AND STANDARDS ............................................... . 8
7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS ............................... . 9
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE........... 11
9. NON-DISCRIMINATION ................................................... 13
10. NOTICES .............................................................. 16
ll. NOTICE OF DELAYS ..................................................... 17
12. INDEMNIFICATION AND INSURANCE ........................................ 17
13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS ........................... 18
14. CONFLICT OF INTEREST ................................................. 19
15. ANTI-PROSELYTISM PROVISION ........................................... 19
16. SUPPLANTING GOVERNMENT FUNDS ........... .....:......................... 20
17. EQUIPMENT ............................................................ 20
18. BREACH SANCTIONS ..................................................... 21
19. PAYMENTS ................................... :......................... 22
20. OVERPAYMENTS ......................................................... 24
21. OUTSTANDING DEBT ..................................................... 24
22. REVENUE .............................................................. 25
23. PROGRAM INCOME ....................................................... 25
24. FINAL REPORT ......................................................... 26
25. INDEPENDENT AUDIT .................................................... 26
26. RECORDS, INSPECTIONS AND AUDITS ...................................... 27
27. PERSONNEL DISCLOSURE ................................................. 29
28. EMPLOYMENT ELIGIBILITY VERIFICATION .................................. 31
29. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING ...................... 32
30. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW........ 32
31. CONFIDENTIALITY ...................................................... 32
32. COPYRIGHT ACCESS ..................................................... 33
33. WAIVER ............................................................... 33
34. PETTY CASH ........................................................... 34
35. PUBLICITY ............................................................ 34
36. COUNTY RESPONSIBILITIES .............................................. 34
37. REFERRALS ............................................................ 35
38. REPORTS .............................................................. 35
39. ENERGY EFFICIENCY STANDARDS .......................................... 35
40. ENVIRONMENTAL PROTECTION STANDARDS ................................... 35
41. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS ................................................. 36
42. POLITICAL ACTIVITY ................................................... 37
43. TERMINATION PROVISIONS ............................................... 37
44. GOVERNING LAW AND VENUE .............................................. 38
45. SIGNATURE IN COUNTERPARTS ............................................ 38
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EXHIBIT A
1. PROGRAM GOALS AND OBJECTIVES ......................... ................. 1
2. POPULATION TO BE SERVED .............................. ................. 2
3. SERVICES ............................................. ................. 3
4. CONTRACTOR RESPONSIBILITIES .......................... ................. 4
5. PRINCIPLES ........................................... ................. 6
6. OUTSIDE CONTACTS: .................................... ................. 7
7. FACILITIES ........................................... ................. 7
8. REPORTING REQUIREMENTS ............................... ................. 7
9. PERFORMANCE MONITORING AND REVIEW .................... ................. 8
10. QUALITY CONTROL ...................................... ................. 9
11. WELFARE FRAUD ........................................ ................ 10
12. HANDLING COMPLAINTS .................................. ................ 10
13. HOURS OF OPERATION ................................... ................ 11
14. BUDGET FOR PROVISION OF VTR and WEX .................. ................ 11
15. STAFF ................................................ ................ 13
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1. TERM
The term of this Agreement shall commence on March 7, 2012, and
terminate on June 30, 2013, unless earlier terminated pursuant to the
provisions of Paragraph 43 of this Agreement; however, CONTRACTOR shall be
obligated to perform such duties as would normally extend beyond this term,
including but not limited to, obligations with respect to indemnification,
audits, reporting, and accounting. CONTRACTOR and ADMINISTRATOR may mutually
agree in writing to extend the term of this Agreement, for up to twelve (12)
additional months upon the same terms and conditions, provided that COUNTY's
total maximum obligation as stated in Subparagraph 19.1 of this Agreement does
not increase as a result.
2. ALTERATION OF TERMS
This Agreement, including any Exhibit(s) attached hereto and
incorporated by reference, fully expresses all understandings of the parties
and is the total Agreement between the parties as to the subject matter of
this Agreement. No addition to, or alteration of, the terms of this
Agreement, whether written or verbal, by the parties, their officers, agents,
or employees, shall be valid unless made in the form of a written amendment to
this Agreement which is formally approved and executed by both parties.
3. DEFINITIONS
3.1 Assessment: An evaluation of employability and the need for
support services considering work history, employment knowledge, skills, and
abilities; education and educational competency level; local labor market
conditions: and physical limitations or behavioral conditions. The types of
assessments utilized are Employment Readiness Assessment and Learning
Disability Evaluation and are provided through a separate contracted service
provider.
3.2 Barriers to Employment: Circumstances which interfere with
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Welfare-To-Work (WTW) participation, employment, or job search.
3.3 CalWORKs: The acronym for the California Work Opportunity and
Responsibility to Kids Act of 1997 as described in the state of California
Welfare and Institutions Code (WIC) Section 11200 et seq.
3.4 Multi-Disciplinary Team (MDT): A team of individuals with diverse
expertise that meets to review case and family elements to optimize the WTW
activities. MDT members may consist of staff from the following areas:
Social Services Agency (SSA) CalWORKS; Facilitator; Domestic Abuse Services;
Behavior Health Services; Public Health Nurse; One-Stop Centers: SSA Children
and Families Services Senior Social Worker; educational providers; Job
Services and Employment Support; Vocational Assessment; WTW activity providers
who could benefit from, or contribute to, the discussion; and all other
relevant individuals.
3.5 One-Stop Centers: Employment-based facilities integrating COUNTY
and contracted service providers into single workforce centers, which provide
comprehensive career services and labor market information to participants
seeking jobs under various Federal and State funded programs. The centers are
established statewide under S.B. 1417 (Chapter 819, Statutes of 1994), to
implement a collaborative system of employment, training and education
programs and services, in support of California's economic development. Santa
Ana One-Stop Center is also referred to as the W/O/R/K Center.
3.6 One-Stop Partner: One of the entities responsible for conducting
the day-to-day activities associated with the delivery of workforce
development services to employers and job seekers, including daily management,
supervision, and coordination of staff physically co-located at the One-Stop
Center.
3.7 Participant: Recipients of CalWORKs financial assistance benefits
who are required to participate, or have voluntarily enrolled, in the WTW
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program pursuant to State regulations.
3.8 Placement: An event that occurs when an employer hires a CalWORKs
WTW participant in an unsubsidized or subsidized employment position.
3.9 Santa Ana Workforce Investment Board (SA WIB): Established under
the Federal Workforce Investment Act (WIA) of 1998, SA WIB oversees workforce
investment activities that increase the employment, retention, and earnings of
participants, and increase attainment of occupational skills by participants.
Workforce investment activities authorized by WIA are provided at the local
level via the One-Stop Centers to individuals .in need of those services,
including job seekers, dislocated workers, youth, incumbent workers, new
entrants to the workforce, veterans, persons with disabilities and employers.
3.10 Santa Ana Workforce Investment Board Case Manager (SA WIB CM): An
employee of the Santa Ana W/O/R/K Center, a division of the City of Santa Ana,
assigned to work with the CalWORKs participant and WTW staff throughout the
Vocational Training (VTR) and Work Experience (WEX) activities. The
responsibilities of the WIA Case Manager include the following: (1) handle the
eligibility determination process for all customers referred to program; (2)
review customer prerequisite for training, including career planning and using
labor market information; (3) assist with referrals to VTR or WEX; (4) prepare
and timely submit required paperwork; (5) screen and coordinate services with
other One-Stop Center partners; (6) coordinate training to placement
activities; and (7) offer supportive and follow-up services.
3.11 Supportive Services: Payments made by ADMINISTRATOR provided to
or on behalf of WTW participants for child care, transportation, and ancillary
expenses.
3.12 Welfare-To-Work (WTW): A mandated program under CalWORKs which
requires parents or caretakers in families on CalWORKS assistance, unless
exempted, to meet work requirements by participating in WTW activities with a
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goal of unsubsidized employment leading to self-sufficiency.
3.13 WTW Staff: An SSA employee or contracted case management staff,
either an Initial Services Worker (ISW) or WTW Case Manager (WTW CM), who is
assigned to each WTW participant to supervise the progression of the
participant through the WTW program and has primary responsibility to resolve
the participant's supportive services needs.
3.14 Welfare-To-Work Plan: A plan developed by WTW staff and the
participant that specifies work related activities in which the participant
shall engage and the supportive services to be provided to the participant.
3.15 Worksite: An employment site for WEX training activities at
public or private, for-profit or not-for-profit organizations.
4. STATUS OF CONTRACTOR
CONTRACTOR is and shall at all times be deemed to be an independent
contractor and shall be wholly responsible for the manner in which it performs
the services required of it by the terms of this Agreement. Nothing herein
contained shall be construed as creating the relationship of employer and
employee, or principal and agent, between COUNTY and CONTRACTOR or any of
CONTRACTOR's agents or employees. CONTRACTOR assumes exclusively the
responsibility for the acts of its employees or agents as they relate to
services to be provided during the course and scope of their employment.
CONTRACTOR, its agents, employees, and volunteers shall not be entitled
to any rights and/or privileges of COUNTY employees, and shall not be
considered in any manner to be COUNTY employees.
5. DESCRIPTION OF SERVICES, STAFFING
5.1 CONTRACTOR agrees to provide those services, facilities, equipment
and supplies as described in the Exhibit "A" to the Agreement between County
of Orange and City of Santa Ana for the Provision of Vocational Training
Activities and Work Experience, attached hereto and incorporated herein by
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reference. CONTRACTOR shall operate continuously throughout the term of this
Agreement with the number and type of staff described and as required for
provision of services hereunder pursuant to the personnel disclosure
provisions of this Agreement.
5.2 Subject to thirty (30) days written notice, ADMINISTRATOR may, in
his or her sole discretion, require changes in staffing allocations to reflect
current workload demands or service needs as long as COUNTY's maximum
obligation as set forth in this Agreement is not exceeded.
5.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send
appropriate staff to attend an orientation session and subsequent training
sessions given by COUNTY.
6. LICENSES AND STANDARDS
6.1 CONTRACTOR warrants that it has all necessary licenses and permits
required by the laws of the United States, State of California, County of
Orange, and all other appropriate governmental agencies, and agrees to
maintain these licenses and permits in effect for the duration of this
Agreement. Further, CONTRACTOR warrants that its employees shall conduct
themselves in compliance with such laws and licensure requirements including,
without limitation, compliance with laws applicable to sexual harassment and
ethical behavior.
6.2 In the performance of this Agreement, CONTRACTOR shall comply,
unless waived in whole or in part by ADMINISTRATOR, with all applicable
provisions of the California Welfare and Institutions Code (WIC); Title 45 of
the Code of Federal Regulations (CFR); Federal Office of Management and Budget
(OMB) Circulars A-21, A-122, and A-87; Title 48 CFR Section 31.2; and all
applicable laws and regulations of the United States, State of California,
County of Orange Social Services Agency and all administrative regulations,
rules and policies adopted thereunder as each and all may now exist or be
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hereafter amended.
6.2.1 For federally funded Agreements in the amount of $25,000
or more, CONTRACTOR certifies that said Agency's officers and/or principals
are not debarred or suspended from federal financial assistance programs
and/or activities.
7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS
7.1 Delegation and Assignment:
CONTRACTOR shall neither delegate its duties or obligations nor
assign its rights with respect to this Agreement, either in. whole or in part.
Any such attempted delegation or assignment shall be void. The transfer of
assets in excess of ten (10) percent of the total assets of CONTRACTOR, or any
change in the corporate structure, the governing body, or the management of
CONTRACTOR, which occurs as a result of such transfer, shall be deemed an
assignment of benefits under the terms of this Agreement and shall be void.
7.2 Subcontracts:
CONTRACTOR shall not subcontract for services under this Agreement
without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents
in writing to a subcontract, in no event shall the subcontract alter, in any
way, any legal responsibility of CONTRACTOR to COUNTY. All subcontracts must
be in writing and copies of same shall be provided to ADMINISTRATOR.
CONTRACTOR shall include in each subcontract any provision ADMINISTRATOR may
require.
7.2.1 Subcontracts of $25,000 or less:
CONTRACTOR shall develop a standard form Purchase Order,
subject to prior written approval of ADMINISTRATOR, to be utilized for the
purchase of services by CONTRACTOR when the cumulative total cost of the
services to be provided by any organization is anticipated to be twenty-five
thousand dollars ($25,000) or less during the term of this Agreement. The
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basis for costs incurred by any such Purchase Order(s) shall be the actual
cost of providing services or the usual and customary charges established by
the organization(s) providing the services.
7.2.2 Subcontracts in excess of $25,000:
CONTRACTOR shall develop and submit for approval to
ADMINISTRATOR a system for the procurement of subcontracts with any
organization in which the total cumulative cost of services provided by any
single organization is anticipated to exceed twenty-five thousand dollars
($.25,000) during the term of this Agreement. CONTRACTOR's proposed
procurement system shall take into consideration such factors as: degree of
price competition; pricing policies and techniques; experience and quality of
service; methods of evaluating subcontractor responsibility; relationship of
subcontractor to CONTRACTOR: and planning, award, and post-award management of
subcontracts, including internal audit procedures and monitoring of
subcontractor's performance until completion of services.
Upon ADMINISTRATOR's approval of CONTRACTOR's proposed
procurement system, CONTRACTOR shall comply with such procurement system in
obtaining subcontracts with a total cost in excess of twenty-five thousand
dollars ($25,000) during the term of this Agreement. In addition, CONTRACTOR
shall obtain ADMINISTRATOR's written consent prior to entering into a
subcontract with any organization when the total cumulative cost of services
to be provided by that organization is anticipated to exceed twenty-five
thousand dollars ($25,000) during the term of this Agreement.
CONTRACTOR and its subcontractor (s) shall establish and
maintain accurate and complete financial records related to services provided
under the terms of this Agreement. Such records may be subject to the
satisfaction of ADMINISTRATOR, and to the examination and audit by
ADMINISTRATOR or designee, for a period of five (5) years, or until any
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pending audit is completed.
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE
8.1 Form of Business Organization:
Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and
submit, within thirty (30) days thereafter, an affidavit executed by persons
satisfactory to ADMINISTRATOR containing, but not limited to, the following
information:
8.1.1 The form of CONTRACTOR's business organization, i.e.,
proprietorship, partnership, corporation, etc.
8.1.2 A detailed statement indicating the relationship of
CONTRACTOR, by way of ownership or otherwise, to any parent organization or
individual.
8.1.3 A detailed statement indicating the relationship of
CONTRACTOR to any subsidiary business organization or to any individual who
may be providing services, supplies, material or equipment to CONTRACTOR or in
any manner does business with CONTRACTOR under this Agreement.
8.2 Change in Form of Business Organization:
If during the term of this Agreement the form of CONTRACTOR's
business organization changes, or the ownership of CONTRACTOR changes, or
CONTRACTOR's relationship to other businesses dealing with CONTRACTOR under
this Agreement changes, CONTRACTOR shall promptly notify ADMINISTRATOR, in
writing, detailing such changes. A change in the form of business
organization may, at COUNTY's sole discretion, be treated as an attempted
assignment of rights or delegation of duties of this Agreement.
8.3 Real Property Disclosure:
If CONTRACTOR is occupying any real property under any agreement,
oral or written, where persons are to receive services hereunder, CONTRACTOR
shall submit the following information in addition to a copy of the lease,
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license or rental agreement, as well as any other information requested, prior
to the provision of services under this Agreement:
8.3.1 The location by street address and city of any such real
property.
8.3.2 The fair market value of any such real property as such
value is reflected on the most recently issued County Tax Collector's tax
bill.
8.3.3 A detailed description of all existing and pending
agreements, with respect to the use or occupation of any such real property.
Such description shall include, but not be limited to:
8.3.3.1 The term duration of any rental, lease or
license agreement:
8.3.3.2 The amount of monetary consideration to be paid
to the lessor or licensor over the term of the rental, lease or license
agreement:
8.3.3.3 The type and dollar value of any other
consideration to be paid to the lessor or licensor;
8.3.3.4 The full names and addresses of all parties to
any agreement concerning the real property and a listing of liens (if any)
thereof, together with a listing by full names and addresses of all officers,
directors and stockholders of any private corporation, and a similar listing
of all general and limited partners of any partnership which is a party.
8.3.4 A listing by full names of all of CONTRACTOR's officers,
directors and/or partners, members of its administrative and advisory boards,
staff and consultants, who have any family relationship by marriage or blood
with a party to any agreement concerning real property referred to in
Subparagraph 8.3.3, immediately above, or who have any present or future
financial interest in such person's business, whether the entity concerned is
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a corporation or partnership. Such listing shall also include the full names
of all of CONTRACTOR's officers, directors, partners and those holding a
financial interest. Included are members of its advisory boards, members of
its staff and consultants, who have any family relationship by marriage or
blood to an officer, director, or stockholder of the corporation or to any
partner of the partnership. In preparing the latter listing, CONTRACTOR shall
also indicate the names of the officers, directors, stockholders, or
partner(s), as appropriate, and the family relationship which exists between
such person(s) and CONTRACTOR's representatives listed.
8.3.5 True and correct copies of all agreements with respect to
any such real property shall be appended to the affidavit described above and
made a part thereof. If, during the term of this Agreement, there is a change
in the agreement(s) with respect to real property where persons receive
services, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing,
describing such changes.
9. NON-DISCRIMINATION
9.1 In the performance of this Agreement, CONTRACTOR agrees that it
shall not engage nor employ any unlawful discriminatory practices in the
admission of clients, provision of services or benefits, assignment of
accommodations, treatment, evaluation, employment of personnel or in any other
respect on the basis of sex, race, color, ethnicity, national origin,
ancestry, religion, age, marital status, medical condition, sexual
orientation, sexual preference, physical or mental disability or any other
protected group in accordance with the requirements of all applicable Federal
or State laws.
9.2 CONTRACTOR shall develop an Affirmative Action Program Plan which
meets the lawful and applicable requirements of the U.S. Department of Health
and Human Services.
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9.3 CONTRACTOR shall furnish any and all information requested by
ADMINISTRATOR and shall permit ADMINISTRATOR access, during business hours, to
books, records and accounts in order to ascertain CONTRACTOR's compliance with
Paragraph 9 et seq.
9.4 CONTRACTOR shall comply with Executive Order 11246, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 and as
supplemented in Department of Labor regulations (Title 41 CFR Part 60).
9.5 Non-Discrimination in Employment
9.5.1 All solicitations or advertisements for employees placed
by or on behalf of CONTRACTOR shall state that all qualified applicants will
receive consideration for employment without regard to se-x, race, color,
ethnicity, national origin, ancestry, religion, age, marital status, medical
condition, sexual orientation, sexual preference, physical or mental
disability or any other protected group in accordance with the requirements of
all applicable Federal or State laws. Notices describing the provisions of
the equal opportunity clause shall be posted in a conspicuous place for
employees and job applicants.
9.5.2 CONTRACTOR shall refer any and all employees desirous of
filing a formal discrimination complaint to:
California Department of Social Services
Public Inquiry and Response Bureau
P.O. Box 944243, M.S. 8-3-23
Sacramento, CA 94244-2430
Telephone: (800) 952-5253
(800) 952-8349 (For the hard of hearing)
9.6 Non-Discrimination in Service Delivery
9.6.1 CONTRACTOR shall comply with Titles VI and VII of the
Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of
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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 Americans with Disabilities Act of 1990; California Civil Code Section 51
et seq., as amended; California Government Code (CGC) Sections 11135-11139.5,
as amended; CGC Section 12940 (c), (h) (1), (i), and (j); CGC Section 4450;
Title 22, California Code of Regulations (CCR) Sections 98000-98413; Title 24,
CCR Section 3105A(e): the Dymally-Alatorre Bilingual Services Act (CGC Section
7290-7299.8): Section 1808 of the Removal of Barriers to Interethnic Adoption
Act of 1996; and other applicable Federal and State laws, as well as their
implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7
CFR Part .15; and Title 28 CFR Part 42), and any other law pertaining to Equal
Employment Opportunity, Affirmative Action and Nondiscrimination as each may
now exist or be hereafter amended. CONTRACTOR shall not implement any
administrative methods or procedures which would have a discriminatory effect
or which would violate the California Department of Social Services (CDSS)
Manual of Policies and Procedures (MPP) Division 21, Chapter 21-100. If there
are any violations of this paragraph, CDSS shall have the right to invoke
fiscal sanctions or other legal remedies in accordance with WIC Section 10605,
or CGC Sections 11135-11139.5, or any other laws, or the issue may be referred
to the appropriate Federal agency for further compliance action and
enforcement of Subparagraph 9.6 et seq.
9.6.2 CONTRACTOR shall provide any and all clients desirous of
filing formal complaint any and all information as appropriate:
9.6.2.1 Pamphlet: "Your Rights Under California Welfare
Programs" (PUB 13)
9.6.2.2 Discrimination Complaint Form
9.6.2.3 Civil Rights Contacts:
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County Civil Rights Contact:
Orange County Social Services Agency
Program Integrity
Attn: Civil Rights Coordinator
P.O. Box 22001
Santa Ana, CA 92702-2001
Telephone: (714) 438-8880
State Civil Rights Contact:
California Department of Social Services
Civil Rights Bureau
P.O. Box 944243, M.S. 8-16-70
Sacramento, CA 94244-2430
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
10. NOTICES
All notices, claims, 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
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required by this Agreement addressed in any other fashion shall be deemed not
given. ADMINISTRATOR and CONTRACTOR may mutually agree in writing to change
the addresses to which notices are sent.
11. NOTICE OF DELAYS
Except as otherwise provided under this Agreement, when either party has
knowledge that any actual or potential situation is delaying or threatens to
delay the timely performance of this Agreement, that party shall, within one
(1) business day, give notice thereof, including all relevant information with
respect thereto, to the other party.
12. INDEMNIFICATION AND INSURANCE
12.1 CONTRACTOR agrees to indemnify, defend with counsel approved in
writing by COUNTY, and hold U.S. Department of Health and Human Services, the
State, COUNTY, and their elected and appointed officials, officers, employees,
agents and those special districts and agencies which COUNTY's Board of
Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from
any claims, demands or liability of any kind or nature, including but not
limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by CONTRACTOR pursuant to
this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a
court of competent jurisdiction because of the concurrent active negligence of
COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will
be apportioned as determined by the court. Neither party shall request a jury
apportionment.
12.2 COUNTY agrees to indemnify, and hold CONTRACTOR, its officers,
employees, and agents harmless from any claims, demands or liability of any
kind or nature, including but not limited to personal injury or property
damage, arising from or related to the services, products or other performance
provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against
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CONTRACTOR and COUNTY by a court of competent jurisdiction because of the
concurrent active negligence of CONTRACTOR, COUNTY and CONTRACTOR agree that
liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
12.3 CONTRACTOR certifies it is self-insured against the perils of
bodily injury/property damage, automobile liability, professional liability,
workers' compensation, and sexual harassment. Should there be any material
change in the provisions of the self-insurance program, CONTRACTOR shall
provide thirty (30) days prior written notice to COUNTY.
12.4 Neither termination of this Agreement nor completion of the acts
to be performed under this Agreement shall release any party from its
obligation to indemnify as to claims or cause of action asserted.
12.5 Without limiting CONTRACTOR's liability for indemnification,
CONTRACTOR attests that it is self-insured and shall maintain in force at all
times during the term of this Agreement self-insurance covering its operations
in the amounts acceptable to COUNTY.
12.6 If CONTRACTOR fails to maintain proof of insurance acceptable to
the COUNTY for the full term of this Agreement. COUNTY may terminate this
Agreement.
12.7 Letter of self-insurance evidencing the required insurance
coverage shall be mailed to the County of Orange/SSA Contract Services, Attn:
Contract Administrator upon request.
13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS
CONTRACTOR shall report to COUNTY:
13.1 Any accident or incident relating to services performed under this
Agreement which involves injury or property damage which may result in the
filing of a claim or lawsuit against CONTRACTOR and/or COUNTY. Such report
shall be made in writing within twenty-four (24) hours of occurrence.
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13.2 Any third party claim or lawsuit filed against CONTRACTOR arising
from or related to services performed by CONTRACTOR under this Agreement.
Such report shall be submitted to COUNTY within twenty-four (24) hour of
occurrence.
13.3 Any injury to an employee of CONTRACTOR that occurs on COUNTY
property. Such report shall be submitted to COUNTY within twenty-four (24)
hours of occurrence.
13.4 Any loss, disappearance, destruction, misuse, or theft of any kind
whatsoever of COUNTY property, monies, or securities entrusted to CONTRACTOR
under the term of this Agreement. Such report shall be submitted to COUNTY
within twenty-four (24) hour of occurrence.
14. CONFLICT OF INTEREST
CONTRACTOR shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests
of COUNTY. This obligation shall apply to CONTRACTOR's employees, agents,
relatives, subcontractors, and third parties associated with accomplishing the
work hereunder.
CONTRACTOR's efforts shall include, but not be limited to, establishing
precautions to prevent its employees or agents from making, receiving,
providing, or offering gifts, entertainment, payments, loans, or other
considerations which could be deemed to appear to influence individuals to act
contrary to the best interests of COUNTY.
15. ANTI-PROSELYTISM PROVISION
No funds provided directly to institutions or organizations to provide
services and administer programs under Title 42 United States Code (USC)
Section 604(a)(1)(A) shall be expended for sectarian worship, instruction, or
proselytization, except as otherwise permitted by law.
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16. SUPPLANTING GOVERNMENT FUNDS
CONTRACTOR shall not supplant any Federal, State or COUNTY funds
intended for the purposes of this Agreement with any funds made available
under this Agreement. CONTRACTOR shall not claim reimbursement from COUNTY
for, or apply sums received from COUNTY with respect to, that portion of its
obligations which have been paid by another source of revenue. CONTRACTOR
agrees that it shall not use funds received pursuant to this Agreement, either
directly or indirectly, as a contribution or compensation for purposes of
obtaining Federal, State or COUNTY funds under any Federal, State.or COUNTY
program without prior written approval of ADMINISTRATOR.
17. EQUIPMENT
17.1 All items purchased with funds provided under this Agreement or
which are furnished to CONTRACTOR by COUNTY which have a single unit cost of
at least five thousand dollars ($5,000.00), including sales tax, shall be
considered Capital Equipment. Title to all items of Capital Equipment
purchased vests and will remain in COUNTY as such shall be designated by
ADMINISTRATOR. The use of such items of Capital Equipment is limited to the
performance of this Agreement. Upon the termination of this Agreement,
CONTRACTOR shall immediately return any items of Capital Equipment to COUNTY
or its representatives, or dispose of them in accordance with the directions
of ADMINISTRATOR.
CONTRACTOR further agrees to the following:
17.1.1 To maintain all items of Capital Equipment in good working
order and condition, normal wear and tear excepted.
17.1.2 To label all items of Capital Equipment, do periodic
inventories as required by ADMINISTRATOR and to maintain an inventory list
showing where and how the Capital Equipment is being used, in accordance with
procedures developed by ADMINISTRATOR. All such lists shall be submitted to
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ADMINISTRATOR within ten (10) days of any request therefore.
17.1.3 To report in writing to ADMINISTRATOR immediately after
discovery, the loss or theft of any items of Capital Equipment. For stolen
items, the local law enforcement agency must be contacted and a copy of the
police report submitted to ADMINISTRATOR.
17.1.4 To purchase a policy or policies of insurance covering
loss or damage to any and all Capital Equipment purchased under this
Agreement, in the amount of the full replacement value thereof, providing
protection against the classification of fire, extended coverage, vandalism,
malicious mischief and special extended perils (all risks) covering the
parties' interests as they appear.
17.2 The purchase of any Capital Equipment by CONTRACTOR shall be
requested in writing, shall require the prior written approval of
ADMINISTRATOR, and shall fulfill the provisions of this Agreement which are
appropriate and directly related to CONTRACTOR's service or activity under the
terms of the Agreement. COUNTY may refuse reimbursement for any costs
resulting from Capital Equipment purchased, which are incurred by CONTRACTOR,
if prior written approval has not been obtained from ADMINISTRATOR.
17.3 No personal computers or any component thereof may be purchased
with funds provided under this Agreement.
18. BREACH SANCTIONS
Failure by CONTRACTOR to comply with any of the provisions, covenants,
or conditions of this Agreement shall be a material breach of this Agreement.
In such event ADMINISTRATOR may, in its sole discretion, and in addition to
immediate termination and any other remedies available at law, in equity, or
otherwise specified in this Agreement:
18.1 Afford CONTRACTOR a time period within which to cure the breach,
which period shall be established at the sole discretion of ADMINISTRATOR;
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and/or
18.2 Discontinue reimbursement to CONTRACTOR for and during the period
in which CONTRACTOR is in breach, which reimbursement shall not be entitled to
later recovery; and/or
18.3 Offset against any monies billed by CONTRACTOR but yet unpaid by
COUNTY those monies disallowed pursuant to Subparagraph 18.2 above.
ADMINISTRATOR will give CONTRACTOR written notice of any action
pursuant to this paragraph, which notice shall be deemed served on the date of
mailing.
19. PAYMENTS
19.1 Maximum Contractual Obligation:
The total maximum obligation of COUNTY under this Agreement shall
not exceed the amount of $800,000; the amount of $200,000 for March 7, 2012
through June 30, 2012 and the amount of $600,000 for July 1, 2012 through June
30, 2013, or actual allowable costs, whichever is less.
19.2 Allowable Costs:
During the term of this Agreement, COUNTY shall pay CONTRACTOR
monthly in arrears, for actual allowable costs incurred and paid by CONTRACTOR
pursuant to this Agreement, as defined in OMB Circular A-87 or as approved by
ADMINISTRATOR. However, COUNTY, in its sole discretion, may pay CONTRACTOR
for anticipated allowable costs that will be incurred by CONTRACTOR for June
2012 and June 2013, during the month of such anticipated expenditure.
19.3 Claims:
19.3.1 CONTRACTOR shall submit monthly reimbursement claims to
be received by ADMINISTRATOR no later than the twentieth (20t") calendar day of
the month for expenses incurred in the preceding month. In the event the
twentieth (20t") calendar day falls on a weekend or COUNTY holiday, CONTRACTOR
shall submit the claim the next business day. COUNTY holidays include New
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Year's Day, Martin Luther King Day, President Lincoln's Birthday, Presidents'
Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day,
Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
19. All reimbursement claims must be submitted on a form
approved by ADMINISTRATOR. ADMINISTRATOR may require CONTRACTOR to submit
supporting source documents with the monthly claim, including, inter alia, a
monthly statement of services, general ledgers, supporting journals, time
sheets, invoices, canceled checks, receipts, and receiving records, some of
which may be required to be copied. Source documents that CONTRACTOR must
submit shall be determined by ADMINISTRATOR and/or the COUNTY's Auditor-
Controller. CONTRACTOR shall- retain all financial records in accordance with
Paragraph 26 (Records, Inspections, and Audits) of this Agreement.
19.3.3 Payments should be released by COUNTY within a reasonable
time period of approximately thirty (30) days after receipt of a correctly
completed claim form and required supporting documentation.
19.4 Year End and Final Claims:
19.4.1 Final claims for the term of March 7, 2012 through June
30, 2012, must be received no later than August 30, 2012 at 5:00 p.m.
19.4.2 Final claims for the term of July 1, 2012 through June 30,
2013, must be received no later than August 30, 2013 at 5:00 p.m.
19.4.3 Claims received after the dates specified in Subparagraphs
19.4.1 and 19.4.2 may not be reimbursed. ADMINISTRATOR may, in its sole
discretion, modify the date upon which the final claim per term must be
received, upon written notice to CONTRACTOR.
19.4.4 The basis for final settlement shall be the actual
allowable costs as defined in Title 45 CFR and OMB Circular A-87, incurred and
paid by CONTRACTOR pursuant to this Agreement: limited, however, to the
maximum obligation of COUNTY. In the event that any overpayment has been
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made, COUNTY may offset the amount of the overpayment against the final
payment. In the event overpayment exceeds the final payment, CONTRACTOR shall
pay COUNTY all such sums within five (5) days of notice from COUNTY. Nothing
herein shall be construed as limiting the remedies of COUNTY in the event an
overpayment has been made.
19.5 Seventy-Five Percent Expenditure Notifications:
19.5.1 CONTRACTOR shall maintain a system of record keeping that
will allow CONTRACTOR to determine when it has incurred seventy-five percent
(75%) of the total contract authorizations under this Agreement. Upon
occurrence of this event, CONTRACTOR shall send written notification to
ADMINISTRATOR.
20. OVERPAYMENTS
Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which
CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in
accordance with any applicable regulations and/or policies in effect during
the term of this Agreement, or as established by COUNTY procedure. Any
overpayments made by COUNTY which result from a payment by any other funding
source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the
funding source. Unless earlier repaid, CONTRACTOR shall make repayment within
thirty (30) days after the date of the final audit findings report and prior
to any administrative appeal process. In the event an overpayment owing by
CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR
shall reimburse COUNTY within thirty (30) days thereafter and prior to any
administrative appeal process. CONTRACTOR agrees to pay all costs incurred by
COUNTY necessary to enforce the provisions set forth in this paragraph.
21. OUTSTANDING DEBT
CONTRACTOR shall have no outstanding debt with ADMINISTRATOR, or shall
be in the process of resolving outstanding debt to ADMINISTRATOR's
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satisfaction, prior to entering into and during the term of this Agreement.
22. REVENUE
22.1 Whenever CONTRACTOR receives any money specifically designated for
use in programs funded through this Agreement, such monies shall be considered
a cost off-set and treated as a reduction against the amount claimed by
CONTRACTOR, except for Program Income as defined in Title 45 CFR Section
92.25, as that section currently exists or may be hereafter amended. The
procedure for designating money as Program Income is set forth in Paragraph 23
of this Agreement.
23. PROGRAM INCOME
It is mutually understood that the State or Federal agency responsible
for providing the funding for this Agreement may designate certain revenue of
CONTRACTOR as Program Income. To be designated as Program Income and,
therefore, as other than a cost off-set, CONTRACTOR shall do all of the
following:
23.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed
Program Income:
23.2 Set up and maintain a separate bank account for any proposed
Program Income and account for any and all such income received; and
23.3 Report to ADMINISTRATOR any and all Program Income received no
later than thirty (30) days from the date of receipt, record the amount
received on internal financial records, and indicate the amount received on
the monthly claim submitted to ADMINISTRATOR.
23.4 ADMINISTRATOR will then forward the plan for the requested use of
the proposed Program Income to the appropriate State and/or Federal agencies
for approval.
23.5 CONTRACTOR shall not spend any of the proposed Program Income
unless or until such time as ADMINISTRATOR obtains authorization for the use
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of the Program Income from the responsible State and/or Federal agency and
provides CONTRACTOR with prior written approval for the use of the funds.
23.6 ADMINISTRATOR may, in its sole discretion, issue future policy
statements and/or instructions with respect to Program Income. CONTRACTOR
shall immediately comply with such policy statements and/or instructions.
24. FINAL REPORT
CONTRACTOR shall complete and submit to ADMINISTRATOR a final report
within sixty (60) days after the termination of this Agreement, which shall
summarize the activities and services provided by CONTRACTOR during the term
of this Agreement. CONTRACTOR and ADMINISTRATOR may mutually agree in writing
to modify the date upon which the final report must be submitted.
25. INDEPENDENT AUDIT
25.1 CONTRACTOR shall employ a licensed certified public accountant who
shall prepare and file with ADMINISTRATOR an annual organization-wide audit of
related expenditures during the term of this Agreement in compliance with the
OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations. The audit must be performed in accordance with generally
accepted government auditing standards and OMB Circular A-87.
25.2 It is mutually understood that CONTRACTOR's organization-wide
audit covers fiscal years beginning July 1 and ending June 30. CONTRACTOR
agrees to provide ADMINISTRATOR with a copy of its organization-wide audit for
the period July 1, 2011, through June 30, 2012, by August 30, 2012.
CONTRACTOR further agrees to provide ADMINISTRATOR with copies of its
organization-wide audits for the period July 1, 2012, through June 30, 2013,
by August 30, 2013. Failure to provide a copy of the organization-wide
audits, for the period March 7, 2012, through June 30, 2013, shall be
sufficient cause for ADMINISTRATOR, in its sole discretion, to deny payment
under this or any subsequent Agreement with CONTRACTOR until such time as the
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required audits are provided to ADMINISTRATOR. ADMINISTRATOR may, in its sole
discretion, modify the date upon which the organization-wide audits must be
received, upon notice to CONTRACTOR.
26. RECORDS, INSPECTIONS AND AUDITS
26.1 Financial Records:
26. CONTRACTOR shall prepare and maintain accurate and
complete financial records. Financial records shall be retained, by
CONTRACTOR, for a minimum of five (5) years from the date of final payment
under this Agreement or until all pending COUNTY, State and Federal audits are
completed, whichever is later.
26.1. CONTRACTOR shall establish and maintain reasonable
accounting, internal control and financial reporting standards in conformity
with generally accepted accounting principles established by the American
Institute of Certified Public Accountants and to the satisfaction of
ADMINISTRATOR.
26.2 Participant Records:
26.2. CONTRACTOR shall prepare and maintain accurate and
complete records of participants served and dates and type of services
provided under the terms of this Agreement in a form acceptable to
ADMINISTRATOR.
26.2.2 All participant records related to services provided under
the terms of this Agreement shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final payment under this Agreement or until
all pending COUNTY, State, and Federal audits are completed, whichever is
later. Notwithstanding anything to the contrary, upon termination of this
Agreement, CONTRACTOR shall relinquish control with respect to participant
records to COUNTY in accordance with Subparagraph 43.2.
26.2.3 COUNTY may refuse payment for a claim if participant
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records are determined by COUNTY to be incomplete or inaccurate. In the event
participant records are determined to be incomplete or inaccurate after
payment has been made, COUNTY may treat such payment as an overpayment within
the provisions of this Agreement.
26.3 Public Records:
With the exception of participant records or other records
referenced in Paragraph 31, entitled Confidentiality, all records, including
but not limited to, reports, audits, notices, claims, statements and
correspondence, required by this Agreement may be subject to public
disclosure. COUNTY will not be liable for any such disclosure.
26.4 Inspections and Audits:
26.4. The U.S. Department of Health and Human Services,
Comptroller General of the United States, Director of CDSS, State Auditor-
General, ADMINISTRATOR, COUNTY's Auditor-Controller and Internal Audit
Department, or any of their authorized representatives, shall have access to
any books, documents, papers and records, including medical records, of
CONTRACTOR which any of them may determine to be pertinent to this Agreement
for the purpose of financial monitoring. Further, all the above mentioned
persons have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed under this Agreement and the
premises in which it is being performed.
26.4.2 CONTRACTOR shall make available its books and financial
records within the borders of Orange County within ten (10) days after receipt
of written demand by ADMINISTRATOR.
26.4.3 In the event CONTRACTOR does not make available its books
and financial records within the borders of Orange County, CONTRACTOR agrees
to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY's
designee, necessary to obtain CONTRACTOR's books and financial records.
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26.4.4 CONTRACTOR shall pay to COUNTY the full amount of COUNTY's
liability to the State or Federal government or any agency thereof resulting
from any disallowances or other audit exceptions to the extent that such
liability is attributable to CONTRACTOR's failure to perform under this
Agreement.
26.5 Evaluation Studies:
CONTRACTOR shall participate as requested by COUNTY in research
and/or evaluative studies designed to show the effectiveness and/or efficiency
of CONTRACTOR's services or provide information about CONTRACTOR's project
27. PERSONNEL DISCLOSURE
27.1 CONTRACTOR shall make available to ADMINISTRATOR a current list of
all personnel providing services hereunder, including resumes and job
applications. Changes to the list will be immediately provided to
ADMINISTRATOR in writing, along with a copy of a resume and/or job
application. The list shall include:
27. Names of all full or part-time personnel by title,
including volunteer personnel, whose direct services are required to provide
the programs described herein;
27.1.2 A brief description of the functions of each position and
the hours each person works each week; or for part-time personnel, each day or
month, as appropriate;
27.1.3 The professional degree, if applicable, and experience
required for each position; and
27.1.4 The language skill, if applicable, for all personnel.
27.2 CONTRACTOR's employment applications shall require applicants to
provide detailed information regarding the conviction of a crime by any court,
for offenses other than minor traffic offenses. Information not disclosed in
the employment application discovered subsequent to the hiring or promotion of
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any applicant shall be cause for termination of that employee.
27.3 Where authorized by law, CONTRACTOR shall conduct, at no cost to
the COUNTY, criminal record background checks on all employees and/or
volunteers who will provide services under this Agreement. Candidates will
satisfy background checks consistent with and comparable to those required for
COUNTY employees.
27.4 CONTRACTOR warrants that all persons employed or otherwise
assigned by CONTRACTOR to provide services under this Agreement have
satisfactory past work records and/or reference checks indicating their
ability to perform the required duties and accept the kind of responsibility
anticipated under this Agreement. CONTRACTOR shall maintain records of
background investigations and reference checks undertaken and coordinated by
CONTRACTOR for each employee and/or volunteer assigned to provide services
under this Agreement for a minimum of five (5) years from the date of final
payment under this Agreement or until all pending COUNTY, State and Federal
audits are completed, whichever is later, in compliance with all applicable
laws.
27.5 CONTRACTOR shall immediately notify ADMINISTRATOR concerning the
arrest and/or subsequent conviction, for offenses other than minor traffic
offenses, of any paid employee and/or volunteer staff performing services
under this Agreement, when such information becomes known to CONTRACTOR.
ADMINISTRATOR, in its sole discretion, may determine whether such employee
and/or volunteer may continue to provide services under this Agreement and
shall provide notice of such determination to CONTRACTOR in writing.
CONTRACTOR's failure to comply with ADMINISTRATOR's decision shall be deemed a
material breach of this Agreement, pursuant to Paragraph 18 above.
27.6 COUNTY has the right to approve or disapprove all of CONTRACTOR's
staff performing work hereunder and any proposed changes in CONTRACTOR's
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staff, including, but not limited to, CONTRACTOR's One Stop Manager.
27.7 COUNTY shall have the right, at its sole discretion, to require
CONTRACTOR to remove any employee from the performance of services under this
Agreement. At the request of COUNTY, CONTRACTOR shall immediately replace
said personnel.
27.8 CONTRACTOR shall notify COUNTY immediately when staff is
terminated for cause from working on this Agreement.
27.9 Disqualification, if any, of CONTRACTOR staff, pursuant to
Paragraph 27, shall not relieve CONTRACTOR of its obligation to complete all
work in accordance with the terms and conditions of this Agreement.
28. EMPLOYMENT ELIGIBILITY VERIFICATION
As applicable, CONTRACTOR warrants that it fully complies with all
Federal and State statutes and regulations regarding the employment of aliens
and others and that all its employees performing work under this Agreement
meet the citizenship or alien status requirement set forth in Federal statutes
and regulations. CONTRACTOR shall obtain, from all employees performing work
hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but
not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324
et seq., as they currently exist and as they may be hereafter amended.
CONTRACTOR shall retain all such documentation for all covered employees for
the period prescribed by the law. CONTRACTOR shall indemnify, defend with
counsel approved in writing by COUNTY, and hold harmless, COUNTY, its agents,
officers, and employees from employer sanctions and any other liability which
may be assessed against CONTRACTOR or COUNTY or both in connection with any
alleged violation of any Federal or State statutes or regulations pertaining
to the eligibility for employment of any persons performing work under this
Agreement.
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29. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING
CONTRACTOR shall establish a procedure acceptable to ADMINISTRATOR to
ensure that all employees, volunteers, consultants, or agents performing
services under this Agreement report child abuse or neglect to one of the
agencies specified in Penal Code Section 11165.9 and dependent adult or elder
abuse as defined in Section 15610.07 of the WIC to one of the agencies
specified in WIC Section 15630. CONTRACTOR shall require such employee,
volunteer, consultant or agent to sign a statement acknowledging the child
abuse reporting requirements set forth in Sections 11166 and 11166.05 of the
Penal Code and the dependent adult and elder abuse reporting requirements as
set forth in Section 15630 of the WIC and will comply with the provisions of
these code sections as they now exist or as they may hereafter be amended.
30. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW
CONTRACTOR shall notify and provide to its employees, a fact sheet
regarding the Safely Surrendered Baby Law, its implementation in Orange
County, and where and how to safely surrender a baby. The fact sheet is
available on the Internet at www.babysafe.ca.gov for printing purposes. The
information shall be posted in all reception areas where clients are served.
31. CONFIDENTIALITY
31.1 CONTRACTOR agrees to maintain the confidentiality of its records
pursuant to WIC Sections 10850-10853, the CDSS MPP, Division 19-000, and all
other provisions of law, and regulations promulgated thereunder relating to
privacy and confidentiality, as each may now exist or be hereafter amended.
31.2 All records and information concerning any and all persons
referred to CONTRACTOR by COUNTY or COUNTY's designee shall be considered and
kept confidential by CONTRACTOR, CONTRACTOR's staff, agents, employees, and
volunteers. CONTRACTOR shall require all of its employees, agents,
subcontractors and volunteer staff who may provide services for CONTRACTOR
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under this Agreement to sign an agreement with CONTRACTOR before commencing
the provision of any such services, to maintain the confidentiality of any and
all materials and information with which they may come into contact, or the
identities or any identifying characteristics or information with respect to
any and all participants referred to CONTRACTOR by COUNTY, except as may be
required to provide services under this Agreement or to those specified in
this Agreement as having the capacity to audit CONTRACTOR, and as to the
latter, only during such audit. CONTRACTOR shall comply with any audits
specified in Paragraph 26, provide reports and any other information required
by COUNTY in the administration of this Agreement, and as otherwise permitted
by law.
31.3 CONTRACTOR shall inform all of its employees, agents,
subcontractors, volunteers and partners of this provision and that any person
knowingly and intentionally violating the provisions of said State law may be
guilty of a crime.
31.4 CONTRACTOR agrees that any and all subcontracts entered into shall
be subject to the confidentiality requirements of this Agreement.
32. COPYRIGHT ACCESS
The U.S. Department of Health and Human Services, the CDSS, and COUNTY
will have a royalty-free, nonexclusive and irrevocable license to publish,
translate, or use, now and hereafter, all material developed under this
Agreement including those covered by copyright.
33. WAIVER
No delay or omission by either party hereto to exercise any right or
power accruing upon any noncompliance or default by the other party with
respect to any of the terms of this Agreement shall impair any such right or
power or be construed to be a waiver thereof. A waiver by either of the
parties hereto of any of the covenants, conditions, or agreements to be
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performed by the other shall not be construed to be a waiver of any succeeding
breach thereof or of any other covenant, condition or agreement herein
contained.
34. PETTY CASH
CONTRACTOR is authorized to establish a petty cash fund in an amount not
to exceed two hundred and fifty dollars ($250.00).
35. PUBLICITY
35.1 Information and solicitations, prepared and released by
CONTRACTOR, concerning the services provided under this Agreement shall state
that the program, wholly or in part, is funded through COUNTY, State and
Federal government funds.
35.2 CONTRACTOR shall not disclose any details in connection with this
Agreement to any person or entity except as may be otherwise provided
hereunder or required by law. However, in recognizing CONTRACTOR's need to
identify its services and related clients to sustain itself, COUNTY shall not
inhibit CONTRACTOR from publishing its role under this Agreement within the
following conditions:
35.2.1 CONTRACTOR shall develop all publicity material in a
professional manner; and
35.2.2 During the term of this Agreement, CONTRACTOR shall not,
and shall not authorize another to, publish or disseminate any commercial
advertisements, press releases, feature articles, or other materials using the
name of COUNTY without the prior written consent of COUNTY. COUNTY shall not
unreasonably withhold written consent.
36. COUNTY RESPONSIBILITIES
ADMINISTRATOR will provide consultation and technical assistance, and
will monitor performance of CONTRACTOR in meeting the terms of this Agreement.
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37. REFERRALS
37.1 CONTRACTOR shall provide services to individuals referred by
ADMINISTRATOR.
38. REPORTS
CONTRACTOR shall provide information deemed necessary by ADMINISTRATOR
to complete any State-required reports related to the services provided under
this Agreement.
CONTRACTOR shall maintain records and submit reports containing such
data and information regarding the performance of CONTRACTOR's services, costs
or other data relating to this Agreement, as may be requested by
ADMINISTRATOR, upon a form approved by ADMINISTRATOR. ADMINISTRATOR may
modify the provisions of this paragraph upon written notice to CONTRACTOR.
39. ENERGY EFFICIENCY STANDARDS
As applicable, CONTRACTOR shall comply with the mandatory standards and
policies relating to energy efficiency in the State Energy Conservation Plan
(Title 24, CCR).
40. ENVIRONMENTAL PROTECTION STANDARDS
CONTRACTOR shall be in compliance with Section 306 of the Clean Air Act
[Title 42 USC Section 1857(h)], Section 508 of the Clean Water Act (Title 33
USC Section 1368), Executive Order 11738 and Environmental Protection Agency,
hereinafter referred to as "EPA," regulations (Title 40 CFR Part 15), as any
may now exist or be hereafter amended. Under these laws and regulations,
CONTRACTOR assures that:
40.1 No facility to be utilized in the performance of the proposed
grant has been listed on the EPA List of Violating Facilities:
40.2 It will notify COUNTY 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
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to be listed on the EPA List of Violating Facilities: and
40.3 It will notify COUNTY and the EPA about any known violation of the
above laws and regulations.
41. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS
CONTRACTOR shall be in compliance with Section 319 of Public Law 101-121
pursuant to Title 31 USC Section 1352 and the guidelines with respect to those
provisions set down by the OMB and published in the Federal Register dated
December 20, 1989, Volume 54, No. 243, pp. 52306-52332. Under these laws and
regulations, it is mutually understood that any contract which utilizes
Federal monies in excess of $100,000 must contain and CONTRACTOR must comply
with the following provisions:
A. The definitions and prohibitions contained in the clause at
Federal Acquisition Regulation 52.203-12, Limitation on Payments to Influence
Certain Federal Transactions, included in this solicitation, are hereby
incorporated by reference in paragraph (B) of this certification.
B. The offeror, by signing its offer, hereby certifies to the
best of his or her knowledge and belief as of December 23, 1989, that
1) No 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 on his or her behalf 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
(including profit or fee received under a covered Federal transaction) have
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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 on his
or her behalf in connection with this solicitation, the offeror shall complete
and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying
Activities, to the Contracting Officer; and
3) He or she will include the language of this
certification in all subcontract awards at any tier and require that all
recipients of subcontract awards in excess of $100,000 shall certify and
disclose accordingly.
C. Submission of this certification and disclosure is a
prerequisite for making or entering into this Agreement imposed by Section
1352, Title 31, USC. Any person who makes an expenditure prohibited under
this provision or who fails to file or amend the disclosure form to be filed
or amended by this provision, shall be subject to a civil penalty of not less
than $10,000, and not more than $100,000, for each such failure.
42. POLITICAL ACTIVITY
CONTRACTOR agrees that the funds provided herein shall not be used to
promote, directly or indirectly, any political party, political candidate or
political activity, except as permitted by law.
43. TERMINATION PROVISIONS
43.1 ADMINISTRATOR may terminate this Agreement without penalty
immediately with cause or after thirty (30) days written notice without cause,
unless otherwise specified. Notice shall be deemed served on the date of
mailing. Cause shall be defined as any breach of contract, any
misrepresentation or fraud on the part of CONTRACTOR. Exercise by
ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of
all further obligations under this Agreement.
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43.2 Upon termination, or notice thereof, CONTRACTOR agrees to
cooperate with ADMINISTRATOR in the orderly transfer of service
responsibilities, active case records, and pertinent documents.
43.3 The obligations of COUNTY under this Agreement are contingent upon
the availability of Federal and/or State funds, as applicable, for the
reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds
for the services hereunder in the budget approved by the Orange County Board
of Supervisors each fiscal year this Agreement remains in effect or operation.
In the event that such funding is terminated or reduced, ADMINISTRATOR may
immediately terminate this Agreement, reduce COUNTY's maximum obligation, or
modify this Agreement, without penalty. The decision of ADMINISTRATOR will be
binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written
notification of such determination. CONTRACTOR shall immediately comply with
ADMINISTRATOR's decision.
43.4 If any provision of this Agreement or the application thereof is
held invalid, the remainder of this Agreement shall not be affected thereby.
44. GOVERNING LAW AND VENUE
This Agreement has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State
of California. In the event of any legal action to enforce or interpret this
Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties
specifically agree to waive any and all rights to request that an action be
transferred for trial to another county.
45. SIGNATURE IN COUNTERPARTS
The parties agree that separate copies of this Agreement may be signed
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by each of the parties and this Agreement will have the same force and effect
as if the original had been signed by all the parties.
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WHEREFORE, the parties hereto have executed this Agreement in the County of
Orange, California.
By:
PAUL M. WALTERS
INTERIM CITY MANAGER
OF SANTA ANA
Dated: / - I Z_
Attest:
MARIA D. HUIZA
CLERK OF THE COUNCIL
By:
COUNTY OF ORANGE
CHAIR OF THE BOARD
OF SUPERVISORS
Dated: ?) / ^7 / /o4-
APPROVED AS TO FORM;
By :
LISA STORCK
ASSISTANT CITY ATTORNEY
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIR OF THE BOARD PER G.C. SEC.
25103, RESO 79-1535 °
ATTEST :
/
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM
COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
By:
DEPUTY
Dated: //I d z_
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EXHIBIT A
TO
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE
1. PROGRAM OBJECTIVE AND GOALS
The objective of the CalWORKs program is to foster family well-being by
enhancing employability, addressing barriers to self-sufficiency, engaging
participants in preparatory activities, and placing participants in paying
jobs with appropriate support where they will earn enough, or consistently
progress toward enough earnings, to be considered self-sufficient and surpass
CalWORKs income limits.
1.1 CONTRACTOR shall provide Vocational Training (VTR) and Work
Experience (WEX) activities to participants to prepare them for unsubsidized
employment.
1.2 CONTRACTOR shall meet each of the following goals throughout the
term of this Agreement:
1.2.1 VTR Enrollments: Ninety percent (90%) of all participants,
referred per Subparagraph 2 of this Exhibit A to this Agreement shall be
enrolled in VTR activities.
1.2.2 WEX Enrollments: Ninety percent (90%) of all participants
referred per Subparagraph 2 of this Exhibit A to this Agreement shall be
enrolled in WEX activities.
1.2.3 VTR Completion Rate: Seventy percent (70%) of
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participants enrolled in VTR activities will complete the activities per the
WTW staff referral.
1.2.4 WEX Completion Rate: Seventy percent (70%) of
participants placed at a WEX worksite will complete the program per the WTW
staff referral.
1:2.5 VTR Employment Rate: Sixty percent (60%) of CalWORKs WTW
participants who attend VTR activities will obtain unsubsidized employment
within thirty (30) calendar days of completing VTR activities. Employment
will be verified on a format approved by ADMINISTRATOR.
1.2.6 WEX Employment Rate: Sixty percent (60%) of CaiWORKs WTW
participants who attend WEX activities will obtain unsubsidized employment
within thirty (30) calendar days of completing WEX activities. Employment
will be verified on a format approved by ADMINISTRATOR.
2. POPULATION TO BE SERVED
2.1 Participants who meet all of the following criteria may be
referred for VTR and WEX activities:
2.1.1 Meet all eligibility requirements of the VTR activity;
2.1.2 Are deemed suitable for the activity by WTW Staff; and
2.1.3 Have not obtained unsubsidized employment sufficient to
meet minimum required hours of WTW participation; and
2.1.4 Have significant barriers to secure employment; and
2.1.5 Have completed a Vocational Assessment; and
2.1.6 Continue to meet CalWORKs financial eligibility criteria;
and
2.1.7 Reside in Orange County.
2.2 CONTRACTOR agrees to provide services to participants referred to
CONTRACTOR by ADMINISTRATOR under this Agreement. All participants referred to
VTR activities must meet all eligibility requirements of the VTR activity.
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2.3 CONTRACTOR shall not refuse participants without discussion and
concurrence by WTW staff prior to any action to minimize issues that impede
participants' ability to complete VTR activities.
3. SERVICES
3.1 CONTRACTOR shall engage participants for the number of hours as
referred by WTW staff.
3.2 Individual CalWORKs WTW participation requirements are currently
as follows and are subject to change according to State and Federal mandates:
3.2.1 Thirty-two (32) hours per week in approved WTW activities
for a one (1) parent Assistance Unit and a two (2) parent Assistance Unit in
which deprivation is based on the disability of one (1) parent: or
3.2.2 Thirty-five (35) hours per week in approved WTW activities
for two (2) parent Assistance Units. One (1) parent can satisfy the total
thirty-five (35) hour requirement. If both parents contribute to the thirty-
five (35) hour requirement then at least one parent shall participate a
minimum of twenty (20) hours per week.
3.3 VTR is a temporary, transitional, and short-term educational
activity, not to exceed twelve (12) months, to prepare participants for
employment in a specific trade, occupation, or vocation. VTR activities must
be provided by vocational-technical schools, postsecondary institutions or
proprietary schools. VTR activities shall be made available to participants
in areas identified as growth oriented, current or emerging occupation,
meeting an unmet community need, and in high demand for new employees. VTR
activities shall include, but not be limited to, the following:
3.3.1 Certified Nurse's Assistant
3.3.2 Office Technology
3.3.3 Child Care Provider
3.3.4 Medical Liens Collections
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3.3.5 Health Care careers
3.3.6 Hospitality
3.3.7 Protective Services
3.3.8 Transportation
3.4 WEX is a planned, structured learning experience that occurs in
the workplace for a limited period not to exceed four (4) months in length.
The WEX work site may include public or private, for-profit or nonprofit
organizations. WEX is a post-assessment activity designed to provide the
participant exposure to work environments. Under close supervision, WEX
activities provide basic job skills and enhance existing job skills and work
experience while meeting an identified community need.
3.5 CONTRACTOR shall be reimbursed by COUNTY for one hundred percent
(100%) of the salary and benefits paid to each WEX participant. CONTRACTOR
shall pay WEX participants at a rate not to exceed eight dollars ($8.00) per
hour, or prevailing California Minimum Wage, for each hour worked, not to
exceed the total number of hours referred by WTW staff. At the end of the
training period it is generally expected that the employer will hire the
participant as a regular employee.
3.6 CONTRACTOR shall obtain prior approval from ADMINISTRATOR for all
VTR and WEX activities provided under this Agreement.
4. CONTRACTOR RESPONSIBILITIES
CONTRACTOR shall;
4.1 Assign a SA WIB CM who will work closely with each participant and
develop a relationship to understand the participant's needs, assess career
goals, and arrange an appropriate VTR or WEX activity.
4.2 Provide an orientation to VTR and WEX activities to all
participants.
4.3 Provide workshops that will enhance participants' success on the
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job, empower participants to manage conflict and change at the workplace, and
assist participants in discovering opportunities for growth and development at
any job.
4.4 Provide training, case management, and coaching to assist the
participant in obtaining and retaining employment.
4.5 Assign participant to an appropriate VTR or WEX activity based on
the participant's experience and interest within seven (7) business days from
the date of the referral, unless otherwise directed by ADMINISTRATOR.
4.6 Monitor the progress of all participants by meeting every two (2)
weeks, or more often if needed, with the participant and the training facility
or work site to discuss action steps needed to successfully complete the
program.
4.7 Use positive reinforcement techniques and ensure participants are
aware that their assignment is being closely monitored.
4.8 Refer participants' supportive services needs, such as food,
transportation, housing, legal assistance, and clothing, to WTW staff for
assistance.
4.9 Maintain a case file for each participant served under this
Agreement in each VTR and WEX activity in a format approved by ADMINISTRATOR.
The case file will include, but not be limited to, the following:
4.9.1 Initial referral form.
4.9.2 Documentation of all correspondence in regards to the
participant's participation in VTR or WEX activities, including any
correspondence involving any subcontractors.
4.9.3 Participant attendance records.
4.9.4 Documentation, including dates, of any problem occurrences
reported by the VTR or WEX work site.
4.9.5 All correspondence related to any Workers' Compensation
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injury.
4.10 Develop relationships with local businesses by networking and
developing work sites for WEX participants.
4.11 Attend meetings as requested by ADMINISTRATOR.
4.12 Cooperate with ADMINISTRATOR with respect to sanctions applied to
participants in the event of participant non-cooperation. This may include
testifying at participant non-compliance hearings.
4.13 Provide internal forms that are not mandated by ADMINISTRATOR or
by program requirements for. review and approval by ADMINISTRATOR prior to
implementation.
4.14 Ensure that all services provided to partici-pants under this
Agreement are conducted in a manner sensitive to literacy, language, and
socio-cultural issues that may impact participants. CONTRACTOR's staff shall
be trained in cultural differences to ensure their ability to recognize and
assist participants who demonstrate language or cultural barriers to
employment, including resistance to participation in Vocational Training
activities (VTR) and Work Experience (WEX). CONTRACTOR shall employ staff who
will provide services in the participant's language or obtain interpreters
when necessary.
5. PRINCIPLES
CONTRACTOR shall ensure that the delivery of services is based on the
following principles:
5.1 Opportunities shall be maximized to provide integrated,
coordinated and easily accessible resources for participants;
5.2 Services shall be family-friendly and family-centered;
5.3 Services shall be community-based and provide integrated services
that coordinate Federal, State and community funding opportunities;
5.4 Participants' strengths shall be identified, utilizing
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motivational and strength-based techniques; and
5.5 Services shall be outcome-driven and identify indicators that
accurately reflect progress towards stated goals.
6. OUTSIDE CONTACTS
6.1 CONTRACTOR shall immediately inform ADMINISTRATOR of any inquiry
from an elected official, their representative, participant advocate, or the
press, and immediately provide information to ADMINISTRATOR for assistance in
coordinating a response.
6.2 CONTRACTOR shall consult with ADMINISTRATOR prior to initiating
contact with an elected official, their representative, participant advocate,
or the press regarding programs provided under this contract.
7. FACILITIES
7.1 It is mutually understood that VTR and WEX activities shall be
provided at a variety of facilities/work sites throughout Orange County, as
defined by CONTRACTOR. It is mutually understood that participants will be
referred to CONTRACTOR at the following facility:
Santa Ana W/O/R/K Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
7.2 Participants will have access to the Santa Ana W/O/R/K Center
where they can access a wide variety of resources including labor market
information and job vacancy listings. They will also have full access to
computers with Internet connectivity, telephones, faxes, and copy machines.
7.3 CONTRACTOR and ADMINISTRATOR may mutually agree in writing to add,
change, modify, or delete facility locations as necessary to best serve the
needs of participants and ADMINISTRATOR.
8. REPORTING REQUIREMENTS
8.1 CONTRACTOR shall maintain records, collect data, and provide
reports mandated by Federal and State governments and as may be required by
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ADMINISTRATOR. Reporting requirements shall include all reports and data
collection that is required to track goals and report progress as noted in
Paragraph 1 of this Exhibit A to this Agreement.
8.2 Reports of problems, including attendance issues, achievements, or
other inquiries about VTR/WEX activities shall be addressed immediately with
the affected participant and employer/instructor: CONTRACTOR shall inform WTW
staff within twenty-four (24) hours. This will allow for quick intervention
and results oriented action to address the issue with the participant.
8.3 CONTRACTOR shall report each participant's monthly attendance and
progress, including achievements, to WTW staff by the tenth (10") calendar day
of the following month in a report format approved by ADMINISTRATOR.
8.4 CONTRACTOR shall provide, by the tenth (10") calendar day of each
month, a status report for the preceding month, in a format approved by
ADMINISTRATOR. The monthly status report shall identify, but not be limited
to, the following:
8.4.1 Referrals received
8.4.2 Participants enrolled
8.4.3 Participants referred back to ADMINISTRATOR for non-
attendance
8.4.4 Participants disenrolled by WTW staff
8.4.5 Participants carried forward from previous month
8.4.6 Completions of VTR/WEX activity
8.4.7 Placements in unsubsidized employment
8.4.8 Average wage
8.4.9 Complaints received
9. PERFORMANCE MONITORING AND REVIEW
9.1 CONTRACTOR's performance will be monitored and reviewed by
ADMINISTRATOR. CONTRACTOR shall cooperate and assist ADMINISTRATOR in
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monitoring performance. ADMINISTRATOR will conduct case reviews as part of an
on-going evaluation of CONTRACTOR's performance.
9.2 ADMINISTRATOR may use a variety of inspection methods to evaluate
CONTRACTOR's performance, including but not limited to:
9.2.1 Random sampling of program activities including a review
of. case files each month;
9.2.2 Activity checklists and random observations;
9.2.3 Inspect output items on a periodic basis as deemed
necessary;
9.2.4 Computer Information System reported results;
9.2.5 Participants' complaints and/or participants'
questionnaires; and
9.2.6 Service provider complaints or reports.
9.3 CONTRACTOR may require corrective action plans when it is
determined that services are performed unsatisfactorily during the review
period. CONTRACTOR shall remedy the performance defects within the time
period specified in the corrective action plan.
9.4 Performance evaluation meetings will be conducted by ADMINISTRATOR
as necessary.
9.5 CONTRACTOR shall cooperate with ADMINISTRATOR in providing the
information necessary for monitoring this Agreement, and with authorized State
or Federal representatives who may audit WTW Program services.
10. QUALITY CONTROL
10.1 CONTRACTOR shall maintain a complete internal Quality Control Plan
to ensure that the requirements of this Agreement are met. The Quality
Control Plan shall include, but not be limited to:
10.1.1 Activities to be inspected on either a scheduled or
unscheduled basis, how often inspections will be accomplished, and the title
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of the individual(s) who will perform the inspections;
10.1.2 Specific methods to identify and prevent deficiencies in
the quality of service performed, prior to unacceptable performance levels;
10.1.3 Method for continuing services in the event of a strike of
CONTRACTOR's employees or a natural disaster; and
10.1.4 Maintenance of all. inspection files and, if necessary,
corrective action taken.
10.2 CONTRACTOR shall cooperate with any third party audit or
inspections as required by ADMINISTRATOR or other COUNTY, State or Federal
agency.
11. WELFARE FRAUD
11.1 CONTRACTOR shall report to the appropriate CalWORKS WTW staff,
when eligibility or supportive services payment fraud is suspected, either by
the participant or a service provider.
12. HANDLING COMPLAINTS
CONTRACTOR shall develop, operate, and maintain procedures for
receiving, investigating, and responding to service providers and participant
complaints, including Civil Rights complaints against direct service providers
made by participants, requests for State Hearings and formal grievances,
requests for COUNTY reviews, and other complaints relating to VTR activities
and WEX.
12.1 ADMINISTRATOR shall be notified immediately of all Civil Rights
complaints.
12.2 With respect to any complaints made by participants, CONTRACTOR
shall identify issues with potential legal implications, and review any such
cases with ADMINISTRATOR prior to responding to the complaints.
12.3 CONTRACTOR shall maintain a log for identification and response to
participants' complaints. When complaints cannot be resolved informally, a
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system of follow-through shall be instituted which adheres to formal plans for
specific actions and response to complaints within two (2) business days.
12.4 CONTRACTOR shall provide, in a format approved by ADMINISTRATOR,
information pertaining to complaints, as well as CONTRACTOR's response to any
complaints to ADMINISTRATOR, as described above, within ten (10) business days
of the complaint.
12.5 CONTRACTOR shall include a summary of all complaints received in
the Monthly Status Reports submitted to COUNTY per Subparagraph 8.4 above.
13. HOURS OF OPERATION
At a minimum, CONTRACTOR shall maintain business hours of Monday through
Friday from the hours of 8:00 a.m. to 5:00 p.m. (COUNTY holidays excluded) as
well as scheduled evening and weekend hours to best meet the needs of
participants and their families. See Subparagraph 19.3.1 of this Agreement for
a list of COUNTY holidays.
14. BUDGET FOR PROVISION OF VTR AND WEX
14.1 The budget for services provided pursuant to Exhibit A of this
Agreement shall span sixteen (16) months and is set forth as follows:
Budget Period March 7, 2012 - June 30, 2012
I -: .-- Tl ...v_
Salaries and Benefits
Workforce Specialist II
Workforce Specialist II
Fiscal Specialist
Sr. Accounting Assistant
Subtotal Salaries
Benefits (25.4%)
Subtotal Salaries and Benefits`1)`z)
Operations
Communications
User Fee
Office Supplies
Indirect Costs
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Maximum
Hourly Rate FTE Budget
$29 .63 1.00 $20,543
$29 .99 1.00 $20,793
$36 .59 0.03 $761
$27 .37 0.05 $949
$43,046
$14,652
$57,698
$740
$4,703
$425
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Subtotal Operations
Participant Costs
Work Experience Wages 131
Benefits"'
Vocational Training(s)
Subtotal Participant Costs
MAXIMUM COUNTY OBLIGATION (3/7/12-6/30/12)
Budget Period July 1, 2012 - June 30, 2013
Salaries and Benefits
Workforce Specialist II
Workforce Specialist. II
Fiscal Specialist
Sr. Accounting Assistant
Subtotal Salaries
Benefits (27.8%)
Subtotal Salaries and Benefits(l)(2)
Operations
Communications
User Fee
Office Supplies
Indirect Costs
Subtotal Operations
Participant Costs
Work Experience Wages"'
Benefits`"
Vocational Training (5)
Subtotal Participant Costs
MAXIMUM COUNTY OBLIGATION (7/1/12-6/30/13)
$8,158
$116,644
$11,385
$6,115
$134,144
$200,000
Maximum
Hourly Rate FTE Cost
$29.63 1.00 $57,838
$29.99 1.00 $58,540
$36.59 0.03 $2,143
$27.37 0.05 $2,846
$121,367
$46,735
$168,102
$2,220
$14,108
$882
$6,978
$24,188
$196,551
$19,184
$191,975
$407,710
$600,000
TOTAL MAXIMUM COUNTY OBLIGATION (3/7/12-6/30/13) $800,000
(1) Total salaries are calculated on maximum hourly rates. July 1, 2012 -
June 30, 2013 salary costs are based on total hours worked that includes
anticipated furlough hours for Workforce Specialist II and Fiscal
Specialist positions.
(2) Employee Benefits include health insurance, dental insurance, life
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insurance, and long-term disability insurance. Also included are payroll
taxes such as FICA, Federal Unemployment Tax, State Unemployment Tax, and
Worker's Compensation Tax, based on the currently prevailing rates.
(3) Enrollments in WEX activities are contingent upon availability of funds
and shall consist of a minimum of thirteen (13) enrollments for the
period of March 7, 2012 through June 30, 2012; and forty (40) enrollments
for the period of July 1, 2012 through June 30, 2013.
(4) Benefits costs included are payroll taxes such as FICA, Federal
Unemployment Tax, State Unemployment Tax, and Worker's Compensation Tax,
based on the currently prevailing rates.
(5) Enrollments in VTR activities are contingent upon availability of funds
and shall consist of a minimum of thirteen (13) enrollments for the
period of March 7, 2012 through June 30, 2012; and forty (40) enrollments
for the period of July 1, 2012 through June 30, 2013.
14.2 CONTRACTOR and ADMINISTRATOR may agree, subject to advance written
notice to add, delete, or otherwise modify line items and/or amounts and/or
the number and type of FTE positions without changing COUNTY'S maximum
obligation as stated in Subparagraph 19.1 of this Agreement or reducing the
level of service to be provided by CONTRACTOR. Further, in accordance with
Subparagraph 43.3 of this Agreement, in the event ADMINISTRATOR reduces the
maximum obligation as stated in Subparagraph 19.1, CONTRACTOR and
ADMINISTRATOR may mutually agree in writing to proportionately reduce the
service goals as set forth in this Exhibit A to this Agreement.
15. STAFF
CONTRACTOR shall employ staff with experience in placing participants
with a limited English vocabulary in an environment that facilitates the
development of the English language. CONTRACTOR's staff shall be able to
read, write, speak, and understand English. CONTRACTOR shall provide
bilingual staff to serve participants who speak Spanish or Vietnamese. The
ratio of bilingual staff shall be consistent with and proportional to the
target population, as determined by ADMINISTRATOR. In addition, CONTRACTOR
shall be required to provide translation services for all other languages as
needed to ensure all participants are provided services in the language they
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speak.
CONTRACTOR shall comply with all COUNTY, State, and Federal regulations
regarding Limited English Proficiency (LEP). LEP regulations affect anyone
who participates in a Federally funded program, and who has English as his or
her second language and is limited in his or her English language proficiency.
15.1 Staff Training
15.1.1 CONTRACTOR's staff directly serving participants and first
line supervisors shall be thoroughly familiar with the WTW service delivery
model contained in the current Orange County Ca1WORKs Plan; COUNTY policies
and related instructions: COUNTY data systems, including service delivery and
payment systems: welfare fraud and child abuse/elder abuse reporting
requirements: the State Hearing process; and Civil Rights compliance
requirements.
15. COUNTY will provide relevant program policies and
operational procedures to CONTRACTOR during start-up, and subsequently as
these materials are revised or new policies are developed.
15.1.3 COUNTY will provide initial training to a limited number
of CONTRACTOR's staff with respect to CalWORKs WTW regulations and COUNTY
policies and procedures. CONTRACTOR shall conduct subsequent training(s) and
refresher training yearly. COUNTY will provide technical information to
CONTRACTOR on these requirements, but it will be CONTRACTOR's sole
responsibility to ensure that CONTRACTOR's staff understand and correctly
implement the requirements cited when providing WTW services.
15.1.4 CONTRACTOR shall be required to attend training(s) and/or
meetings that COUNTY determines to be mandatory, and provide CONTRACTOR staff
with ongoing training and assistance to ensure that contract deliverables are
met.
28 II 15.1.5 CONTRACTOR shall ensure that CONTRACTOR's staff receives
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training in understanding the cultural differences among groups of
participants, and recognizes and effectively intervenes to overcome any
language and/or cultural barriers to employment.
15.1.6 CONTRACTOR shall maintain a log of in-house training
activities and participants. This log shall be made available to COUNTY upon
request.
15.2 Staff Duties and Qualifications:
CONTRACTOR shall provide the following described staff positions:
15.2.1 Workforce Specialist II (SA WIB Case Manager)
Duties:
15.2.1.1 Determines applicant eligibility for workforce
development programs, manages a caseload, advises clients of career and
training opportunities, develops client's employment plan, and is responsible
for client outcomes.
15.2.1.2 Oversees client job search activities and
program enrollments, identifies and develops job opportunities appropriate to
clients, and uses a computer to track client progress.
15.2.1.3 Markets services to employers and to job-
seekers, conducts employment/job sector workshops, gives presentations and
prepares informational materials, and maintains contacts within the business
community to provide employers with qualified candidates.
15.2.1.4 Monitors employment rate/employee retention rate
and customer satisfaction rate and develops plans for improvement.
15.2.1.5 Monitors eligibility and program files to ensure
compliance with Federal and State regulations, including WTW regulations:
performs site visits, and maintains details records and writes reports.
15.2.1.6 Collects and compiles data to generate detailed
technical reports, writes articles, and prepares publications regarding the
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WIB to the public.
15.2.1.7 Organizes and implements WIB sponsored events,
participates as a team player, and applies principles of Total Quality Service
in all activities.
Qualifications:
15.2.1.8 One (1) year of progressively responsible.
workforce development program experience or college level coursework in
psychology, sociology, counseling, human services, business administration,
accounting, public administration- and other related subjects may be used in
combination with experience to meet the necessary qualifications, or any
equivalent combination of training and experience which provides the desirable
knowledge, skills, and abilities.
15.2.1.9 Knowledge of Federal and State regulations
pertaining to workforce development programs, interviewing techniques and
methods of determining program eligibility; employment market; agencies
providing resources; methods of case management, data collections, and
monitoring.
15.2.1.10 Ability to understand, interpret, and implement
Federal and State regulations; organize and effectively manage a heavy and
varied caseload to meet program performance standards; coordinate and conduct
meetings: make public presentations; communicate clearly and concisely; and
keep detailed and accurate records.
15.2.2 Fiscal Specialist
Duties:
15.2.2.1 Prepares the Employment Services Division
budget, monitors it on a weekly basis, and reconciles accounts.
15.2.2.2 Communicates with appropriate staff and
government/business partners to ensure programs are implemented within the
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parameters of the Workforce Investment Act.
15.2.2.3 Prepares and monitors contracts for services
providers and conducts biannual monitoring of all programs and contactors.
15.2.2.4 Interface with regulators from the Federal and
State governments, prepares written reports of visits, and ensures
implementation of any corrective actions.
15.2.2.5 Prepares and monitors payroll, including
participant timecards, to make sure that cost and hour overruns are
reasonable.
15.2.2.6 Coordinates support staff work flow including
the creation and retention of files for auditing purposes.
15.2.2.7 Interface with the landlord to ensure a healthy,
comfortable, and professional work environment.
Qualifications:
15.2.2.8 One (1) year experience in accounting, budgeting
or monitoring/analyzing funding programs and a degree from an accredited four
(4) year college or university with a degree in accounting, finance, business
administration or related field, or any equivalent combination of education,
training, and experience which provides the desirable knowledge, skills and
abilities.
15.2.2.9 Knowledge of Federal and State Workforce
Investment Act funding regulations, budgetary processes, and general
accounting principles.
15.2.2.10 Ability to track programs and expenditures,
evaluation accounting and financial problems, communicate clearly and
concisely, and coordinate and schedule the work flow of individuals.
15.2.3 Senior Accountinq Assistant
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Duties:
15.2.3.1 Prepares and maintains financial and accounting
records by gathering, assembling, tabulating, comparing, verifying, and
posting financial and statistical data.
15.2.3.2 Prepares or verifies and processes bills,
invoices, and similar documents.
15.2.3.3 Posts and balances cash books, ledgers,
subsidiary journals, and other financial and accounting records.
15.2.3.4 Reconciles accounts to general ledgers and
prepares routing reports and statements.
15.2.3.5 Analyzes and prepares reports of encumbrances
and expenditures for department programs.
15.2.3.6 Performs cost research and cost recovery
analysis.
15.2.3.7 Receives money and maintains records of
receipts, files of invoices and other financial transaction documents.
Qualifications:
15.2.3.8 Two (2) years of experience performing
responsible accounting, financial, statistical or other specialized office
clerical work supplemented by courses in accounting, finance, business, office
practices, or related coursework; or any equivalent combination of training
and experience which provides the knowledge, skills and abilities in
accounting methods and government budgeting.
15.2.3.9 Knowledge of bookkeeping principles and
practices, fund accounting and governmental accounting methods.
15.2.3.10 Ability to keep bookkeeping accounts and prepare
financial statements and make arithmetic calculations.
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