HomeMy WebLinkAbout25B - AGMT - VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAMREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 6, 2013
TITLE:
AGREEMENT WITH COUNTY OF ORANGE
SOCIAL SERVICES AGENCY FOR
VOCATIONAL TRAINING AND WORK
EXPERIENCE PROG
C
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with the
County of Orange Social Services Agency in the amount of $1,600,000 for a term effective July 1,
2013 through June 30, 2015, subject to non-substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The County of Orange Social Services Agency administers a CaIWORKs Welfare to Work (WTW)
Program designed to provide case management, job services, job training, and supportive services
to assist CalWORKs recipients to overcome barriers and obtain or maintain stable employment.
The goal of the program is for the participating individuals to achieve economic self-sufficiency.
County Welfare Departments may provide these services directly or may enter into contracts with
private or public agencies for the provision of these services.
The City of Santa Ana WORK Center has experience providing such services and was awarded a
$1,600,000 contract to provide vocational training and work experience activities to CalWORKs
WTW participants. Staff will also provide case management, employability skills training, worksite
development, and job placement services. The program will serve 109 participants from July 1,
2013 through June 30, 2014 and 109 participants from July 1, 2014 through June 30, 2015 in an
annual amount not to exceed $800,000 per year.
25B-1
Agreement with County of Orange SSA for
Vocational Training and Work Experience
May 6, 2013
Page 2
FISCAL IMPACT
Funds will be appropriated as part of the Fiscal Year 2013-14 and 2014-15 budget process and
will be available in the County of Orange Social Services Agency Welfare to Work Program
account (no. 12418737 - various) upon adoption of the budget by City Council.
APPROVED AS TO FUNDS AND ACCOUNTS:
s r)Vtz? t/-
Sandi Gottlieb
Acting Executive Director
Community Development Agency
Francisco utierrez
Executive Director
Finance & Management Services Agency
SG/LAO/CD/kg
Exhibit: 1. County of Orange Social Services Agency Agreement
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FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK
EXPERIENCE
THIS AGREEMENT, entered into this 1st day of July, 2013,
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."
W I T N E S S E T H:
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;
EXHIBIT 1
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
WHEREAS, such services 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 ......................................................5
2. ALTERATION OF TERMS .......................................5
3. DEFINITIONS ...............................................5
4. STATUS OF CONTRACTOR ......................................9
5. DESCRIPTION OF SERVICES, STAFFING .........................9
6. LICENSES AND STANDARDS ...................................10
7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS ...................11
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE13
9. NON-DISCRIMINATION .......................................16
10. NOTICES ..................................................20
11. NOTICE OF DELAYS .........................................20
12. INDEMNIFICATION ..........................................20
13. INSURANCE ................................................21
14. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS ...............22
15. CONFLICT OF INTEREST .....................................23
16.ANTI-PROSELYTISM PROVISION ...............................23
17. SUPPLANTING GOVERNMENT FUNDS .............................23
18. EQUIPMENT ................................................24
19. BREACH SANCTIONS .........................................26
20. PAYMENTS .................................................26
21. OVERPAYMENTS .............................................29
22. OUTSTANDING DEBT ..........................................29
23. REVENUE ..................................................30
24. PROGRAM INCOME ...........................................30
25. FINAL REPORT .............................................31
26. INDEPENDENT AUDIT ........................................31
27. RECORDS, INSPECTIONS AND AUDITS ..........................32
28. PERSONNEL DISCLOSURE .....................................35
29. EMPLOYMENT ELIGIBILITY VERIFICATION ....... 37
30. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING ..........38
31.NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY
LAW ......................................................38
32. CONFIDENTIALITY ..........................................38
33. COPYRIGHT ACCESS .........................................40
34. WAIVER ...................................................40
35. PETTY CASH ...............................................40
36. PUBLICITY ................................................40
37. COUNTY RESPONSIBILITIES ..................................41
38. REFERRALS ................................................41
39. REPORTS ..................................................41
40. ENERGY EFFICIENCY STANDARDS ..............................42
41. ENVIRONMENTAL PROTECTION STANDARDS .......................42
42.CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS .............................42
43. POLITICAL ACTIVITY .......................................44
44. TERMINATION PROVISIONS ...................................44
45. GOVERNING LAW AND VENUE ..................................45
46. SIGNATURE IN COUNTERPARTS ................................46
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EXHIBIT A
1. PROGRAM OBJECTIVE AND GOALS ...............................1
2. POPULATION TO BE SERVED ...................................2
3. SERVICES ..................................................3
4. CONTRACTOR RESPONSIBILITIES ...............................5
5. PRINCIPLES ................................................8
6. OUTSIDE CONTACTS ..........................................9
7. FACILITIES ................................................9
8. REPORTING REQUIREMENTS ...................................10
9. PERFORMANCE MONITORING AND REVIEW ........................11
10. QUALITY CONTROL ...........................................12
11. WELFARE FRAUD .............................................12
12. HANDLING COMPLAINTS .......................................13
13. HOURS OF OPERATION .......................................13
14. BUDGET FOR PROVISION OF VTR AND WEX ......................14
15. STAFF ....................................................17
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1. TERM
The term of this Agreement shall commence on July 1, 2013,
and terminate on June 30, 2015, unless earlier terminated
pursuant to the provisions of Paragraph 44 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 20.1 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 Barriers to Employment: Circumstances, such as mental
health, substance abuse, housing issues, and learning disability
etc., which interfere with Welfare-To-Work (WTW) participation,
employment, or job search.
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3.2 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.
3.3 Multi-Disciplinary Team (MDT): A team of individuals
from diverse backgrounds who meets to engage in a strength-based
discussion of a client's situation. The MDT reviews case and
family elements to optimize the client's WTW activities or
develop other appropriate service plans for CalWORKs individuals
and families. MDT members may consist of staff from the
following areas: Social Services Agency (SSA) CalWORKs; Domestic
Abuse Services; Behavior Health Services; Public Health Nurse;
One-Stop Centers; SSA Children and Families Services; 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.
3.4 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 WORK Center.
3.5 One-Stop Partner: One of the entities responsible for
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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.
3.6 Participant: Recipients of CalWORKs financial
assistance benefits who are required to participate, or have
voluntarily enrolled, in the WTW program pursuant to State
regulations and County policy.
3.7 Placement: A WTW participant is hired by an employer
in an unsubsidized employment for the minimum required work
participation hours and is earning at least minimum wage, as
referenced in SSA policy.
3.8 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.
3.9 Santa Ana Workforce Investment Board Case Manager (SA
WIB CM) : An employee of the Santa Ana WORK 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
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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.
3.10 Supportive Services: Payments made by ADMINISTRATOR
provided to or on behalf of WTW participants for child care,
transportation, and ancillary expenses.
3.11 Vocational Assessment: An evaluation of participant's
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.
3.12 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 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
monitor the progression of the participant through the WTW
program and has primary responsibility to resolve the
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participant's supportive services needs and address barriers.
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 Work Participation Hours: The number of hours per week
a participant is required to engage in WTW activities, based on
Federal and State requirements.
3.16 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
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"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 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 to perform the services described in this
Agreement, 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
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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 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 Assianment:
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,
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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 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
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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 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
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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, 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.
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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 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
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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
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U.S. Department of Health and Human Services.
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 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.
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
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(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 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
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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:
County Civil Rights Contact:
Orange County Social Services Agency
Program Integrity
Attn: Civil Rights Coordinator
P.O. Box 22001
(WAM0313)
Santa Ana, CA 92702-2001
Telephone: (714) 438-8877
State Civil Rights Contact:
California Department of Social Services
Civil Rights Bureau
P.O. Box 944243, M.S. 15-70
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
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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 WORK Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
All notices shall be deemed effective when in writing and
deposited in the United States mail, first class, postage prepaid
and addressed as above. Any notices, claims, correspondence,
reports, and/or statements authorized or required by this
Agreement addressed in any other fashion shall be deemed not
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
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
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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
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.
13. INSURANCE
13.1 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
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provide thirty (30) days prior written notice to COUNTY.
13.2 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.
13.3 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.
13.4 If CONTRACTOR fails to maintain proof of insurance
acceptable to the COUNTY for the full term of this Agreement.
COUNTY may terminate this Agreement.
13.5 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.
14. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS
CONTRACTOR shall report to COUNTY:
14.1 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.
14.2 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.
14.3 Any injury to an employee of CONTRACTOR that occurs on
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COUNTY property. Such report shall be submitted to COUNTY within
twenty-four (24) hours of occurrence.
14.4 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) hours
of occurrence.
15. CONFLICT OF INTEREST
15.1 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.
15.2 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.
16. 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.
17. SUPPLANTING GOVERNMENT FUNDS
CONTRACTOR shall not supplant any Federal, State or COUNTY
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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.
18. EQUIPMENT
18.1 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:
18.1.1To maintain all items of Capital Equipment in
good working order and condition, normal wear and tear excepted.
18.1.2To label all items of Capital Equipment, do
periodic inventories as required by ADMINISTRATOR and to maintain
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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
ADMINISTRATOR within ten (10) days of any request therefore.
18. 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.
18.1.4To 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.
18.2 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.
18.3 No personal computers or any component thereof may be
purchased with funds provided under this Agreement.
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19. 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:
19.1 Afford CONTRACTOR a time period within which to cure
the breach, which period shall be established at the sole
discretion of ADMINISTRATOR; and/or
19.2 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
19.3 Offset against any monies billed by CONTRACTOR but yet
unpaid by COUNTY those monies disallowed pursuant to Subparagraph
19.2 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.
20. PAYMENTS
20.1 Maximum Contractual Obliaation:
The total maximum obligation of COUNTY under this
Agreement shall not exceed the amount of $1,600,000; the amount
of $800,000 for July 1, 2013 through June 30, 2014 and the amount
of $800,000 for July 1, 2014 through June 30, 2015, or actual
allowable costs, whichever is less.
20.2 Allowable Costs:
During the term of this Agreement, COUNTY shall pay
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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 2014 and June 2015, during the month of such anticipated
expenditure.
20.3 Claims:
20.3.1 CONTRACTOR shall submit monthly reimbursement
claims to be received by ADMINISTRATOR no later than the
twentieth (20th) calendar day of the month for expenses incurred
in the preceding month. In the event the twentieth (20th)
calendar day falls on a weekend or COUNTY holiday, CONTRACTOR
shall submit the claim the next business day. COUNTY holidays
include New 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.
20.3.2A11 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
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financial records in accordance with Paragraph 27 (Records,
Inspections, and Audits) of this Agreement.
20.3.3Payments 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.
20.4 Year End and Final Claims:
20. Final
through June 30, 2014,
2014 at 5:00 p.m.
20. Final
through June 30, 2015,
2015 at 5:00 p.m.
20. Claims
claims
must be
claims
must be
receivE
for the
received
for the
received
?d after
term of July 1, 2013
no later than August 30,
term of July 1, 2014
no later than August 30,
the dates specified in
Subparagraphs 20.4.1 and 20.4.2 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.
20.4.4The 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 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) business days of
notice from COUNTY. Nothing herein shall be construed as
limiting the remedies of COUNTY in the event an overpayment has
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been made.
20.5 Seventy-Five Percent Expenditure Notifications:
20.5.1 CONTRACTOR shall maintain a system of record
keeping that will allow CONTRACTOR to determine when it has
incurred seventy-five percent (750) of the total contract
authorizations under this Agreement. Upon occurrence of this
event, CONTRACTOR shall send written notification to
ADMINISTRATOR.
21. 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.
22. OUTSTANDING DEBT
CONTRACTOR shall have no outstanding debt with
ADMINISTRATOR, or shall be in the process of resolving
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outstanding debt to ADMINISTRATOR's satisfaction, prior to
entering into and during the term of this Agreement.
23. REVENUE
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 24 of this Agreement.
24. 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:
24.1 Submit a plan to ADMINISTRATOR for the use of any and
all proposed Program Income;
24.2 Set up and maintain a separate bank account for any
proposed Program Income and account for any and all such income
received; and
24.3 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.
24.4 ADMINISTRATOR will then forward the plan for the
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requested use of the proposed Program Income to the appropriate
State and/or Federal agencies for approval.
24.5 CONTRACTOR shall not spend any of the proposed Program
Income unless or until such time as ADMINISTRATOR obtains
authorization for the use 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.
24.6 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.
25. 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.
26. INDEPENDENT AUDIT
26.1 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.
26.2 It is mutually understood that CONTRACTOR's
organization-wide audit covers fiscal years beginning July 1 and
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ending June 30. CONTRACTOR agrees to provide ADMINISTRATOR with
a copy of its organization-wide audit for the period July 1,
2013, through June 30, 2014, by August 30, 2014. CONTRACTOR
further agrees to provide ADMINISTRATOR with copies of its
organization-wide audits for the period July 1, 2014, through
June 30, 2015, by August 30, 2015. Failure to provide a copy of
the organization-wide audits, for the period July 1, 2013,
through June 30, 2015, 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 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.
27. RECORDS, INSPECTIONS AND AUDITS
27.1 Financial Records:
27. 1. 1 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.
27.1.2 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.
27.2 Participant Records:
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27.2.1 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.
27. 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
44.2.
27.2.3 COUNTY may refuse payment for a claim if
participant 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.
27.3 Public Records:
With the exception of participant records or other
records referenced in Paragraph 32, 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.
27.4 Inspections and Audits:
27.4.1The U.S. Department of Health and Human
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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.
27. 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.
27.4.3In 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.
27.4.4 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.
27.5 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
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provide information about CONTRACTOR's project
28. PERSONNEL DISCLOSURE
28.1 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:
28.1.1Names of all full or part-time personnel by
title, including volunteer personnel, whose direct services are
required to provide the programs described herein;
28.1.2A 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;
28. The professional degree, if applicable, and
experience required for each position; and
28. The language skill, if applicable, for all
personnel.
28.2 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
any applicant shall be cause for termination of that employee.
28.3 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.
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28.4 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.
28.5 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 19 above.
28.6 COUNTY has the right to approve or disapprove all of
CONTRACTOR's staff performing work hereunder and any proposed
changes in CONTRACTOR's staff, including, but not limited to,
CONTRACTOR's One Stop Manager.
28.7 COUNTY shall have the right, at its sole discretion, to
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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.
28.8 CONTRACTOR shall notify COUNTY immediately when staff
is terminated for cause from working on this Agreement.
28.9 Disqualification, if any, of CONTRACTOR staff, pursuant
to Paragraph 28, shall not relieve CONTRACTOR of its obligation
to complete all work in accordance with the terms and conditions
of this Agreement.
29. 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
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Federal or State statutes or regulations pertaining to the
eligibility for employment of any persons performing work under
this Agreement.
30. 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.
31. 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.
32. CONFIDENTIALITY
32.1 CONTRACTOR agrees to maintain the confidentiality of
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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.
32.2 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 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 27, provide reports and any other information required
by COUNTY in the administration of this Agreement, and as
otherwise permitted by law.
32.3 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.
32.4 CONTRACTOR agrees that any and all subcontracts entered
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into shall be subject to the confidentiality requirements of this
Agreement.
33. 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.
34. 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 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.
35. PETTY CASH
CONTRACTOR is authorized to establish a petty cash fund in
an amount not to exceed two hundred and fifty dollars ($250.00).
36. PUBLICITY
36.1 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.
36.2 CONTRACTOR shall not disclose any details in connection
with this Agreement to any person or entity except as may be
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otherwise provided hereunder or required by
recognizing CONTRACTOR's need to identify
related clients to sustain itself, COUNTY
CONTRACTOR from publishing its role under th
the following conditions:
36.2. 1 CONTRACTOR shall develop all
in a professional manner; and
36.2.2During 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.
37. COUNTY RESPONSIBILITIES
ADMINISTRATOR will provide consultation and technical
assistance, and will monitor performance of CONTRACTOR in meeting
the terms of this Agreement.
38. REFERRALS
CONTRACTOR shall provide services to individuals referred by
ADMINISTRATOR.
law. However, in
its services and
shall not inhibit
is Agreement within
publicity material
39. 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
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approved by ADMINISTRATOR. ADMINISTRATOR may modify the
provisions of this paragraph upon written notice to CONTRACTOR.
40. 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).
41. 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:
41.1 No facility to be utilized in the performance of the
proposed grant has been listed on the EPA List of Violating
Facilities;
41.2 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 to be listed on the EPA List
of Violating Facilities; and
41.3 It will notify COUNTY and the EPA about any known
violation of the above laws and regulations.
42. 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
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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 been paid, or will be paid, to any person for
influencing or attempting to influence an officer or employee of
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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.
43. 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.
44. TERMINATION PROVISIONS
44.1 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
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part of CONTRACTOR. Exercise by ADMINISTRATOR of the right to
terminate this Agreement shall relieve COUNTY of all further
obligations under this Agreement.
44.2 Upon termination, or notice thereof, CONTRACTOR agrees
to cooperate with ADMINISTRATOR in the orderly transfer of
service responsibilities, active case records, and pertinent
documents.
44.3 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.
44.4 If any provision of this Agreement or the application
thereof is held invalid, the remainder of this Agreement shall
not be affected thereby.
45. 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
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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.
46. SIGNATURE IN COUNTERPARTS
The parties agree that separate copies of this Agreement may
be signed 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:
Dated:
Attest:
By:
KEVIN O'ROURKE
INTERIM CITY MANAGER
OF SANTA ANA
MARIA D. HUIZAR
CLERK OF THE COUNCIL
By:
COUNTY OF ORANGE
CHAIR OF THE BOARD
OF SUPERVISORS
Dated:
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:
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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
It is mutually understood that the primary objective of the
CalWORKS program is to promote family well-being by enhancing
employability, of participants through preparatory activities and
placement in paying jobs, with appropriate support where they
will earn enough, or consistently progress toward enough
earnings, to be considered self-sufficient and leave the program
within State provisions.
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: Eighty percent (800) 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: Eighty percent (80o) of all
participants referred per Subparagraph 2 of this Exhibit A to
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this Agreement shall be enrolled in WEX activities.
1.2.3 VTR Completion Rate: Seventy percent (700) of
participants enrolled in VTR activities will complete the
activities per the WTW staff referral.
1.2.4 WEX Completion Rate: Seventy percent (700) 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
CalWORKs 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, per SSA policy:
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;
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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.
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 One (1) Parent Assistance Unit:
A. Twenty (20) hours per week for single parents
with a child under six (6) years old.
B. Thirty (30) hours per week for single parents
without a child under six (6) years old.
3.2.2 Two (2) Parent Assistance Unit:
A. Thirty-five (35) hours per week for two (2)
parent Assistance Units. One (1) parent can satisfy the total
thirty-five (35) hour requirement. If both parents contribute to
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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. Due to the WTW twenty-four (24) Month
Time Clock, the VTR twelve (12) month lifetime limit has been
extended an additional twenty-four (24) months, not to exceed a
total of thirty-six (36) months, with prior approval from the SSA
Program Manager. 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
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-
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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 (1000) 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 Discuss and obtain concurrence with WTW staff prior to
returning participant for identified barriers /noncooperation to
minimize issues that impede participants' ability to complete the
VTR or WEX activity.
4.3 Provide an orientation to VTR and WEX activities to all
participants.
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4.4 Provide workshops that will enhance participants'
success on the job, empower participants to manage conflict and
change at the workplace, and assist participants in discovering
opportunities for growth and development at any job.
4.5 Provide training, case management, and coaching to
assist the participant in order to address barriers, ensure
completion of VTR/WEX program, and assist in obtaining
employment.
4.6 Work with and motivate difficult to place participants
who have multiple barriers, which may include a resistance to
program participation.
4.7 Provide services to meet ethnic diversity in a manner
sensitive to individual with literacy, language and sociocultural
issues that demonstrate language or cultural barriers to
employment, including resistance to pursuing employment in
occupation s that may be perceived as nontraditional.
4.8 Resolve attitudinal barriers toward obtaining and
retaining employment, such as fear of going to work, anger and
resentment from being required to participate, low self-
esteem/motivation, problems with public transportation, and child
care concerns.
4.9 Assign participant to an appropriate VTR or WEX
activity based on the participant's vocational assessment,
experience and interest within seven (7) business days from the
date of the referral, unless otherwise directed by ADMINISTRATOR.
4.10 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
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action steps needed to successfully complete the program.
4.11 Use positive reinforcement techniques and ensure
participants are aware that their assignment is being closely
monitored.
4.12 Refer participants' supportive services needs, such as
food, transportation, housing, mental health and substance abuse
issues, legal assistance, and clothing, to WTW staff for
assistance.
4.13 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:
4.13.lInitial referral form.
4.13.2 Documentation of all correspondence in regards
to the participant's participation in VTR or WEX activities,
including any correspondence involving any subcontractors.
4.13.3 Participant attendance records.
4.13.4 Documentation, including dates, of any problem
occurrences reported by the VTR or WEX work site.
4.13.5All correspondence related to anv Workers'
Compensation injury.
4.14 Develop relationships with local businesses by
networking and developing work sites for WEX participants.
4.15 Develop appropriate training and WEX sites in the
community, monitor participant's attendance, and communicate
participant and attendance issues with WTW staff, as determined
by ADMINISTRATOR.
4.16 Attend meetings as requested by ADMINISTRATOR.
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4.17 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.
4.18 Provide internal forms that are not mandated by
ADMINISTRATOR or by program requirements for review and approval
by ADMINISTRATOR prior to implementation.
4.19 Ensure that all services provided to participants 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
motivational and strength-based techniques; and
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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 WORK Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
7.2 Participants will have access to the Santa Ana WORK
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
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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 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, through verbal or electronic
communication, which 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 (10th) calendar day of the following month in a report
format approved by ADMINISTRATOR.
8.4 CONTRACTOR shall provide, by the tenth (10th) 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
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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 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
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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 of the individual(s) who will perform the
inspections;
10.1.2Specific methods to identify and prevent
deficiencies in the quality of service performed, prior to
unacceptable performance levels;
10.1.3Method for continuing services in the event of a
strike of CONTRACTOR's employees or a natural disaster; and
10.1.4Maintenance 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
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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 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
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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 and days the City of Santa Ana offices are
closed are excluded) as well as scheduled evening and weekend
hours to best meet the needs of participants and their families.
See Subparagraph 20.3.1 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 twenty-four (24) months and is set
forth as follows:
Budget Period July 1, 2013 - June 30, 2014
Maximum
Line Items Hourly FTE Budget
Rate
Salaries and Benefits
Workforce Specialist II $34.02 1.00 $70,762
Workforce Specialist IT $34.24 1.00 $71,219
Economic Development Specialist $61.43 0.05 $6,389
III $82.64 0.02 $3,438
Economic Development Manager $49.97 0.03 $3,118
Sr, Management Analyst $30.87 0.05 $3,210
Sr. Accounting Assistant
Subtotal Salaries $158,136
Benefits (39.20) $62,070
Subtotal Salaries and
Benefits (1) (`) $222,206
Operations
Communications $1,530
Contracted Vendor Personnel
Services $300
User Fee $15,220
Office Supplies $1,949
Computer Services $80
IS Strategic Plan $2,980
Insurance $4,930
Indirect Costs $9,580
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Subtotal Operations $36,569
Participant Costs
Work Experience Wages (3) $226,560
Benefits (4) $16, 665
Vocational Training (5) $300,000
Subtotal Participant Costs $543,225
MAXIMUM COUNTY OBLIGATION (7/1/13-
6/30/14) $800,000
Budget Period July 1, 2014 - June 30, 2015
Maximum
Line Items Hourly FTE Cost
Rate
Salaries and Benefits
Workforce Specialist IT $34.02 1.00 $70,762
Workforce Specialist IT $34.24 1.00 $71,219
Economic Development Specialist $61.43 0.05 $6,389
III
Economic Development Manager $82.64 0.02 $3,438
Sr. Management Analyst $49.97 0.03 $3,118
Sr. Accounting Assistant $30.87 0.05 $3,210
Subtotal Salaries $158,136
Benefits (39.20) $62,070
Subtotal Salaries and $220,206
Benefits (1) (2)
Operations
Communications $1,530
Contracted Vendor Personnel
Services $300
User Fee $15,220
Office Supplies
$1,949
Computer Services $80
IS Strategic Plan $2,980
Insurance $4,930
Indirect Costs $9,580
Subtotal Operations $36,569
Participant Costs
Work Experience Wages (3) $226,560
Benefits (4) $16, 665
Vocational Training (5) $300,000
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Subtotal Participant Costs $543,225
MAXIMUM COUNTY OBLIGATION (7/1/14-
6/30/15) $800,000
TOTAL MAXIMUM COUNTY OBLIGATION (7/1/13-
6/30/15) $1,600,000
(1) Total salaries are calculated on maximum hourly rates. July
1, 2013 - June 30, 2015 salary costs are based on total hours
worked that includes anticipated furlough hours and days the
city offices are closed for Workforce Specialist IT and
Fiscal Specialist positions.
(2) Employee Benefits include health insurance, dental insurance,
life 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
fifty-nine (59) enrollments for the period of July 1, 2013
through June 30, 2014 and fifty-nine (59) enrollments for the
period of July 1, 2014 through June 30, 2015.
(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 fifty
(50) enrollments for the period of July 1, 2013 through June
30, 2014 and fifty (50) enrollments for the period of July 1,
2014 through June 30, 2015.
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 20.1 of this Agreement or reducing the level of
service to be provided by CONTRACTOR. Further, in accordance
with Subparagraph 44.3 of this Agreement, in the event
ADMINISTRATOR reduces the maximum obligation as stated in
Subparagraph 20.1, CONTRACTOR and ADMINISTRATOR may mutually
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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 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 Traini
15. 1.1CONTRACTOR'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
CalWORKs 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.
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15.1.2COUNTY 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. 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.
15. 1.5 CONTRACTOR shall ensure that CONTRACTOR's staff
receives 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.
15.1.6CONTRACTOR 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:
15.2.1Workforce Specialist II (SA WIB Case Manager)
Duties:
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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 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
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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.
15.2.2Economic Development Specialist III
Duties:
15.2.2.1 Directs, coordinates, monitors and
evaluates economic development programs.
15.2.2.2 Conducts economic research, analyses,
market feasibility studies concerning the City's business base
and other related research.
15.2.2.3 Analyzes financial requirement of
businesses interested in financial assistance and designs and
implements a business retention program.
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15.2.2.4 Prepares applications for grants and
oversees approved grant programs.
15.2.2.5 Plans and directs marketing efforts,
including media relations, print materials and advertising.
15.2.2.6 Plans and implements programs tc
encourage import/export trade.
15.2.2.7 Establishes and maintains communications
and coordinates activities with organizations to promote and
facilitate economic development.
15.2.2.8 Coordinates the Division budget and
supervises subordinate-level employees.
Qualifications:
15.2.2.9 Three (3) years experience in local
government or private economic development programs, one year of
which must be as program manager or project leader. Graduation
from an accredited college or university with specialization in
economics, business or public administration, commercial finance,
or a directly related field may be used in combination with
experience to meet the minimum qualifications; or any equivalent
combination of experience and training which provide the
knowledge, skills and abilities of the job.
15.2.3Economic Development Manager
M,,+- o- -
15.2.3.1 Administers the development and
implementation of business outreach programs.
15.2.3.2 Administers the creation and maintenance
of an economic development database for the community.
15.2.3.3 Directs the design, implementation and
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servicing of incentive loan and rebate programs for commercial
and industrial concerns in the City of Santa Ana.
15.2.3.4 Serves as Executive Director of the
Economic Development Corporation (EDC) and provides staff support
for EDC Committees.
15.2.3.5 Supervises and implements all Federal
Workforce Development Programs.
15.2.3.6 Serves as Executive Director of SA WIB.
15.2.3.7 Directs the administration and
development of Santa Ana Foreign Trade Zone, prepares and
administers Federal and State grants and administers the
operation of the Business Enterprise Center.
15.2.3.8 Acts as liaison with the business
community, other Economic Development Agencies and professional
organizations to develop linkages to further economic development
programs.
15.2.3.9 Supervises staff of the Economic
Development Division.
15.2.3.10 Establishes division budget, goals
and objectives.
Qualifications:
15.2.3.11 Three (3) years experience in
administrative and supervisory capacity in economic development
or similar work. Graduation from an accredited college or
university with specialization in economics, business or public
administration, may be used in combination with experience and
training which provide the knowledge, skills and abilities of the
job.
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15. Sr. Manaaement Analvst
Tl.. } . .... .
15.2.4.1 Performs responsible and professional
staff work to ensure efficient and effective internal operations
of administrative and management systems in a large division is
achieved.
15.2.4.2 Performs complex studies, research and
analysis relative to programs.
15.2.4.3 Conducts studies of operations, services
and program activities and writes reports and recommendations
based on analysis of collected data.
15.2.4.4 Prepares and monitors department budget,
revenues and expenditures, makes revenue projections, performs
cost-benefits analyses and acts as liaison between division and
Finance.
15.2.4.5 Prepares grant applications and monitors
grant-funded programs and contracts.
15.2.4.6 Assists with management and supervision
of special departmental projects, programs and core functions.
15.2.4.7 Coordinates and facilitates personnel
related activities.
15.2.4.8 Develops and revises written procedures
to clarify, describe, or create department standards and
policies.
15.2.4.9 Reviews legislation related to
departmental activities and determines effect on departmental
operations.
15.2.4.10 Attends and
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meetings, makes presentation to city staff and the public,
implements utilization of information systems, and supervises
staff.
Qualifications:
15.2.4.11 Three (3) years experience in
governmental administrative staff experience and education or
experience equivalent to graduation from a four year accredited
college or university with specialization in political science,
business or public administration or closely related field;
supervisory and/or program/project management experience; or any
equivalent combination of education, training and experience
which provide the knowledge, skills and abilities of the job.
15.2.5Senior Accountinct Assistant
Duties:
15.2.5.1 Prepares and maintains financial and
accounting records by gathering, assembling, tabulating,
comparing, verifying, and posting financial and statistical data.
15.2.5.2 Prepares or verifies and processes
bills, invoices, and similar documents.
15.2.5.3 Posts and balances cash books, ledgers,
subsidiary journals, and other financial and accounting records.
15.2.5.4 Reconciles accounts to general ledgers
and prepares routing reports and statements.
15.2.5.5 Analyzes and prepares reports of
encumbrances and expenditures for department programs.
15.2.5.6 Performs cost research and cost recovery
analysis.
15.2.5.7 Receives money and maintains records of
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receipts, files of invoices and other financial transaction
documents.
Qualifications:
15.2.5.8 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.
15.2.5.9 Knowledge of bookkeeping principles and
practices, fund accounting and governmental accounting methods.
15.2.5.10 Ability to keep bookkeeping
accounts a nd prepare financial statements and make arithmetic
calculation s.
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