HomeMy WebLinkAboutORANGE, COUNTY OF - SANTA ANA WORK CENTER - 20171
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A-2017-109
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE
This AGREEMENT, entered into this 1st day of July 2017, 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 Charter
city and Municipal Corporation, hereinafter referred to as "CONTRACTOR." This
Agreement shall be administered by the County of Orange Social Services Agency
Director or designee, hereinafter referred to as "ADMINISTRATOR."
WITNESSETH:
WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of
vocational training activities and work experience; and
WHEREAS, CONTRACTOR agrees to render such services on the terms and
conditions hereinafter set forth;
WHEREAS, such 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
1.
TERM...................................................................
4
2.
ALTERATION OF TERMS ....................................................
4
3.
STATUS OF CONTRACTOR ...................................................
4
4.
DESCRIPTION OF SERVICES, STAFFING ......................................
5
5.
LICENSES AND STANDARDS .................................................
5
6.
DELEGATION AND ASSIGNMENT/SUBCONTRACTS.................................
6
7.
FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE .............
8
8.
NON-DISCRIMINATION....................................................
10
9.
NOTICES...............................................................
14
10.
NOTICE OF DELAYS ......................................................
14
11.
INDEMNIFICATION.......................................................
14
12.
INSURANCE.............................................................
15
13.
NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS ............................
20
14.
CONFLICT OF INTEREST ..................................................
20
15,
ANTI -PROSELYTISM PROVISION ............................................
21
16.
SUPPLANTING GOVERNMENT FUNDS ..........................................
21
17.
EQUIPMENT.............................................................
21
18.
BREACH SANCTIONS......................................................
23
19.
PAYMENTS..............................................................
23
20.
OVERPAYMENTS..........................................................
25
21.
OUTSTANDING DEBT ......................................................
26
22.
REVENUE...............................................................
26
23.
PROGRAM INCOME........................................................
26
24.
FINAL REPORT..........................................................
27
25.
INDEPENDENT AUDIT .....................................................
27
26.
RECORDS, INSPECTIONS AND AUDITS .......................................
28
27.
PERSONNEL DISCLOSURE ..................................................
30
28.
CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING .......................
33
29.
NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW .........
33
30.
CONFIDENTIALITY.......................................................
34
31.
COPYRIGHT ACCESS ......................................................
35
32.
WAIVER................................................................
35
33.
PETTY CASH............................................................
36
34.
PUBLICITY.............................................................
36
35.
COUNTY RESPONSIBILITIES...............................................
36
36.
REFERRALS.............................................................
37
37.
REPORTS...............................................................
37
38.
ENERGY EFFICIENCY STANDARDS ...........................................
37
39.
ENVIRONMENTAL PROTECTION STANDARDS ....................................
37
40.
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN
FEDERAL TRANSACTIONS..................................................
38
41.
POLITICAL ACTIVITY ....................................................
39
42,
TERMINATION PROVISIONS ................................................
39
43.
GOVERNING LAW AND VENUE ...............................................
41
44.
SIGNATURE IN COUNTERPARTS .............................................
41
EXHIBIT A
1.
PROGRAM OBJECTIVE AND GOALS ............................................
1
2.
POPULATION TO BE SERVED ................................................
2
3.
DEFINITIONS............................................................
3
4.
SERVICES...............................................................
4
S.
CONTRACTOR RESPONSIBILITIES ............................................
6
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6.
7.
8.
9.
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PRINCIPLES.............................................................
9
OUTSIDE CONTACTS: ......................................................
9
FACILITIES.............................................................
9
REPORTING REQUIREMENTS ................................................
10
PERFORMANCE MONITORING AND REVIEW .....................................
11
QUALITY CONTROL........................................................
12
WELFARE FRAUD..........................................................
12
HANDLING COMPLAINTS....................................................
13
HOURS OF OPERATION ....................................................
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BUDGET................................................................
14
STAFF.................................................................
18
(WRR0216)
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1. TERM
The term of this Agreement shall commence on July 1, 2017, and terminate
on June 30, 2020, unless earlier terminated pursuant to the provisions of
Paragraph 43 of this Agreement; however, CONTRACTOR shall be obligated to
perform such duties as would normally extend beyond this term, including but
not limited to, obligations with respect to indemnification, audits, reporting
and accounting. CONTRACTOR and ADMINISTRATOR may mutually agree in writing to
extend the term of this Agreement, for up to twelve (12) additional months
upon the same terms and conditions, provided that COUNTY's maximum obligation
as stated in Subparagraph 19.1 of this Agreement does not increase as a
result.
2. ALTERATION OF TERMS
This Agreement, including any Exhibit(s) attached hereto and
incorporated by reference, fully expresses all understandings of the parties
and is the total Agreement between the parties as to the subject matter of
this Agreement. No addition to, or alteration of, the terms of this
Agreement, whether written or verbal, by the parties, their officers, agents
or employees, are valid or binding unless made in the form of a written
amendment to this Agreement which is formally approved and executed by both
parties.
3. STATUS OF CONTRACTOR
3.1 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
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services to be provided during the course and scope of their employment.
3.2 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.
4. DESCRIPTION OF SERVICES, STAFFING
4.1 CONTRACTOR agrees to provide those services, facilities, equipment
and supplies as described in the Exhibit "A" to the Agreement between County
of Orange and City of Santa Ana for the Provision of Vocational Training
Activities and Work Experience, attached hereto and incorporated herein by
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.
4.2 Subject to thirty (30) days advance written notice, ADMINISTRATOR
may 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.
4.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send
appropriate staff to attend an orientation session and subsequent training
sessions given by COUNTY.
5. LICENSES AND STANDARDS
5.1 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.
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5.2 In the performance of this Agreement, CONTRACTOR shall comply with
all applicable provisions of the California Welfare and Institutions Code
(WIC); Title 45 of the Code of Federal Regulations (CFR); Title 48 CFR Section
31.2; implementing regulations under 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; 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.
5.2.1 For Federally funded Agreements in the amount of $25,000
or more, CONTRACTOR certifies that its officers and/or principals are not
debarred or suspended from Federal financial assistance programs and/or
activities.
6. DELEGATION AND ASSIGNMENT/SUBCONTRACTS
6.1 Delegation and Assignment:
In the performance of this Agreement, CONTRACTOR may neither
delegate its duties or obligations nor assign its rights, either in whole or
in part, without the prior written consent of COUNTY. Any attempted
delegation or assignment without prior written consent shall be void. The
transfer of assets in excess of ten percent (10%) 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
requiring COUNTY approval.
6.2 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
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way, any legal responsibility of CONTRACTOR to COUNTY. All subcontracts must
be in writing and copies of same shall be provided to ADMINISTRATOR.
CONTRACTOR shall include in each subcontract any provision ADMINISTRATOR may
require.
6.2.1 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.
6.2.2 Subcontracts in excess of $25,000:
CONTRACTOR shall develop and submit for approval to
ADMINISTRATOR a system for the procurement of subcontracts with any
organization in which the total cumulative cost of services provided by any
single organization is anticipated to exceed twenty-five thousand dollars
($25,000) during the term of this Agreement. CONTRACTOR's proposed procurement
system shall take into consideration such factors as: degree of price
competition; pricing policies and techniques; experience and quality of
service; methods of evaluating subcontractor responsibility; relationship of
subcontractor to CONTRACTOR; and planning, award, and post -award management of
subcontracts, including internal audit procedures and monitoring of
subcontractor's performance until completion of services.
Upon ADMINISTRATOR's approval of CONTRACTOR's proposed
procurement system, CONTRACTOR shall comply with such procurement system in
obtaining subcontracts with a total cost in excess of twenty-five thousand
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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 subcontractors) 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.
7. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE
7.1 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:
7.1.1 The form of CONTRACTOR's business organization, i.e.,
proprietorship, partnership, corporation, etc.
7.1.2 A detailed statement indicating the relationship of
CONTRACTOR, by way of ownership or otherwise, to any parent organization or
individual.
7.1.3 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.
7.2 Change in Form of Business Organization:
If during the term of this Agreement the form of CONTRACTOR's
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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.
7.3 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:
7.3.1 The location by street address and city of any such real
property.
7.3.2 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.
7.3.3 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:
7.3.3.1 The term duration of any rental, lease or
license agreement;
7.3.3.2 The amount of monetary consideration to be
paid to the lessor or licensor over the term of the rental, lease or license
agreement;
7.3.3.3 The type and dollar value of any other
consideration to be paid to the lessor or licensor; and
7.3.3.4 The full names and addresses of all parties
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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.
7.3.4 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 7.3.3, 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 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 persons) and CONTRACTOR's representatives listed.
7.3.5 True and correct copies of all agreements with respect to
any such real property shall be appended to the documentation 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.
8. NON-DISCRIMINATION
8.1 In the performance of this Agreement, CONTRACTOR agrees that it
shall not engage nor employ any unlawful discriminatory practices in the
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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 race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, military and veteran status or any other protected
group in accordance with the requirements of all applicable Federal or State
laws.
8.2 CONTRACTOR shall develop an Affirmative Action Program Plan which
meets the lawful and applicable requirements of the U.S. Department of Health
and Human Services.
8.3 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 8 et seq.
8.4 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).
8.5 Non -Discrimination in Employment:
8.5.1 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 race, religious creed,
color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender. gender
identity, gender expression, age, sexual orientation, military and veteran
status 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
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and job applicants.
8.5.2 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. 8-4-23
Sacramento, CA 95814
Telephone: (800) 952-5253
(800) 952-8349 (For the hard of hearing)
8.6 Non -Discrimination in Service Delivery:
8.6.1 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 7 CFR Section 272.6; Title II
of the Americans with Disabilities Act of 1990, as amended; California Civil
Code Section 51 et seq., as amended; California Government Code (CGC) Sections
11135-11139.5, as amended; CGC Section 12940 (c), (h), (i), and (j); CGC
Section 4450; Title 22, California Code of Regulations (CCR) Sections 98000-
98413; 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 (COSS) Manual of Policies
and Procedures (MPP) Division 21, Chapter 21-100. If there are any violations
(WRR0216) Page 12 of 43 (April 4, 2017)
of this Paragraph, CDSS shall
have the right to invoke fiscal sanctions or
other legal remedies in accordance with WIC Section 10605, or CGC Sections
11135-11139.5, or any other
laws, or the issue may be referred to the
appropriate Federal agency for
further compliance action and enforcement of
Subparagraph 8.6 et seq.
8.6.2 CONTRACTOR
shall provide any and all clients desirous of
filing a formal complaint any and
all information as appropriate:
8.6.2.1
Pamphlet: "Your Rights Under California
Welfare Programs" (PUB 13)
8.6.2.2
Discrimination Complaint Form
8.6.2.3
Civil Rights Contacts:
County Civil Rights Contact:
Orange County Social Services Agency
Program Integrity
Attn: Civil Rights Coordinator
P.O. Box 22001
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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9. NOTICES
9.1 All notices, requests, claims, correspondence, reports, statements
authorized or required by this Agreement, and/or other communications shall be
addressed as follows:
COUNTY: County of Orange Social Services Agency
Contract Services
500 N. State College Blvd, Suite #100
Orange, CA 92868
CONTRACTOR: City of Santa Ana/Santa Ana WORK Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
9.2 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. The Parties each may designate by written
notice from time to time, in the manner aforesaid, any change in the address
to which notices must be sent.
10. 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.
11. INDEMNIFICATION
11.1 CONTRACTOR agrees to indemnify, defend with counsel approved in
writing by COUNTY, and hold U.S. Department of Health and Human Services, the
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State, COUNTY, and their elected and appointed officials, officers, employees,
agents and those special districts and agencies which COUNTY's Board of
Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from
any claims, demands or liability of any kind or nature, including but not
limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by CONTRACTOR pursuant to
this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a
court of competent jurisdiction because of the concurrent active negligence of
COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will
be apportioned as determined by the court. Neither party shall request a jury
apportionment.
12. INSURANCE
12.1 Prior to the provision of services under this Agreement,
CONTRACTOR agrees to purchase all required insurance or maintain a program of
self-insurance at CONTRACTOR's expense and to deposit with ADMINISTRATOR
Certificates of Insurance, including all endorsements required herein,
necessary to satisfy COUNTY that the insurance provisions of this Agreement
have been complied with. CONTRACTOR agrees to keep such insurance coverage
Certificates of Insurance and endorsements on deposit with ADMINISTRATOR
during the entire term of this Agreement. In addition, all subcontractors
performing work on behalf of CONTRACTOR pursuant to this Agreement shall
obtain insurance subject to the same terms and conditions as set forth herein
for CONTRACTOR.
12.2 CONTRACTOR shall ensure that all subcontractors performing work on
behalf of CONTRACTOR pursuant to this Agreement shall be covered under
CONTRACTOR's insurance as an Additional Insured or maintain insurance subject
to the same terms and conditions as set forth herein for CONTRACTOR.
CONTRACTOR shall not allow subcontractors to work if subcontractors have less
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than the level of coverage required by COUNTY from CONTRACTOR under this
agreement. It is the obligation of CONTRACTOR to provide notice of the
insurance requirements to every subcontractor and to receive proof of
insurance prior to allowing any subcontractor to begin work. Such proof of
insurance must be maintained by CONTRACTOR through the entirety of this
Agreement for inspection by COUNTY representative(s) at any reasonable time.
12.3 All self-insured retentions (SIRS) shall be clearly stated on the
Certificate of Insurance. Any self-insured retention (SIR) in an amount in
excess of fifty thousand dollars (850,000) shall specifically be approved by
the COUNTY's Risk Manager, or designee, upon review of CONTRACTOR's current
audited financial report. If CONTRACTOR's SIR is approved, CONTRACTOR, in
addition to, and without limitation of, any other indemnity provision(s) in
the Agreement, agrees to all of the following:
12.3.1 In addition to the duty to indemnify and hold COUNTY
harmless against any and all liability, claim, demand or suit resulting from
CONTRACTOR's, its agents, employee's or subcontractor's performance of this
Agreement, CONTRACTOR shall defend COUNTY at its sole cost and expense with
counsel approved by Board of Supervisors against same; and
12.3.2 CONTRACTOR's duty to defend, as state above, shall be
absolute and irrespective of any duty to indemnify or hold harmless; and
12.3.3 The provisions of California Civil Code Section 2860
shall apply to any and all actions to which the duty to defend state above
applies, and CONTRACTOR'S SIR provisions shall be interpreted as though
CONTRACTOR was an insurer and COUNTY was the insured.
12.4 If CONTRACTOR fails to maintain insurance acceptable to COUNTY for
the full term of this Agreement, COUNTY may terminate this Agreement.
12.5 Qualified Insurer:
12.5.1 The policy or policies of insurance required herein must
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be issued by an insurer with a minimum rating of A- (Secure A.M. Best's
Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide/Property-Casualty/United States or
ambest.com). It is preferred, but not mandatory, that the insurer be licensed
to do business in the state of California (California Admitted Carrier).
12.6 If the insurance carrier does not have an A.M. Best Rating of A -
/VIII, the CEO/Office of Risk Management retains the right to approve or
reject a carrier after a review of the company's performance and financial
rating.
12.7 The policy or policies of insurance maintained by CONTRACTOR shall
provide the minimum limits and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability
Automobile Liability including coverage for
owned, non -owned and hired vehicles
Workers' Compensation
Employer's Liability Insurance
Network Security & Privacy Liability
Sexual Misconduct Liability
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
$1,000,000 per claims made
$1,000,000 per occurrence
12.8 Required Coverage Forms:
12.8.1 Commercial General Liability coverage shall be written on
Insurance Services Office (ISO) form CG 00 01 or a substitute form providing
liability coverage at least as broad.
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12.8.2 Business Auto Liability coverage shall be written on ISO
form CA 00 01, CA 00 05, CA 0012, CA 00 20 or a substitute form providing
coverage at least as broad.
12.9 Required Endorsements:
12.9.1 Commercial General Liability policy shall contain the
following endorsements, which shall accompany the Certificate of Insurance:
12.9.1.1 An Additional Insured endorsement using ISO
form CG 20 26 04 13 or a form at least as broad naming the County of Orange,
its elected and appointed officials, officers, agents and employees, as
Additional Insureds or provide blanket coverage, which will state AS REQUIRED
BY WRITTEN CONTRACT.
12.9.1.2 A primary non-contributing endorsement using
ISO form CG 20 01 04 13, or a form at least as broad, evidencing that
CONTRACTOR's insurance is primary and any insurance or self-insurance
maintained by the County of Orange shall be excess and non-contributing.
12.9.2 The Network Security and Privacy Liability policy shall
contain the following endorsements which shall accompany the Certificate of
Insurance.
12.9.2.1 An Additional Insured endorsement naming the
County of Orange, its elected and appointed officials, officers, agents and
employees as Additional Insureds for its vicarious liability.
12.9.2.2 A primary and non-contributing endorsement
evidencing that the CONTRACTOR's insurance is primary and any insurance or
self-insurance maintained by the County of Orange shall be excess and non-
contributing.
12.10 The Workers' Compensation policy shall contain a waiver of
subrogation endorsement waiving all rights of subrogation against the County
of Orange, its elected and appointed officials, officers, agents and employees
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or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.
12.11 All insurance policies required by this Agreement shall waive all
rights of subrogation against the County of Orange, its elected and appointed
officials, officers, agents and employees when acting within the scope of
their appointment or employment.
12.12 CONTRACTOR shall notify COUNTY in writing within thirty (30) days
of any policy cancellation and ten (10) days for non-payment of premium and
provide a copy of the cancellation notice to COUNTY. Failure to provide
written notice of cancellation may constitute a material breach of the
contract, upon which the COUNTY may suspend or terminate this Agreement.
12.13 If CONTRACTOR's Network Security & Privacy policy is a "claims
made" policy, CONTRACTOR shall agree to maintain Network Security & Privacy
Liability] coverage for two (2) years following completion of this Agreement.
12.14 The Commercial General Liability policy shall contain a
severability of interests clause also known as a "separation of insureds"
clause (standard in the ISO CG 0001 policy).
12.15 Insurance certificates should be mailed to COUNTY at the address
indicated in Paragraph 9 of this Agreement.
12.16 If CONTRACTOR fails to provide the insurance certificates and
endorsements within seven (7) days of notification by CEO/County Procurement
Office or ADMINISTRATOR, award may be made to the next qualified proponent.
12.17 COUNTY expressly retains the right to require CONTRACTOR to
increase or decrease insurance of any of the above insurance types throughout
the term of this Agreement. Any increase or decrease in insurance will be as
deemed by County of Orange Risk Manager as appropriate to adequately protect
COUNTY.
12.18 COUNTY shall notify CONTRACTOR in writing of changes in the
insurance requirements. If CONTRACTOR does not deposit copies of acceptable
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certificates of insurance and endorsements with COUNTY incorporating such
changes within thirty (30) days of receipt of such notice, this Agreement may
be in breach without further notice to CONTRACTOR, and COUNTY shall be
entitled to all legal remedies.
12.19 The procuring of such required policy or policies of insurance
shall not be construed to limit CONTRACTOR's liability hereunder nor to
fulfill the indemnification provisions and requirements of this Agreement, nor
act in any way to reduce the policy coverage and limits available from the
insurer.
13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS
CONTRACTOR shall report to COUNTY:
13.1 Any accident or incident relating to services performed under this
Agreement that 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.
13.2 Any third party claim or lawsuit filed against CONTRACTOR arising
from or relating to services performed by CONTRACTOR under this Agreement.
Such report shall be submitted to COUNTY within twenty-four (24) hours of
occurrence.
13.3 Any injury to an employee of CONTRACTOR that occurs on COUNTY
property. Such report shall be submitted to COUNTY within twenty-four (24)
hours of occurrence.
13.4 Any loss, disappearance, destruction, misuse or theft of any kind
whatsoever of COUNTY property, monies or securities entrusted to CONTRACTOR
under the term of this Agreement. Such report shall be submitted to COUNTY
within twenty-four (24) hours of occurrence.
14. CONFLICT OF INTEREST
14.1 CONTRACTOR shall exercise reasonable care and diligence to prevent
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any actions or conditions that could result in a conflict with the best
interests of COUNTY. This obligation shall apply to CONTRACTOR and
CONTRACTOR's employees, volunteers, agents, relatives, subcontractors and
third parties associated with accomplishing the work hereunder.
14.2 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.
15, ANTI -PROSELYTISM PROVISION
No funds provided directly to institutions or organizations to provide
services and administer programs under Title 42 United States Code (USC)
Section 604a(a)(1)(A) shall be expended for sectarian worship, instruction, or
proselytization, except as otherwise permitted by law.
16. SUPPLANTING GOVERNMENT FUNDS
CONTRACTOR shall not supplant any Federal, State or COUNTY funds
intended for the purposes of this Agreement with any funds made available
under this Agreement. CONTRACTOR shall not claim reimbursement from COUNTY
for, or apply sums received from COUNTY with respect to, that portion of its
obligations which have been paid by another source of revenue. CONTRACTOR
agrees that it shall not use funds received pursuant to this Agreement, either
directly or indirectly, as a contribution or compensation for purposes of
obtaining Federal, State or COUNTY funds under any Federal, State or COUNTY
program without prior written approval of ADMINISTRATOR.
17. EQUIPMENT
17.1 All items purchased with funds provided under this Agreement, or
which are furnished to CONTRACTOR by COUNTY, which have a single unit cost of
at least five thousand dollars ($5,000), including sales tax, shall be
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considered Capital Equipment. Title to all Capital Equipment shall, upon
purchase, vest and remain in COUNTY. The use of such items of Capital
Equipment is limited to the performance of this Agreement. Upon the
termination of this Agreement, CONTRACTOR shall immediately return any items
of Capital Equipment to COUNTY or its representatives, or dispose of them in
accordance with the directions of ADMINISTRATOR.
CONTRACTOR further agrees to the following:
17.1.1 To maintain all items of Capital Equipment in good
working order and condition, normal wear and tear excepted.
17.,1.2 To label all items of Capital Equipment, do periodic
inventories as required by ADMINISTRATOR and to maintain an inventory list
showing where and how the Capital Equipment is being used, in accordance with
procedures developed by ADMINISTRATOR. All such lists shall be submitted to
ADMINISTRATOR within ten (10) days of any request therefore.
17.1.3 To report in writing to ADMINISTRATOR immediately after
discovery, the loss or theft of any items of Capital Equipment. For stolen
items, the local law enforcement agency must be contacted and a copy of the
police report submitted to ADMINISTRATOR.
17.1.4 To purchase a policy or policies of insurance covering
loss or damage to any and all Capital Equipment purchased under this
Agreement, in the amount of the full replacement value thereof, providing
protection against the classification of fire, extended coverage, vandalism,
malicious mischief and special extended perils (all risks) covering the
parties' interests as they appear.
17.2 The purchase of any Capital Equipment by CONTRACTOR shall be
requested in writing, shall require the prior written approval of
ADMINISTRATOR, and shall fulfill the provisions of this Agreement which are
appropriate and directly related to CONTRACTOR's service or activity under the
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terms of this Agreement. COUNTY may refuse reimbursement for any costs
resulting from Capital Equipment purchased, which are incurred by CONTRACTOR,
if prior written approval has not been obtained from ADMINISTRATOR.
17.3 Personal Computer Equipment:
No personal computers and/or personal electronic devices, such as
tablets and laptop computers, or any component thereof may be purchased with
funds provided under this Agreement
18. BREACH SANCTIONS
Failure by CONTRACTOR to comply with any of the provisions, covenants,
or conditions of this Agreement shall be a material breach of this Agreement.
In such event, ADMINISTRATOR may, and in addition to immediate termination and
any other remedies available at law, in equity, or otherwise specified in this
Agreement:
18.1 Afford CONTRACTOR a time period within which to cure the breach,
which period shall be established by ADMINISTRATOR; and/or
18.2 Discontinue reimbursement to CONTRACTOR for and during the period
in which CONTRACTOR is in breach, which reimbursement shall not be entitled to
later recovery; and/or
18.3 Offset against any monies billed by CONTRACTOR but yet unpaid by
COUNTY those monies disallowed pursuant to Subparagraph 18.2 above.
ADMINISTRATOR will give CONTRACTOR written notice of any action pursuant
to this Paragraph, which notice shall be deemed served on the date of mailing.
19. PAYMENTS
19.1 Maximum Contractual Obligation:
The maximum obligation of COUNTY under this Agreement shall not
exceed the amount of $2,400,000: the amount of $800,000 for July 1, 2017
through June 30, 2018; the amount of $800,000 for July 1, 2018 through June
30, 2019; and the amount of $800,000 for July 1, 2019 through June 30, 2020,
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or actual allowable costs, whichever is less.
19.2 Allowable Costs:
During the term of this Agreement, COUNTY shall pay CONTRACTOR
monthly in arrears, for actual allowable costs incurred and paid by CONTRACTOR
pursuant to this Agreement, as defined in 2 CFR, Part 225 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
2018, 2019 and 2020, during the month of such anticipated expenditure.
19.3 Claims:
19.3.1 CONTRACTOR shall submit monthly claims to be received by
ADMINISTRATOR no later than the twentieth (2V) calendar day of the month for
expenses incurred in the preceding month. In the event the twentieth (20t")
calendar day falls on a weekend or COUNTY holiday, CONTRACTOR shall submit the
claim the next business day. COUNTY holidays include New Year's Day, Martin
Luther King Day, President Lincoln's Birthday, Presidents' Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day,
Friday after Thanksgiving, and Christmas Day.
19.3.2 All 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 alfa, 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 COUNTY's Auditor -Controller. CONTRACTOR
shall retain all financial records in accordance with Paragraph 26 (Records,
Inspections, and Audits) of this Agreement.
19.3.3 Payments should be released by COUNTY within a reasonable
time period of approximately thirty (30) days after receipt of a correctly
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completed claim form and required supporting documentation.
19.3.4 Year End and Final Claims:
19.3.4.1 CONTRACTOR shall submit a final claim for
each COUNTY fiscal year, July 1 through June 30, covered under the term of
this Agreement as stated in Paragraph 1, by no later than August 30th of each
corresponding COUNTY fiscal year. Claims received after August 3011 of each
corresponding COUNTY fiscal year may, at ADMINISTRATOR's sole discretion, not
be reimbursed. ADMINISTRATOR may modify the date upon which the final claim
per each COUNTY fiscal year must be received, upon written notice to
CONTRACTOR.
19.3.4.2 The basis for final settlement shall be the
actual allowable costs as defined in Title 45 CFR and 2 CFR. Part 225.
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 been made.
19.3.5 Seventy -Five Percent Expenditure Notification:
19.3.5.1 CONTRACTOR shall maintain a system of record
keeping that will allow CONTRACTOR to determine when it has incurred seventy-
five percent (75%) of the total contract authorizations under this Agreement.
Upon occurrence of this event, CONTRACTOR shall send written notification to
ADMINISTRATOR.
20. OVERPAYMENTS
Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which
CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in
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accordance with any applicable regulations and/or policies in effect during
the term of this Agreement, or as established by COUNTY procedure. Any
overpayments made by COUNTY which result from a payment by any other funding
source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the
funding source. Unless earlier repaid, CONTRACTOR shall make repayment within
thirty (30) days after the date of the final audit findings report and prior
to any administrative appeal process. In the event an overpayment owing by
CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR
shall reimburse COUNTY within thirty (30) days thereafter and prior to any
administrative appeal process. CONTRACTOR agrees to pay all costs incurred by
COUNTY necessary to enforce the provisions set forth in this Paragraph.
21. OUTSTANDING DEBT
CONTRACTOR shall have no outstanding debt with ADMINISTRATOR, or shall
be in the process of resolving outstanding debt to ADMINISTRATOR's
satisfaction, prior to entering into and during the term of this Agreement.
22. REVENUE
22.1 Whenever CONTRACTOR receives any money specifically designated for
use in programs funded through this Agreement, such monies shall be considered
a cost off -set and treated as a reduction against the amount claimed by
CONTRACTOR, except for Program Income as defined in Title 45 CFR Section
92.25, as that section currently exists or may be hereafter amended. The
procedure for designating money as Program Income is set forth in Paragraph 23
of this Agreement.
23. PROGRAM INCOME
It is mutually understood that the State or Federal agency responsible
for providing the funding for this Agreement may designate certain revenue of
CONTRACTOR as Program Income. To be designated as Program Income and,
therefore, as other than a cost off -set, CONTRACTOR shall do all of the
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following:
23.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed
Program Income;
23.2 Set up and maintain a separate bank account for any proposed
Program Income and account for any and all such income received; and
23.3 Report to ADMINISTRATOR any and all Program Income received no
later than thirty (30) days from the date of receipt, record the amount
received on internal financial records and indicate the amount received on the
monthly claim submitted to ADMINISTRATOR.
23.4 ADMINISTRATOR will then forward the plan for the requested use of
the proposed Program Income to the appropriate State and/or Federal agencies
for approval.
23.5 CONTRACTOR shall not spend any of the proposed Program Income
unless or until such time as ADMINISTRATOR obtains authorization for the use
of the Program Income from the responsible State and/or Federal agency and
provides CONTRACTOR with prior written approval for the use of the funds.
23.6 ADMINISTRATOR may issue future policy statements and/or
instructions with respect to Program Income. CONTRACTOR shall immediately
comply with such policy statements and/or instructions.
24. FINAL REPORT
CONTRACTOR shall complete and submit to ADMINISTRATOR a final report
within sixty (60) days after the termination of this Agreement, which shall
summarize the activities and services provided by CONTRACTOR during the term
of this Agreement. CONTRACTOR and ADMINISTRATOR may mutually agree in writing
to modify the date upon which the final report must be submitted.
25. INDEPENDENT AUDIT
25.1 CONTRACTOR shall file with ADMINISTRATOR a copy of CONTRACTOR's
certified annual organization -wide audit during the term of this Agreement in
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compliance with the 31 UCS 7501 - 7507, as well as its implementing
regulations under 2 CRF Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards. The audit must be
performed in accordance with generally accepted government auditing standards
and 2 CFR, Part 225. CONTRACTOR shall cooperate with COUNTY, State and/or
Federal agencies to ensure that corrective action is taken within six (6)
months after issuance of all audit reports with regard to audit exceptions.
25.2 It is mutually understood that CONTRACTOR's yearly fiscal cycle
covers July 1 through June 30. CONTRACTOR shall provide ADMINISTRATOR copies
of organization -wide audits for each of the fiscal cycles corresponding with
the term of this Agreement. CONTRACTOR shall provide each audit within
fourteen (14) calendar days of CONTRACTOR's receipt. Failure of CONTRACTOR to
comply with this Paragraph shall be sufficient cause for ADMINISTRATOR to deny
payment under this or any subsequent Agreement with CONTRACTOR until such time
as the required audit(s) are provided to ADMINISTRATOR. ADMINISTRATOR may
modify CONTRACTOR's audit submission deadline upon notice to CONTRACTOR.
26. RECORDS, INSPECTIONS AND AUDITS
26.1 Financial Records:
26.1.1 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.
26.1.2 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.
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26.2 Client Records:
26.2.1 CONTRACTOR shall prepare and maintain accurate and
complete records of clients served and dates and type of services provided
under the terms of this Agreement in a form acceptable to ADMINISTRATOR.
26.2.2 CONTRACTOR shall keep all COUNTY data provided to
CONTRACTOR during the term(s) of 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. These
records shall be stored in Orange County, unless CONTRACTOR requests and
COUNTY provides written approval for the right to store the records in another
county. Notwithstanding anything to the contrary, upon termination of this
Agreement, CONTRACTOR shall relinquish control with respect to COUNTY data to
COUNTY in accordance with Subparagraph 43.2.
26.2.3 COUNTY may refuse payment for a claim if client records
are determined by COUNTY to be incomplete or inaccurate. In the event client
records are determined to be incomplete or inaccurate after payment has been
made, COUNTY may treat such payment as an overpayment within the provisions of
this Agreement.
26.3 Public Records:
To the extent permissible under the law, all records, including
but not limited to, reports, audits, notices, claims, statements and
correspondence, required by this Agreement may be subject to public
disclosure. COUNTY will not be liable for any such disclosure.
26.4 Inspections and Audits:
26.4.1 The U.S. Department of Health and Human Services,
Comptroller General of the United States, Director of CDSS, State Auditor -
General, ADMINISTRATOR, COUNTY's Auditor -Controller and Internal Audit
Department, or any of their authorized representatives, shall have access to
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any books, documents, papers and records, including medical records, of
CONTRACTOR which any of them may determine to be pertinent to this Agreement
for the purpose of financial monitoring. Further, all the above mentioned
persons have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed under this Agreement and the
premises in which it is being performed.
26.4.2 CONTRACTOR shall make its books and financial records
available within the borders of Orange County within ten (10) days of receipt
of written demand by ADMINISTRATOR.
26.4.3 In the event CONTRACTOR does not make available its books
and financial records within the borders of Orange County, CONTRACTOR agrees
to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY's
designee, necessary to obtain CONTRACTOR's books and financial records.
26.4.4 CONTRACTOR shall pay to COUNTY the full amount of
COUNTY's liability to the State or Federal government or any agency thereof
resulting from any disallowances or other audit exceptions to the extent that
such liability is attributable to CONTRACTOR's failure to perform under this
Agreement.
26.5 Evaluation Studies:
26.5.1 CONTRACTOR shall participate as requested by COUNTY in
research and/or evaluative studies designed to show the effectiveness and/or
efficiency of CONTRACTOR's services or provide information about CONTRACTOR's
project.
27. PERSONNEL DISCLOSURE
27.1 CONTRACTOR shall make available to ADMINISTRATOR a current list of
all personnel providing services hereunder, including resumes and job
applications. Changes to the list will be immediately provided to
ADMINISTRATOR in writing, along with a copy of a resume and/or job
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application. The list shall include:
27.1.1 Names and dates of birth of all full or part-time
personnel by title, including volunteer personnel, whose direct services are
required to provide the programs described herein;
27.1.2 A brief description of the functions of each position and
the hours each person works each week; or for part-time personnel, each day or
month, as appropriate;
27.1.3 The professional degree, if applicable, and experience
required for each position; and
27.1.4 The language skill
27.2 Where authorized by law,
if applicable, for all personnel.
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 from the performance of services under this
Agreement.
27.3 Where authorized by law, CONTRACTOR shall conduct, at no cost to
COUNTY, a clearance on the following public websites the names and dates of
birth for all employees and/or volunteers who will have direct, interactive
contact with clients served through this Agreement: U.S. Department of Justice
National Sex Offender Website (www.nsopw.gov) and Megan's Law Sex Offender
Registry (www.meganslaw.ca.gov).
27.4 Where authorized by law, CONTRACTOR shall conduct, at no cost to
COUNTY, a criminal record background check on all employees (direct service
and administrative) funded through this Agreement and also all non -funded
staff (e.g., volunteers, in-kind staff, etc.) who will have direct,
interactive contact with clients served through this Agreement. Background
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checks conducted through the California Department of Justice shall include a
check of the California Central Child Abuse Index, when
applicable. Candidates will satisfy background checks consistent with this
paragraph and their performance of services under this Agreement.
27.5 In the event a record is revealed through the processes described
in Subparagraphs 27.3 and 27.4, COUNTY will be available to consult with
CONTRACTOR on appropriateness of personnel providing services through this
Agreement.
27.6 CONTRACTOR warrants that all persons employed or otherwise
assigned by CONTRACTOR to provide services under this Agreement have
satisfactory past work records and/or reference checks indicating their
ability to perform the required duties and accept the kind of responsibility
anticipated under this Agreement. CONTRACTOR shall maintain records of
background investigations and reference checks undertaken and coordinated by
CONTRACTOR for each employee and/or volunteer assigned to provide services
under this Agreement for a minimum of five (5) years from the date of final
payment under this Agreement or until all pending COUNTY, State and Federal
audits are completed, whichever is later, in compliance with all applicable
laws.
27.7 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 may determine whether such employee and/or volunteer may
continue to provide services under this Agreement and shall provide notice of
such determination to CONTRACTOR in writing. CONTRACTOR's failure to comply
with ADMINISTRATOR's decision shall be deemed a material breach of this
Agreement, pursuant to Paragraph 18 above.
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27.8 COUNTY has the right to approve or disapprove all of CONTRACTOR's
staff performing work hereunder and any proposed changes in CONTRACTOR's
staff.
27.9 COUNTY shall have the right to require CONTRACTOR to remove any
employee from the performance of services under this Agreement. At the
request of COUNTY, CONTRACTOR shall immediately replace said personnel.
27.10 CONTRACTOR shall notify COUNTY immediately when staff is
terminated for cause from working on this Agreement.
27.11 Disqualification, if any, of CONTRACTOR staff, pursuant to
Paragraph 27, shall not relieve CONTRACTOR of its obligation to complete all
work in accordance with the terms and conditions of this Agreement.
28. 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.
29. 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
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shall be posted in all reception areas where clients are served.
30. CONFIDENTIALITY
30.1 CONTRACTOR agrees to maintain the confidentiality of its records
pursuant to WIC Sections 827 and 10850-10853, the COSS 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.
30.2 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 and CONTRACTOR's employees, volunteers,
agents, and subcontractors. CONTRACTOR shall require all of its employees,
volunteers, agents, subcontractors and partners 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 26, provide reports and any other information
required by COUNTY in the administration of this Agreement, and as otherwise
permitted by law.
30.3 CONTRACTOR shall inform all of its employees, volunteers, agents,
subcontractors and partners of this provision and that any person violating
the provisions of said California state law may be guilty of a crime.
30.4 CONTRACTOR agrees that any and all subcontracts entered into shall
be subject to the confidentiality requirements of this Agreement.
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31. SECURITY
31.1 CONTRACTOR shall immediately notify COUNTY of any and all
unauthorized disclosures of COUNTY data of which CONTRACTOR or its staff is
aware or has knowledge. After such notification, CONTRACTOR shall, at its own
expense:
31.1.1 Investigate to determine the nature and extent of the
unauthorized disclosure.
31.1.2 Contain the incident by, among things, attempting to
recover records, revoking access and/or correcting weaknesses in security.
CONTRACTOR shall reimburse COUNTY for all notification -related costs incurred
by COUNTY arising out of or in connection with the unauthorized disclosure as
legally required
31.1.3 For services provided under this Agreement, CONTRACTOR
shall ensure that all confidential information must be held in the strictest
confidence, can only be accessed by those with a need to know and is protected
to prevent unauthorized or inadvertent access. Confidential electronic
information must be stored in an encrypted format. Confidential information
stored in a paper format must be transported, handled, secured and destroyed
in a manner that to prevent unauthorized access.
32. COPYRIGHT ACCESS
The U.S. Department of Health and Human Services, the CUSS, and COUNTY
will have a royalty -free, nonexclusive and irrevocable license to publish,
translate, or use, now and hereafter, all material developed under this
Agreement including those covered by copyright.
33. WAIVER
No delay or omission by either party hereto to exercise any right or
power accruing upon any noncompliance or default by the other party with
respect to any of the terms of this Agreement shall impair any such right or
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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.
34. PETTY CASH
CONTRACTOR is authorized to establish a petty cash fund in an amount not
to exceed one thousand dollars ($1,000).
35. PUBLICITY
35.1 Information and solicitations, prepared and released by
CONTRACTOR, concerning the services provided under this Agreement shall state
that the program, wholly or in part, is funded through COUNTY, State and
Federal government funds.
35.2 CONTRACTOR shall not disclose any details in connection with this
Agreement to any person or entity except as may be otherwise provided
hereunder or required by law. However, in recognizing CONTRACTOR's need to
identify its services and related clients to sustain itself, COUNTY shall not
inhibit CONTRACTOR from publishing its role under this Agreement within the
following conditions:
35.2.1 CONTRACTOR shall develop all publicity material in a
professional manner; and
35.2.2 During the term of this Agreement, CONTRACTOR shall not,
and shall not authorize another to, publish or disseminate any commercial
advertisements, press releases, feature articles, or other materials using the
name of COUNTY without the prior written consent of COUNTY. COUNTY shall not
unreasonably withhold written consent.
35.3 COUNTY owns all rights to the name, logos and symbols of COUNTY.
The use and/or reproduction of COUNTY's name and/or logo for any purpose,
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including commercial advertisement, promotional purposes, announcements,
displays or press releases, without COUNTY's prior written consent is
expressly prohibited.
36. COUNTY RESPONSIBILITIES.
ADMINISTRATOR will provide consultation and technical assistance and
will monitor performance of CONTRACTOR in meeting the terms of this Agreement.
37. REFERRALS
37.1 CONTRACTOR shall provide services to individuals referred by
ADMINISTRATOR.
38. REPORTS
38.1 CONTRACTOR shall provide information deemed necessary by
ADMINISTRATOR to complete any State -required reports related to the services
provided under this Agreement.
38.2 CONTRACTOR shall maintain records and submit reports containing
such data and information regarding the performance of CONTRACTOR's services,
costs or other data relating to this Agreement, as may be requested by
ADMINISTRATOR, upon a form approved by ADMINISTRATOR. ADMINISTRATOR may
modify the provisions of this Paragraph upon written notice to CONTRACTOR.
39. ENERGY EFFICIENCY STANDARDS
As applicable, CONTRACTOR shall comply with the mandatory standards and
policies relating to energy efficiency in the State Energy Conservation Plan
(Title 24, CCR).
40. ENVIRONMENTAL PROTECTION STANDARDS
CONTRACTOR shall be in compliance with the Clean Air Act ETitle 42 USC
Section 7401 et sec.], the Clean Water Act (Title 33 USC Section 1251 et
seq.), Executive Order 11738 and Environmental Protection Agency, hereinafter
referred to as "EPA," regulations (Title 40 CFR), as any may now exist or be
hereafter amended. Under these laws and regulations, CONTRACTOR assures that:
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40.1 No facility to be utilized in the performance of the proposed
grant has been listed on the EPA List of Violating Facilities;
40.2 It will notify COUNTY prior to award of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA,
indicating that a facility to be utilized for the grant is under consideration
to be listed on the EPA List of Violating Facilities; and
40.3 It will notify COUNTY and EPA about any known violation of the
above laws and regulations.
41. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS
CONTRACTOR shall be in compliance with Section 319 of Public Law 101-121
pursuant to Title 31 USC Section 1352 and the guidelines with respect to those
provisions set down by the OMB and published in the Federal Register dated
December 20, 1989, Volume 54, No. 243, pp. 52306-52332. Under these laws and
regulations, it is mutually understood that any contract which utilizes
Federal monies in excess of $100,000 must contain and CONTRACTOR must certify
compliance utilizing a form provided by ADMINISTRATOR that cites the
following:
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 (8) 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
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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 any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress on his
or her behalf in connection with this solicitation, the offeror shall complete
and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying
Activities, to the Contracting Officer; and
3) He or she will include the language of this
certification in all subcontract awards at any tier and require that all
recipients of subcontract awards in excess of $100,000 shall certify and
disclose accordingly.
C. Submission of this certification and disclosure is a
prerequisite for making or entering into this Agreement imposed by Section
1352, Title 31, USC. Any person who makes an expenditure prohibited under
this provision or who fails to file or amend the disclosure form to be filed
or amended by this provision, shall be subject to a civil penalty of not less
than $10.000. and not more than $100.000. for each such failure.
42. POLITICAL ACTIVITY
CONTRACTOR agrees that the funds provided herein shall not be used to
promote, directly or indirectly, any political party, political candidate or
political activity, except as permitted by law.
43. TERMINATION PROVISIONS
43.1 ADMINISTRATOR may terminate this Agreement without penalty
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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 include but not be limited to any breach of contract,
any partial misrepresentation whether negligent or willful, fraud on the part
of CONTRACTOR, discontinuance of the services for reasons within CONTRACTOR's
reasonable control, and repeated or continued violations of COUNTY ordinances
unrelated to performance under this Agreement that in the reasonable opinion
of COUNTY indicate a willful or reckless disregard for COUNTY laws and
regulations. Exercise by ADMINISTRATOR of the right to terminate this
Agreement shall relieve COUNTY of all further obligations under this
Agreement.
43.2 For ninety (90) calendar days prior to the expiration date of this
Agreement, or upon notice of termination of this Agreement ("Transition
Period"), CONTRACTOR agrees to cooperate with ADMINISTRATOR in the orderly
transfer of service responsibilities, active case records, and pertinent
documents. The Transition Period may be modified as agreed upon in writing by
the Parties. During the Transition Period, service and data access shall
continue to be made available to COUNTY without alteration. CONTRACTOR also
shall assist COUNTY in extracting and/or transitioning all data in the format
determined by COUNTY.
43.3 In the event of termination of this Agreement, cessation of
business by CONTRACTOR or any other event preventing CONTRACTOR from
continuing to provide services, CONTRACTOR shall not withhold the COUNTY data
or refuse for any reason, to promptly provide to COUNTY the COUNTY data if
requested to do so on such media as reasonably requested by COUNTY, even if
COUNTY is then or is alleged to be in breach of this Agreement.
43.4 The obligations of COUNTY under this Agreement are contingent upon
the availability of Federal and/or State funds, as applicable, for the
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reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds
for the services hereunder in the budget approved by the Orange County Board
of Supervisors each fiscal year this Agreement remains in effect or operation.
In the event that such funding is terminated or reduced, ADMINISTRATOR may
immediately terminate this Agreement, reduce COUNTY's maximum obligation, or
modify this Agreement, without penalty. The decision of ADMINISTRATOR will be
binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written
notification of such determination. CONTRACTOR shall immediately comply with
ADMINISTRATOR's decision.
43.5 If any term, covenant, condition, or provision of this Agreement
or the application thereof is held invalid, void, or unenforceable, the
remainder of the provisions in this Agreement shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated thereby.
44. GOVERNING LAW AND VENUE
This Agreement has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State
of California, without reference to conflict of law provisions. In the event
of any legal action to enforce or interpret this Agreement, the sole and
exclusive venue shall be a court of competent jurisdiction located in Orange
County, California, and the parties hereto agree to and do hereby submit to
the jurisdiction of such court, notwithstanding Code of Civil Procedure
Section 394. Furthermore, the parties specifically agree to waive any and all
rights to request that an action be transferred for trial to another county.
45. SIGNATURE IN COUNTERPARTS
The parties agree that separate copies of this Agreement may be signed 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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CONTRACTOR represents and warrants that the person executing this
Agreement on behalf of and for CONTRACTOR is an authorized agent who has
actual authority to bind CONTRACTOR to each and every term, condition and
obligation of this Agreement and that all requirements of CONTRACTOR have been
fulfilled to provide such actual authority,
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WHEREFORE, the parties hereto have executed this Agreement in the County of
Orange, California.
1.2
Dated:
Attest:
GERARDO MOUET
ACTING CITY MANAGER
OF SANTA ANA
MARIA D. HUIZAR
CLERK OF THE COUNCIL
CHAIRW CA 1�
OF THE BOARD OF SUPERVISORS
COUNTY OF ORANGE, CALIFORNIA
Dated:
APPROVED AS TO FORM:
By:
RYAN HODGE
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//,
X ��
e
ROBIN-'STIELER
Clerk of the Board
County of Orange, California
APPROVED AS TO FORM
COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
By: ✓1/if'7
y/ /EPUTY
Dated: / / q/17
(WRR0216)
Page 43 of 43
(April 4, 2017)
WHEREFORE, the parties hereto have executed this Agreement in the County of
Orange, California.
By:C�✓ r
Cynthia Kurtz,
Interim City Manager
Dated:
Attest:
By: &--q 3 • ,
MARIA D. HUIZ
CLERK OF THE COUNCIL
CHAIRWOMAN
OF THE BOARD OF SUPERVISORS
COUNTY OF ORANGE, CALIFORNIA
Dated:
APPROVED AS TO FORM:
By:TSAtNCITY
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:
ROBIN STILLER
Clerk of the Board
County of Orange, California
APPROVED AS TO FORM
COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
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 CaIWORKs
program is to promote family well-being by enhancing employability of
Participants through engagement in 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 and Federal requirements.
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: A minimum of eighty percent (80%) of all
Participants shall be enrolled in VTR activities.
1.2.2 WEX Enrollments: A minimum of eighty percent (80%) of all
Participants shall be enrolled in WEX activities
1.2.3 VTR Completion Rate: A minimum of seventy percent (70%) of
Participants exiting VTR activities will complete the activities.
1.2.4 WEX Completion Rate: A minimum of seventy percent (70%)
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of Participants exiting WEX activities will complete the activities.
1.2.5 VTR Employment Rate: A minimum of sixty percent (60%) of
Participants who attend VTR activities will obtain unsubsidized employment
within forty-five (45) calendar days of completing VTR activities. CONTRACTOR
and ADMINISTRATOR may mutually agree in writing to extend the forty-five (45)
calendar days to sixty (60) days when certification is delayed through no
fault of the CONTRACTOR. Employment will be verified on a format approved by
ADMINISTRATOR.
1.2.6 WEX Employment Rate: A minimum of sixty percent (60%) of
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 or WEX activities, per SSA policy:
2.1.1 Are required to participate, or have voluntarily enrolled,
in the Ca1WORKs/WTW program pursuant to State regulations;
2.1.2 Have not obtained unsubsidized employment sufficient to
meet the minimum required hours of WTW participation;
2.1.3 Are deemed suitable for the activity by WTW Staff;
2.1.4 Continue to meet CalWORKS eligibility criteria; and
2.1.5 Reside in Orange County.
2.2 CONTRACTOR agrees to provide services to Participants referred to
CONTRACTOR by WTW Staff under this Agreement.
-2.3 I -f- CONTRACTOR identifies the need to refuse Participants or take
actions that might negatively impact participation in the enrolled activity,
CONTRACTOR will obtain concurrence from WTW staff prior to taking action.
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3. DEFINITIONS
3.1 America's Job Centers of California: Employment -based facilities
integrating community based service providers into single workforce centers,
in which COUNTY participates, that 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 America's Job Center of
California is also referred to as the WORK Center.
3.2 Barriers to Employment: Circumstances that interfere with WTW
participation, employment, or job search.
3.3 CalWORKS: California Work Opportunity and Responsibility to Kids
Act of 1997 as described in WIC Section 11200 et seq.
3.4 Participant: An individual who is required to participate, or has
voluntarily enrolled, in the CalWORKS/WTW program pursuant to State
regulations and is referred by WTW Staff to CONTRACTOR.
3.5 Placement: Employment of a WTW Participant who is meeting required
WTW participation hours through unsubsidized employment and is earning at
least the prevailing California minimum wage.
3.6 Santa Ana Workforce Development Board (SA WDB): Santa Ana
Workforce Investment Board was established under the Federal Workforce
Investment Act (WIA) of 1998. The Board was renamed to Santa Ana Workforce
Development Board (SA WDB) following the Workforce Innovation and Opportunity
Act (WIOA) which was signed into law on July 22, 2014.SA WDB provides
oversight to workforce development activities that increase the employment,
retention, and earnings of Participants, and increase attainment of
occupational skills by Participants. Workforce development activities
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authorized by WIOA are provided at the local level via the America's Job
Centers of California, as defined in Subparagraph 3.1 above, 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.
3.7 Santa Ana Workforce Development Board Case Manager (SA WDB CM): An
employee of the Santa Ana WORK Center, a division of the City of Santa Ana,
assigned to work with the Participant and WTW Staff throughout the Vocational
Training (VTR) and Work Experience (WEX) activities
3.8 Supportive Services: Payments provided to or on behalf of
Participants for child care, transportation, and/or ancillary expenses.
3.9 Unsubsidized Employment: Employment without government subsidy.
3.10 Vocational Assessment: An evaluation of employability and the need
for employment support services considering work history, employment skills,
knowledge and abilities, education, educational competency level, local labor
market conditions, physical limitations, or mental conditions. Vocational
Assessments are conducted through another COUNTY contracted service provider.
3.11 Welfare -To -Work (WTW): A mandated program under the CalWORKS Act
which requires non-exempt parents or caretakers in families receiving CalWORKs
assistance to meet work requirements by participating in WTW activities, with
a goal of unsubsidized employment leading to self-sufficiency.
3.12 WTW Activities: Allowable activities to which the Participant may
be assigned as specified in the WIC and CalWORKs WTW regulations and COUNTY
policies and procedures.
3.13 WTW Staff: ADMINISTRATOR's staff and other contracted staff with
the authority to refer Participants for services.
4. SERVICES
4.1 CONTRACTOR shall provide employment services to Participants in
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the form of vocational training and paid work experience to meet the required
participation hours as referred by WTW Staff,
4.2 CONTRACTOR shall provide VTR activities not to exceed twelve (12)
months, to prepare Participants for employment in a specific trade,
occupation, or vocation. CONTRACTOR shall arrange for VTR activities to take
place at vocational -technical schools, postsecondary institutions, or
proprietary schools. CONTRACTOR shall make VTR activities available to
Participants in areas identified as growth oriented, current or emerging
occupations, meeting an unmet community need, and in high demand for new
employees including, but not be limited to, the following fields:
4.2.1 Certified Nurse's Assistant;
4.2.2 Office Technology;
4.2.3 Child Care Provider;
4.2.4 Medical Liens Collections;
4.2.5 Health Care careers;
4.2.6 Hospitality;
4.2.7 Protective Services; and
4.2.8 Transportation.
4.3 CONTRACTOR shall provide WEX, not to exceed twelve (12) weeks in
length, unless approved in advance by ADMINISTRATOR for a different period.
The WEX work site may include public or private, for-profit or nonprofit
organizations. WEX is an 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.
4.4 CONTRACTOR shall be reimbursed by COUNTY for one hundred percent
(100%) of the salary and benefits paid to each WEX participant. CONTRACTOR
shall pay WEX participants at a rate not to exceed the prevailing California
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Minimum Wage, for each hour worked, not to exceed the total number of hours
referred by WTW Staff. Overtime pay will not be permitted without prior
approval from ADMINISTRATOR. Participants may be paid for COUNTY holidays as
identified in Subparagraph 14.1.2 of this Exhibit A to this Agreement, with
prior approval from ADMINISTRATOR. At the end of the training period it is
expected that the employer providing the WEX activity will hire the
participant as a regular employee.
4.5 CONTRACTOR shall obtain prior approval from ADMINISTRATOR for
changes related to the administration of VTR and WEX activities provided under
this Agreement.
5. CONTRACTOR RESPONSIBILITIES
CONTRACTOR shall:
5.1 Assign a SA WDB CM who will work closely with each Participant to
understand the Participant's needs, assess career goals, arrange an
appropriate VTR or WEX activity, and monitor Participant's attendance and
progress.
5.2 Discuss with WTW Staff as soon as barriers/noncooperation issues
are identified in order to come up with the best action plan to help
Participants complete the VTR or WEX activity.
5.3 Provide an orientation to Participants of VTR or WEX activities.
5.4 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.
5.5 Provide training, case management, and coaching to the Participant
in order to address barriers, ensure completion of VTR/WEX activity and assist
in obtaining employment.
5.6 Work with and motivate difficult to place Participants who have
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multiple barriers, which may include a resistance to program participation.
5.7 Provide services to meet ethnic diversity in a manner responsive
to individuals with literacy, language and sociocultural issues that
demonstrate language or cultural barriers to employment, including resistance
to pursuing employment in occupations that may be perceived as nontraditional.
5.8 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 accessing
and navigating public transportation, and child care concerns.
5.9 Assign the 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.
5.10 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 action steps needed to successfully complete the
program.
5.11 Use positive reinforcement techniques and work closely with
Participants to resolve barriers and motivate compliance.
5.12 Refer Participants to WTW Staff for assistance with employment
supportive services needs, such as food, transportation, housing, mental
health and substance abuse issues, legal assistance, and clothing, as
appropriate.
5.13 Continue to work with the Participant in job search activities for
forty-five (45) days after completion of the VTR activity, unless otherwise
extended to sixty (60) days per Subparagraph 1.2.5.
5.14 Maintain a case file for each Participant served under this
Agreement in a format approved by ADMINISTRATOR. The case file will include,
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but not be limited to, the following:
5.14.1 Initial referral form;
5.14.2 Documentation of all correspondence in regards to the
Participant's participation in the VTR or WEX activities, including any
correspondence involving any subcontractors;
5.14.3 Participant attendance records;
5.14.4 Documentation, including dates, of any problems reported
at the VTR training site or WEX work site; and
5.14.5 All correspondence related to any Participant's Workers
Compensation injury.
5.15 Develop relationships with local businesses by networking and
developing work sites for WEX participants.
5.16 Develop appropriate VTR training sites and WEX sites in the
community, monitor Participant's attendance, and communicate Participant and
attendance issues with WTW Staff, as determined by ADMINISTRATOR.
5.17 Attend meetings as requested by ADMINISTRATOR.
5.18 Cooperate with ADMINISTRATOR with respect to sanctions applied by
ADMINISTRATOR to Participants in the event of Participant non-cooperation.
This may include testifying at Participant non-compliance hearings.
5.19 Provide internal forms that are not mandated by ADMINISTRATOR or
by program requirements for review and approval by ADMINISTRATOR prior to
implementation.
5.20 Ensure that all services provided to Participants under this
Agreement are conducted in a manner responsive 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 VTR and WEX activities.
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CONTRACTOR shall employ staff who will provide services in the Participant's
language or obtain interpreters when necessary.
6. PRINCIPLES
CONTRACTOR shall ensure that the delivery of services is based on the
following principles:
6.1 Opportunities shall be maximized to provide integrated,
coordinated and easily accessible resources for Participants;
6.2 Services shall be family -friendly and family -centered;
6.3 Services shall be community-based and provide integrated services
that coordinate Federal, State and community funding opportunities;
6.4 Participants' strengths shall be identified, utilizing
motivational and strength -based techniques; and
6.5 Services shall be outcome -driven and identify indicators that
accurately reflect progress towards stated goals.
7. OUTSIDE CONTACTS:
CONTRACTOR shall:
7.1 Immediately inform ADMINISTRATOR of any inquiry from an elected
official or their representative not already associated with CONTRACTOR,
participant representative, or the press, and immediately provide information
in order for ADMINISTRATOR to respond.
7.2 Consult with ADMINISTRATOR prior to initiating contact with a
participant representative or the press.
7.3 Inform ADMINISTRATOR prior to initiating contact with an elected
official or their representative.
8. FACILITIES
8.1 It is mutually understood that VTR and/or 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
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referred to CONTRACTOR at the following facility:
Santa Ana WORK Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
8.2 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.
8.3 CONTRACTOR and ADMINISTRATOR may mutually agree in writing to add,
change, modify, or delete facility locations as necessary to best serve the
needs of Participants and ADMINISTRATOR.
9. REPORTING REQUIREMENTS
9.1 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.
9.2 Reports of problems, attendance issues, or other inquiries about
VTR/WEX activities shall be addressed immediately with the affected
Participant and WEX employer or VTR instructor; CONTRACTOR shall inform WTW
Staff within twenty-four (24) hours, through verbal or electronic
communication, to allow quick intervention to address the issue with the
Participant.
9.3 CONTRACTOR shall report each Participant's monthly attendance and
progress, including achievements, by the tenth (10t") calendar day of the
following month in a format approved by ADMINISTRATOR. For example, the
Participant's monthly report for January is due February 10.
9.4 CONTRACTOR shall provide, by the tenth (10t") calendar day of each
month, a cumulative status report for the preceding month, in a format
approved by ADMINISTRATOR. The monthly status report shall identify, but not
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be limited to, the following data elements:
9.4.1 Referrals received;
9.4.2 Participants enrolled;
9.4.3 Participants returned to ADMINISTRATOR;
9.4.4 Participants disenrolled by WTW Staff;
9.4.5 Participants carried forward from previous month;
9.4.6 Completions of VTR/WEX activity;
9.4.7 Placements in unsubsidized employment;
9.4.8 Average wage; and
9.4.9 Complaints received.
10. PERFORMANCE MONITORING AND REVIEW
10.1 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.
10.2 ADMINISTRATOR may use a variety of inspection methods to evaluate
CONTRACTOR's performance, including but not limited to:
10.2.1 Random sampling of program activities including a review
of case files each month;
10.2.2 Activity checklists and random observations;
10.2.3 Inspect output items on a periodic basis as deemed
necessary;
10.2.4 Monthly statistical reports;
10.2.5 Participants' complaints and/or Participants
questionnaires; and
10.2.6 Complaints received by CONTRACTOR.
10.3 ADMINISTRATOR may require corrective action plans when it is
determined that services are performed unsatisfactorily during the review
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period. CONTRACTOR shall remedy the performance defects within the time
period specified in the corrective action plan. Nothing in this section shall
limit the COUNTY's ability to terminate this agreement pursuant to Paragraph
43.
10.4 Performance evaluation meetings will be conducted by ADMINISTRATOR
as necessary.
10.5 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.
11. QUALITY CONTROL
11.1 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:
11.1.1 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;
11.1.2 Specific methods to identify and prevent deficiencies in
the quality of service performed, prior to unacceptable performance levels;
11.1.3 Method for continuing services in the event of an
emergency, such as a strike of CONTRACTOR's employees or a natural disaster;
and
11.1.4 Maintenance of all inspection files and, if necessary,
corrective action taken.
11.2 CONTRACTOR shall cooperate with any third party audit or
inspections as required by ADMINISTRATOR or other COUNTY, State or Federal
agency.
12. WELFARE FRAUD
If CaIWORKs eligibility or Supportive Services payment fraud is
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suspected, CONTRACTOR staff shall inform the appropriate designated COUNTY
staff within 48 hours of awareness of any suspected fraud.
13. HANDLING COMPLAINTS
13.1 CONTRACTOR shall develop, operate, and maintain procedures for
receiving, investigating and responding to complaints.
13.2 CONTRACTOR staff shall maintain a log for identification and
response to complaints. When complaints cannot be resolved informally, a
system of follow-through shall be instituted. Responses to complaints should
occur within two (2) business days, unless otherwise authorized by
ADMINISTRATOR.
13.3 When CONTRACTOR believes any complaint may have legal implications
for CONTRACTOR or COUNTY, CONTRACTOR shall forward such complaint immediately
to ADMINISTRATOR prior to responding to the complaint.
13.4 CONTRACTOR shall provide to ADMINISTRATOR, in a form approved by
ADMINISTRATOR, information pertaining to complaints, as well as CONTRACTOR's
response to any complaints as described above within ten (10) business days of
the complaint, except as provided for in Subparagraph 13.3. CONTRACTOR shall
provide a summary of all complaints as prescribed and on a format approved by
ADMINISTRATOR. Complaints include, but are not limited to, complaints from
Participants, other COUNTY contracted service providers, community
organizations, and the public.
13.5 Formal Grievance Process and State Hearing
13.5.1 CONTRACTOR shall inform each Participant of his or her
State Hearing and Civil Rights, and of his or her right to request a review by
a COUNTY worker of a grievance should the Participant disagree with an action
made by CONTRACTOR.
13.5.2 Grievance Rights and Civil Rights notices, in multiple
languages, shall be posted in WTW office(s) where all Participants can
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easily see them, in accordance with Subparagraph 8.6 of this Agreement.
13.5.3 CONTRACTOR shall attend COUNTY Formal Grievance Hearings
and State Hearings when requested, and comply with the decisions of the
Hearing Officers. All actions involving the Formal Grievance Process and
State Hearings shall be properly documented by CONTRACTOR.
14. HOURS OF OPERATION
14.1.1 CONTRACTOR shall provide service hours that are responsive
to the needs of the target population, as determined by ADMINISTRATOR. At a
minimum, CONTRACTOR shall provide services during business days Monday through
Friday, from 8:00 a.m. to 5:00 p.m., except COUNTY holidays as established by
the Orange County Board of Supervisors. In addition, CONTRACTOR shall address
expanded work hours of operation during the evening and on weekends to address
Participant needs.
14.1.2 CONTRACTOR's holiday schedule shall not exceed COUNTY's
holiday schedule which is as follows: New Year's Day, Martin Luther King Day,
President Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day. CONTRACTOR shall obtain prior written
approval from ADMINISTRATOR for any closure outside of COUNTY's holiday
schedule or the hours in Paragraph 14.1.1. Any unauthorized closure shall be
deemed a material breach of this Agreement, pursuant to Paragraph 18, and
shall not be reimbursed. CONTRACTOR is encouraged to provide the contracted
services on holidays, whenever possible.
15. BUDGET
15.1 The budget for services provided pursuant to Exhibit A of this
Agreement shall span thirty-six (36) months and is set forth as follows:
Budget Period July 1, 2017 - June 30, 2018
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Maximum
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Line Items
Hourly Rate
FTE
Budget
User Fee
Salaries and Benefits
Office Supplies
$1,300
Rental City Equipment
$750
Accident Repair & Replacement
Workforce Specialist II
$36.43
$150
1.00
$75,770.63
IS Strategic Plan
Workforce Specialist II
$36.43
$11,500
1.00
$75,770.63
Subtotal Operations
Economic Development Specialist III
$63.75
.07
$9,282.50
Sr. Management Analyst
$53.26
.02
$2,215.73
Accountant II
$47.13
.06
$5,880.44
Sr. Accounting Assistant
$34.48
.04
$2,868.99
Accounting Assistant
$32.05
.04
$2,666.68
Subtotal Salaries
$174,455.60
Benefits (55.00231)
$96,303.30
Subtotal Salaries and Benefits`1)(2)
$270,758.90
Operations
Maximum
Communications
$1,200
User Fee
$9,500
Office Supplies
$1,300
Rental City Equipment
$750
Accident Repair & Replacement
$30
Gas & Diesel
$150
Computer Services
$1,000
IS Strategic Plan
$4,500
Insurance
$11,500
Indirect Costs
$13,535
Subtotal Operations
$43,465
Participant Costs
Work Experience Wages 13) $206,640.00
Benefits('' $43,236.10
Vocational Training(s) $235,900.00
Subtotal Participant Costs $485,776.10
MAXIMUM COUNTY OBLIGATION (7/1/17-6/30/18) $800,000
Budget Period July 1, 2018- June 30, 2019
Sr. Management Analyst $53.26 .02 $2,215.73
Accountant II $47.13 .06 $5,880.44
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Maximum
Line Items
Hourly Rate
FTE
Cost
Salaries and Benefits
Workforce Specialist II
$36.43
1.00
$75,770.63
Workforce Specialist II
$36.43
1.00
$75,770.63
Economic Development Specialist III
$63.75
.07
$9,282.50
Sr. Management Analyst $53.26 .02 $2,215.73
Accountant II $47.13 .06 $5,880.44
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Sr. Accounting Assistant $34.48 .04 $2,868.99
Accounting Assistant $32.05 .04 $2,666.68
Subtotal Salaries $174,455.60
Benefits (55.0023%) $96,303.30
Subtotal Salaries and Benefits(1)`Z) $270,758.90
Operations
Maximum
Communications
$1,200
User Fee
$9,500
Office Supplies
$1,300
Rental City Equipment (Fleet)
$750
Accident Repair & Replacement
$30
Gas & Diesel
$150
Computer Services
$1,000
IS Strategic Plan
$4,500
Insurance
$11,500
Indirect Costs
$13,535.00
Subtotal Operations
$43,465.00
Participant Costs
Work Experience Wages`31 $206,640.00
Benefits`4' $43,236.10
Vocational Training`51 $235,900.00
Subtotal Participant Costs $485,776.10
MAXIMUM COUNTY OBLIGATION (7/1/18.6/30/19) $800,000
Budget Period July 1, 2019 June 30, 2020
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Maximum
Line Items
Hourly
Rate
FTE
Budget
Salaries and Benefits
Workforce Specialist II
$36.43
1.00
$75,770.63
Workforce Specialist II
$36.43
1.00
$75,770.63
Economic Development Specialist III
$63.75
.07
$9,282.50
Sr. Management Analyst
$53.26
.02
$2,215.73
Accountant TI
$47.13
.06
$5,880.44
Sr. Accounting Assistant
$34.48
.04
$2,868.99
Accounting Assistant
$32.05
.04
$2,666.68
Subtotal Salaries
$174,455.60
Benefits (55.0023%)
$96,303.30
Subtotal Salaries and Benefits1l"Z'
$270,758.90
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Operations
Communications
$1,200
User Fee
$9,500
Office Supplies
$1,300
Rental City Equipment (Fleet)
$750
Accident Repair & Replacement
$30
Gas & Diesel
$150
Computer Services
$1,000
IS Strategic Plan
$4,500
Insurance
$11,500
Indirect Costs
$13,535.00
Subtotal Operations
$43,465.00
PartiC!Dant Costs
Work Experience Wages (3) $206,640.00
Benefits"' $43,236.10
Vocational Training`'' $235,900.00
Subtotal Participant Costs $485,776.10
MAXIMUM COUNTY OBLIGATION (7/1/15.6/30/16) $800,000
TOTAL MAXIMUM COUNTY OBLIGATION (7/1/17-6/30/20) $2,400,000
(1) Total salaries are calculated on maximum hourly rates. July 1, 2017 -June
30, 2020 salary costs are based on total hours worked and days the city
offices are closed for Workforce Specialist II and Fiscal Specialist
positions.
(2) Employee Benefits include contributions to 401k or retirement plans;
health insurance; dental insurance; life insurance; long-term disability
insurance; payroll taxes such as FICA, Federal Unemployment Tax, State
Unemployment Tax, and Workers' Compensation Tax, based on the currently
prevailing rates; and vacation and sick leave accrual limited to the
amount of time earned during the fiscal years in which such expense is
claimed. The overall benefit rate shall not exceed 55.0023% of the actual
salary expense claimed.
(3) Enrollments in WEX activities are contingent upon availability of funds.
(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.
15.2 CONTRACTOR and ADMINISTRATOR may agree, subject to advance written
notice, to add, delete, or otherwise modify line items and/or amounts and/or
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the number and type of FTE positions without changing COUNTY's maximum
obligation as stated in Subparagraph 19.1 of this Agreement or reducing the
level of service to be provided by CONTRACTOR. Further, in accordance with
Subparagraph 43.3 of this Agreement, in the event ADMINISTRATOR reduces the
maximum obligation as stated in Subparagraph 19.1, CONTRACTOR and
ADMINISTRATOR may mutually agree in writing to proportionately reduce the
service goals as set forth in this Exhibit A to this Agreement.
16. STAFF
CONTRACTOR shall place Participants with a limited English vocabulary in
an environment that facilitates the development of the English language.
CONTRACTOR shall employ staff with experience in placing Participants in such
environments. 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).
16.1 Staff Training
16.1.1 CONTRACTOR's staff directly serving Participants, or
supervising those who do, shall be thoroughly familiar with the WTW service
delivery model per CalWORKS WTW regulations and COUNTY policies and procedures
and related instructions, including service delivery and payment systems;
welfare fraud and child abuse/elder abuse reporting requirements; the State
Hearing process; and Civil Rights compliance requirements.
16.1.2 COUNTY will provide relevant program policies and
operational procedures to CONTRACTOR during start-up, and subsequently as
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these materials are revised or new policies are developed.
16.1.3 COUNTY will provide initial training to a limited number
of CONTRACTOR staff with respect to Ca1WORKs WTW regulations and COUNTY
policies and procedures. CONTRACTOR shall conduct subsequent training(s) and
refresher training yearly. COUNTY will provide some information to CONTRACTOR
on the requirements in Subparagraph 16.1.1, but it will be CONTRACTOR's sole
responsibility to ensure that CONTRACTOR's staff understand and correctly
implement the requirements when providing WTW services.
16.1.4 CONTRACTOR shall be required to attend training(s) and/or
meetings, as determined by COUNTY, and provide CONTRACTOR staff with ongoing
training and assistance to ensure that contract deliverables are met.
16.1.5 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.
16.1.6 CONTRACTOR shall maintain a log of in-house training
activities and Participants. This log shall be made available to COUNTY upon
request.
16.2 Staff Duties and Qualifications:
CONTRACTOR shall provide the following described staff positions:
16.2.1 Workforce Specialist II (SA WDB CM)
Duties:
16.2.1.1 Manages a caseload, advises Participants of
career and training opportunities, develops Participants' employment plan, and
is responsible for Participant outcomes.
program enrollments
Participants.
(WRR0216)
16.2.1.2 Oversees Participant job search activities and
identifies and develops job opportunities appropriate to
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16.2.1.3 Markets services to employers and to
Participants, conducts employment/job sector workshops, gives presentations
and prepares informational materials, and maintains contacts within the
business community to provide employers with qualified candidates.
16.2.1.4 Monitors employment rate/employee retention rate
and customer satisfaction rate and develops plans for improvement.
16.2.1.5 Monitors eligibility and program files to ensure
compliance with Federal and State regulations, including WTW regulations;
performs site visits, and maintains detailed records and writes reports.
16.2.1.6 Collects and compiles data to generate detailed
technical reports, writes articles, and prepares publications regarding the
WDB to the public.
16.2.1.7 Organizes and implements WDB sponsored events,
participates as a team player, and applies principles of quality of service in
all activities.
Qualifications:
16.2.1.8 A minimum one (1) year of progressively
responsible workforce development program experience, or any combination of
college level coursework in psychology, sociology, counseling, human services,
business administration, accounting, public administration, workforce
development program experience equivalent to (1) year which provides the
desirable knowledge, skills, and abilities.
16.2.1.9 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.
(WRR0216)
16.2.1.10 Ability to understand, interpret, and implement
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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.
16.2.2 Economic Development Specialist III
Duties:
16.2.2.1 Directs, coordinates, monitors and evaluates
economic development programs.
16.2.2.2 Conducts economic research, analyses, market
feasibility studies concerning the CONTRACTOR's business base and other
related research.
16.2.2.3 Analyzes financial requirement of businesses
interested in financial assistance and designs and implements a business
retention program.
16.2.2.4 Prepares applications for grants and oversees
approved grant programs.
16.2.2.5 Plans and directs marketing efforts, including
media relations, print materials and advertising.
16.2.2.6 Plans and implements programs to encourage
import/export trade.
16.2.2.7 Establishes and maintains communications and
coordinates activities with organizations to promote and facilitate economic
development.
16.2.2.8 Coordinates the Division budget and supervises
subordinate -level employees.
Qualifications:
16.2.3 A minimum of three (3) years of progressively responsible
experience in local government or private economic development programs, one
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year of which must be as program manager or project leader, or a Bachelor's
degree from an accredited college or university with specialization in
economics, business or public administration, commercial finance may be used,
or any combination of education in economics, business or public
administration, commercial finance, training and experience equivalent to
three (3) years experience which provide the knowledge, skills and abilities
of the job.
16.2.4 Sr. Management Analyst
Duties:
16.2.4.1 Performs responsible and professional staff work
to ensure efficient and effective internal operations of administrative and
management systems in a large division is achieved.
16.2.4.2 Performs complex studies, research and analysis
relative to programs.
16.2.4.3 Conducts studies of operations, services and
program activities and writes reports and recommendations based on analysis of
collected data.
16.2.4.4 Prepares and monitors department budget,
revenues and expenditures, makes revenue projections, performs cost -benefits
analyses and acts as liaison between division and Finance.
16.2.4.5 Prepares grant applications and monitors grant -
funded programs and contracts.
16.2.4.6 Assists with management and supervision of
special departmental projects, programs and core functions.
16.2.4.7 Coordinates and facilitates personnel related
activities.
16.2.4.8 Develops and revises written procedures to
clarify, describe, or create department standards and policies.
(WRR0216)
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16.2.4.9 Reviews legislation related to departmental
activities and determines effect on departmental operations.
16.2.4.10 Attends and participates in meetings, makes
presentation to CONTRACTOR staff and the public, implements utilization of
information systems, and supervises staff.
Qualifications:
16.2.4.11 A minimum of three (3) years experience of
increasingly complex and responsible governmental administrative staff
experience and education equivalent to graduation from a four year accredited
college or university with specialization in political science, business or
public administration; supervisory and/or program/project management
experience; or any combination of education, training and experience
equivalent to three (3) years experience which provide the knowledge, skills
and abilities of the job.
16.2.5 Senior Accounting Assistant
Duties:
16.2.5.1 Prepares and maintains financial and accounting
records by gathering, assembling, tabulating, comparing, verifying, and
posting financial and statistical data.
16.2.5.2 Prepares or verifies and processes bills,
invoices, and similar documents.
16.2.5.3 Posts and balances cash books, ledgers,
subsidiary journals, and other financial and accounting records.
16.2.5.4 Reconciles accounts to general ledgers and
prepares routing reports and statements.
16.2.5.5 Analyzes and prepares reports of encumbrances
and expenditures for department programs.
16.2.5.6 Performs cost research and cost recovery
(WRR0216)
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analysis.
16.2.5.7 Receives money and maintains records of
receipts, files of invoices and other financial transaction documents.
ualifications:
16.2.5.8 A minimum of 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 a combination of two (2) years of
training and experience, or courses in accounting, finance, business and
office practices which provides the knowledge, skills and abilities in
accounting methods and government budgeting.
16.2.5.9 Knowledge of bookkeeping principles and
practices, fund accounting and governmental accounting methods.
16.2.5.10 Ability to keep bookkeeping accounts and prepare
financial statements and make arithmetic calculations.
16.2.6 Accountant II
Duties:
16.2.6.1 Performs journey -level professional accounting
and fiscal work in the field of governmental accounting.
16.2.6.2 Sets up and maintains special ledgers and other
accounting records.
16.2.6.3 Audits and analyzes weekly and monthly
expenditures of CONTRACTOR's programs and activities and consolidates into
periodic budget status reports.
Qualifications:
16.2.6.4 A minimum of two (2) years of responsible
professional accounting experience and education equivalent to graduation from
a four year accredited college or university with specialization in
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accounting, business administration or economics.
16.2.6.5 Ability to apply professional accounting
principles.
16.2.6.6 Ability to prepare complete and accurate
reports.
16.2.6.7 Be able to perform detail work involving written
or numeric data and to make arithmetic calculations rapidly and accurately.
16.2.7 Accounting Assistant
Duties:
16.2.7.1 Performs a variety of routine clerical work
involved in receiving, distributing and maintaining financial and statistical
records, receiving and disbursing cash.
16.2.7.2 Gathers, assembles, tabulates, checks, and posts
financial and statistical data.
16.2.7.3 Maintains simple accounts, posting entries from
supporting documents and records, including verifications of invoices with
supporting documents.
16.2.7.4 Accepts payments and fees as well as ensures
prompt payment for CONTRACTOR's purchases.
Qualifications:
16.2.7.5 High School diploma, GED, or equivalent
certification, and experience in performing financial, statistical or other
clerical work.
16.2.7.6 Knowledge of modern office practices and
procedures.
16.2.7.7 Knowledge of methods of handling, receipting,
and maintaining records of money received.
16.2.7.8 Skill in making arithmetic computations; filing;
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maintaining office records; the operation of office equipment, including ten -
key adding machines, calculators, and personal computers.
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