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HomeMy WebLinkAbout20A - AA COLLEGE WORKFORCE SVCSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 19, 2017 TITLE: APPROVE AN AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR SANTA ANA COLLEGE WORKFORCE SERVICES PROGRAM (STRATEGIC PLAN NO. 2,4) Clik MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-11:41060:11- L1 _1»:Zi0:11 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement recognizing $91,906 awarded to the City of Santa Ana, Santa Ana WORK Center by the Rancho Santiago Community College District for workforce and job development activities, effective December 19, 2017 through June 30, 2018, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $91,906 in funds from the Rancho Santiago Community College District in revenue account (no. 12418002-52027) and appropriate the same amount to expenditure account (nos. 12418751 -various). DISCUSSION Rancho Santiago Community College District (RSCCD) on behalf of Santa Ana College received a grant award entitled, Community Colleges Basic Skills and Student Outcomes Transformation Program, from the California Community Colleges Chancellor's Office, Academic Affairs Division. The purpose of the program is to improve the progression rate of basic skills students from remedial education to college level instruction. Colleges that receive funding will need to implement or expand evidence -based practices and principles that are innovative, sustainable and redesign in the areas of assessment, student services, and instruction that are geared toward improving the students' progress toward college readiness at a faster rate. The grant also includes the provision of workforce services activities. The Santa Ana WORK Center, in collaboration with Santa Ana College's School of Continuing Education, will be contracted to provide adult education students with workforce services that may include comprehensive assessment, case management, supportive services and job development to eligible students. WORK Center staff will be co -located at the School of Continuing Education to 20A-1 Santa Ana College Workforce Services Program December19, 2017 Page 2 better assist eligible students who will be enrolled into the Workforce Innovation and Opportunity Act programs. The City of Santa Ana WORK Center has partnered with Rancho Santiago Community College District for over 20 years to provide employment and training services. The program will serve a minimum of 40 people from October 10, 2017 through June 30, 2018. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #2 Youth, Education, Recreation, Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Approval of the appropriation adjustment will recognize $91,906 in funds from the Rancho Santiago Community College District in revenue account (no. 12418002-52027) and appropriate the same amount to expenditure account (nos. 12418751 -various) for expenditure in FY 17/18. Robert M. Zur c iedle Interim Executive irector Community Development Agency RZS/CD/sg Exhibit: 1. Santa Ana College Agreement APPROVED AS TO FUNDS AND ACCOUNTS: ,A-, �\F %CkN Z ') 'N 1' P l `Ik�t Q. - Francisco Gutierrez Executive Director Finance & Management Services Agency 20A-2 Sub -Agreement ' between RSCCD and City of Santa Ana SUB -AGREEMENT BETWEEN RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT AND CITY OF SANTA ANA 1i y �CG"vwt'f T This sub -agreement (hereinafter "Agreement") is entered Into on this' "day.of er2017, between Rancho Santiago Community College District (hereinafter "RSCCD") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "SUBCONTRACTOR"). RSCCD and SUBCONTRACTOR may be referred to individually as a "Party" and collectively as the "Parties".in this Agreement. WHEREAS, RSCCD received a grant award entitled, "Community Colleges Basic Skills and Student Outcomes Transformation Program" Prime Award #15.068,035 (hereinafter"Grant), from the 'California Community Colleges Chancellor's .Office, Academie Affairs Division (hereinafter "PRIME SPONSOR") that provides funding to competitively selected colleges for use to adopt or expand the use of evidence -based models of academic assessment, .placemcnt, remediation, and student support in order to accelerate the progress of underprepared students toward accomplishing educational and career goals. WHEREAS, RSCCD has the right to enter into .agreements with outside entities for various services with the approval of the Board of Trustees; and WHEREAS, SUBCONTRACTOR has. agreed -to participate in the purpose of the Grant according to the terms and conditions hereinafter set forth.. NOW, THEREFORE, the Parties agree as follows: 1. Statement of Work SUBCONTRACTOR agrees to:perform the work as described in the Scope of Work (Exhibit A), which by reference is incorporated into this Agreement. SUBCONTRACTOR agrees. to comply with all provisions, to perform all work as set forth in this .Agreement and the aforementioned Statement of Work in a professional, timely and diligent manner. 2. Period of Performance kR , Z00 The period of performance for this Agreement shall be from 0�pnc X, 2041 through June 30, 201$. 3. Total Cost The total cost to RSCCD for performance of this Agreement shall not exceed-$91;90G:D0 USD. �- = 4. Bu et SUBCONTRACTOR agrees that the expenditures of any and all funds under this Agreement will bein accordance with the Project Budget (Exhibit B), which by reference is incorporated into this Agreement. Agreement#00-17.2058-01 Basic Skills & Student Outcomes Transformation Program Grant #15-068-035 Pagel of 8 20A-3 Sub --Agreement between RSCCD and City of Santa Ana 5. Pa meat Disbursement of funds will begin upon RSCCD's receipt of the fully executed Agreement and a detailed invoice for the disbursement. RSCCD shall make reimbursement payments as long as the total payments under this Agreement do not exceed the amount listed above under Article 1.3. "Total Costs". 6. Invoices Invoices must be itemized, include the Agreement number (refer to footer), and include back- up documentation for expenditures submitted for payment. SUBCONTRACTOR shall submit invoices on or before the 15u' day of the month following the month in which SUBCONTRACTOR's services are performed. Final payment is contingent upon successful completion of the Scope of Work (Exhibit A), upon receipt of a final invoice requesting payment due by July 6, 2018, and the Project Director's certification of the final report. Invoices should be submitted to the following address: Rancho Santiago Community College District Santa Ana College School of Continuing Education Centennial Education Center Attn.: Nilo Lipiz, Dean of Instruction & Student Services 2900 W. Edinger Avenue Santa Ana, CA 92704 Reporting (a) Progress Reports. Through this Agreement, SUBCONTRACTOR agrees to provide data and submit reports consistent with the scope of Work (Exhibit A), upon request, for the duration. of the Grant. (b) Final Reports. SUBCONTRACTOR agrees to submit a final expenditure report and a final project report summarizing completion of the project consistent with the scope of Work (Exhibit A). The final reports are due July 6, 2018. (c) SUBCONTRACTOR will submit reports to the Project Director via email at Lipiz_Nilo@sac.edu in a timely manner. Expenditure of Grant Funds SUBCONTRACTOR agrees to comply with all Grant funding requirements and that it is solely responsible for the appropriate expenditure of all Grant fiords received and for any misappropriation or dis-allowment of Grant funds. Time Extensions RSCCD will not be requesting a time extension for program activities from the PRIME SPONSOR. As a result, SUBCONTRACTOR will not be granted an extension. Therefore, SUBCONTRACTOR must spend all of the funds allocated through this Agreement within the timeframe of the Agreement. Under this Agreement, SUBCONTRACTOR will only be reimbursed for expenses that are incurred on or prior to June 30, 2018. 10, Independent Contractor Agreement #DO -17-2058.01 Basic Skills & Student Outcomes Transformation Program Grant 415-068-035 Page 2 of 8 20A-4 Sub Agreement between RSCCD and City of Santa Ana SUBCONTRACTOR agrees that the services provided hereunder are rendered in its capacity as an independent contractor and that it is not in any way an agent of RSCCD, nor shall its employees be entitled to any personnel benefits of RSCCD whatsoever. 11. Subcontract Assi nment Unless specifically noted in the Scope of Work (Exhibit A), none of the duties of, or work to be performed by, SUBCONTRACTOR under this Agreement shall be sub -contracted or assigned to any agency, consultant, or person without the prior written approval by RSCCD. No subcontract or assignment shall terminate or alter the legal obligation of SUBCONTRACTOR pursuant to this Agreement. SUBCONTRACTOR shall insure that all subcontracts for services and contracted staff are procured in a manner consistent with state SUBCONTRACTOR guidelines, SUBCONTRACTOR shall itemize all sub -contractor and contracted staff costs in the budget so it is clear how the funds will be allocated and spent by SUBCONTRACTOR. By entering into this Agreement SUBCONTRACTOR agrees that it is the direct provider of the intended services. Upon request, SUBCONTRACTOR shall submit to RSCCD copies of all sub- contracts for services and contracted staff, and other agreements, as well as documentation indicating the approving authority's approval, that relate to this Agreement. 12. Mules for Deliverables (a) Any document or written report prepared in whole or in part by Parties shall reference the funding source (Basic Skills and Student Outcomes Transformation Program) relating to the preparation of such document or written report. (b) All products resulting from this Agreement or its subcontracts in whole or in part shall reference the California Community Colleges, Chancellor's Office and the specific funding source (Basic Skills and Student Outcomes Transformation Program). (c) All references to the project shall include the phrase, "funded in part by the California Community Colleges, Chancellor's Office," 13, Record Keeoinu SUBCONTRACTOR agrees to maintain project records for possible audit for a minimum of five (5) years after final payment or until any audit findings have been resolved, unless a longer period of records retention is stipulated. 14. Audit SUBCONTRACTOR agrees that RSCCD, the PRIME SPONSOR, the Bureau of State Audits, any other appropriate state or federal oversight agency, or their designated representative(s), shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. SUBCONTRACTOR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, SUBCONTRACTOR agrees to include a similar right of RSCCD, the PRIME SPONSOR, the Bureau of State Audits, any other appropriate state or federal oversight agency, or their designated representative(s) to audit records and interview staff in any subcontract related to the performance of this Agreement, Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program Grant 415-068-035 Page 3 of 20A-5 Sub -Agreement between RSCCD and City of5anta Ana 15, Insurance The Parties are self-insured public entities for the purposes of professional liability, general liability and workers' compensation. Each Party warrant that through its program of self- insurance It has adequate liability, general liability and workers' compensation to provide coverage for liabilities arising out of the Parties performance of this contract, 16. Mutual Indemnification Both Parties to this Agreement shall agree to defend, indemnify, and hold harmless the other Party, its officers, agents, employees, and volunteers, from and against all loss, cost, and expense arising out of any liability or claim of liability, sustained or claimed to have been sustained, arising out of activities, or the performance or nonperformance of obligations under this Agreement, of the indemnifying Party, or those of any of its officers, agents, employees, or volunteers. The provisions of tills Article do not apply to any damage or losses caused solely by the negligence of the non -indemnifying Party or any of its agents or employees, 17. Termination Either Party may terminate this Agreement, with or without cause upon thirty (30) days written notice served upon the other Party. Notice shall be deemed served on the date of mailing. Upon termination, or notice thereof, the Parties agree to cooperate with one another in the orderly transfer of contract responsibilities, records, and pertinent documents. The obligations of RSCCD under this Agreement are contingent upon the availability of State funds, as applicable, for the reimbursement of SUBCONTRACTOR expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by the RSCCD Board of Trustees each fiscal year this Agreement remains in effect. In the event that such funding is terminated or reduced, RSCCD shall provide SUBCONTRACTOR with written notification of such determination, 18, Disputes In the event of a dispute between the Parties, the aggrieved Party shall notify the other Party and provide a detailed description of the alleged problem. The Parties agree to use reasonable efforts to resolve such dispute by good faith negotiations and mutual agreement. In the event such informal resolution is not successful within a reasonable period of time, the Parties hereby agree that such dispute will be resolved in the manner specified below. Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by RSCCD and/or the PRIME SPONSOR In such a case, the decision shall be reduced to writing and a copy thereof shall be mailed or otherwise furnished to SUBCONTRACTOR. The decision shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, RSCCD receives from SUBCONTRACTOR a written request to appeal said decision. Pending final decision of the appeal, SUBCONTRACTOR shall act in accordance with the written decision of RSCCD or the PRIME SPONSOR, whichever is the final arbiter of the dispute, The handling of non- criminal complaints, including discrimination complaints, and complaints and reports of Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program Grant #15-068-035 Page 4 of 8 20A-6 Sub Agreement between ASCCD and City of5anta Ana criminal fraud, waste and abuse shall be as prescribed by the State of California, and/or the PRIME SPONSOR, whichever is applicable, in accordance with applicable provisions of the Code of Federal Regulations. 19, Notices All notices, reports and correspondence between the Parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: Rancho Santiago Community College District: Primary Contact: Nilo Lipiz, Dean of Instruction & Student Services Santa Ana College School of Continuing Education Centennial Education Center 2900 W. Edinger Avenue Santa Ana, CA 92704 (714) 241-5724; Lipiz Nilo@sac.edu Fiscal Contact: Peter J, Hardash, Vice Chancellor, Business Operations/Fiscal Services 2323 North Broadway, Ste. 404-1 Santa Ana, CA 92706 (714) 480-7340, Hardash—Peter@rseed.edu SUBCONTRACTOR: City of Santa Ana Primary Contact: Carlos de la Riva, WORK Center Director Community Development Agency, Santa Ana WORK Center 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 (714) 565-2629; cdelariva@sauta-aiia.org Fiscal Contact: Susan Gorospe, Management Analyst 20 Civio Center Plaza Santa Ana, CA 92701 (714) 647-5379; sgorospe@santa-ana.org 20, Unenforceable Provision In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the Parties agree that all other provisions of this Agreement remain in full force and effect and shall not be affected thereby. Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program Grant # 15-068-035 Page 5 of 8 20A-7 Sub -Agreement between RSCCD and City of Santa Arun 21. Waiver Any waiver by RSCCD of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term. Failure on the part of RSCCD to require full, exact, and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms of this Agreement, or stopping RSCCD from enforcing the terms of this Agreement. 22. Severability If any provision in this Agreement is hold by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way. 23, Amendments This Agreement may be modified or revised at any time by the.Parties as long as the amendment is made in writing and signed by an authorized official of both Parties. As the Agreement is contingent upon the availability of funds, and is subject to any additional restrictions, Iimitations, or conditions enacted in the State Budget and/or Executive Orders that may affect the provisions, terms, or funding of this Agreement in any manner, RSCCD may modify this Agreement through an amendment, as needed. SUBCONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. 24. Legal Terms and Conditions This Agreement will be implemented in accordance with the conditions defined in the Grant Agreement, RFA Specifications and the Grant Agreement Legal Terms and Conditions (Articles I, eff. 05/2015 and Article II, eff. 05/2014), as set forth and incorporated into this Agreement by reference, As the Grant is contingent upon the availability of funds, and is subject to any additional restrictions, limitations, or conditions enacted in the State Budget and/or Executive Orders that may affect the provisions, terms, or funding of this Agreement in any manner, RSCCD may modify this Agreement through an amendment, as needed. SUBCONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. [NOTE: Articles I and 11 (Exhibit C) serve as a reference for the general Grant terms and conditions. The payment and reporting terms in the Articles pertain only to RSCCD. The payment terms and reporting requirements for the SUBCONTRACTOR are in this Agreement under Articles 5. "Payment" and 7. "Reporting".) 25. Assurances By signing this Agreement, the Parties certify they will comply with the Grant Legal Terms and Conditions as outlined in Article I and Article II provided by the California Community Colleges Chancellor's Off ce, as set forth and incorporated into this Agreement by reference. By signing this Agreement, the Parties certify they will comply with state and federal requirements for Standards of Conduct, Workers' Compensation Insurance, Participation in Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program Grant #15-068-035 Page 6 of 8 20A-8 Sub Agreement between RSCCD and City ojSanta Ana Grant -Funded Activities, Non -Discrimination, Accessibility for Persons with Disabilities, Drug -Free Workplace Certification, Intellectual Property, and Debarment and Suspension, and will adhere to these legal standards and requirements in the performance of work related to this Agreement. 26. Total Agreement This Agreement, together with the attachments hereto, expresses the total understanding of both Parties. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. No change, modification, extension, termination or waiver of this Agreement, or any of the provisions herein contained, shall be valid unless made in writing and signed by duly authorized representatives of the Parties hereto. SUBCONTRACTOR acknowledges that it has read and agrees to all terms and conditions included in this Agreement. IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the terms and conditions contained herein and have caused this Agreement to be executed as of the day that both Parties have signed the Agreement. RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT M Name: Peter J. Hardash SUBCONTRACTOR: City of Santa Ana 0 Name: Vice Chancellor Title: Business Operations/Fiscal Services Title: Date: Date: Board Approval Date: October9,2017 FatpmoyurcaxpayvtdmaneonooNamm,u(etN) AS TO FORM Attorney Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program Grant # 15-068-035 Page 7 of 8 20A-9 Sub -Agreement between RSCCD and City of Santa Ana List of Exhibits Exhibit A: Scope of Work Exhibit B: Project Budget Exhibit C: Legal Terms and Conditions (Articles I and Article In Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program Grant 415-068-035 Page 8 0£8 20A-10 Sub Agreement between RSCCD and City of Santa Ana Ex]tibit A CITY OF SANTA ANA SCOPE OF WORK BACKGROUND For over 20 years, the City of Santa Ana's WORIC Center has demonstrated its abilities in designing, implementing and managing a fall array of workforce development programs to area residents. In 1996, the City of Santa Ana further expanded its services by opening the Santa Ana W/O/R/K Center and later partnering with various agencies, including the State Employment Development Department, Orange County Social Services Agency, Department of Rehabilitation, Rancho Santiago Community College District, Goodwill Industry and commtmlty-based organizations to ensure a comprehensive and integrated service delivery in a One -Stop environment These services have benefited youth, adults, dislocated workers, and families on -aid. In response to the Workforce Innovation and Opportunity Act's (WIOA) vision, the WORK Center is taking a leadership role by broadening and strengthening the current network of partnerships. WIOA's centerpiece to build a better aligned workforce system is a more holistic approach to the programs, especially the Title I programs and the Title II adult basic education program. There are numerous instances where WIOA either requires or facilitates better coordination between these programs. The WORK Center's primary role is to bridge gaps and coordinate services among such partners to ensure that job seekers are provided comprehensive services, including participant co -enrollment. PLANNED APPROACH The Santa Ana WORK Center, will assume the responsibility to Insure that WIOA eligible students enrolled at Santa Ana College eligible participants receive needed WIOA services. These services may include 0110 or more of the following services: 1., Comprehensive Assessment: This activity is designed to determine the skills, interests, abilities, educational requirements and supportive service needs for the participants, The assessment will be the basis for the development of an Individual Employment Plan (1EP) that will outline the strategies required for success in the program. 2, Counseling/Case Management: This activity will insure that each participant receives individualized attention during all aspects of the project. The Case Manager will act as liaison with the training provider, supportive services providers and other agencies to insure that the participant successfully completes training. The Case Manager will evaluate the, perhaps, differing needs of the incumbent workers and dislocated workers participating in this project. 3, Supportive Services: As part of the IEP, supportive services will be identified and the participant will receive assistance in those services. Supportive services include but not limited to, transportation assistance, clothing assistance, assistance with tool purchases or testing fees. 4. Job Development/Job Creation: The Employer Services team will interact, with the local business community. The goal is to insure that sufficient employment opportunities are created for WIOA eligible students who are co -enroll in this program. Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program Grant #15-068-035 Page 1 of 1 20A-11 Sub -Agreement between RSCCD and City of Santa Ana PROJECT BUDGET Exhl4it 13 Administrative Cost (Not to Exceed 10%) Personnel 5alarhS, 41. I Workforce Speciallst II -.50 FTE Total Program Cost $37 ggS,Op Match/In Kind -. 1Sr. Special Employment 'Counselor+ATE $15,605.00 So Sr.pSpecial Employment Counselor PTE $15,605.00 Ja, pfJu i . Y jJ 1 Workforce Specialist II -.50 FTE $15,154.00 1 Sr. Special Employment Counselor -PTE $1,130:00 1 Sr, Special Employment Counselor PTE $1,130.00 Tatal:PeraonriI S[arJe5 &i enefits "' _; $0 00..'; , ;585;509'00 w Rent $0.00 Utilities $0.00 Phones $0.20 Internet Pees $0.00 Parking fees $0,00 Security $0.00 IT Maintenance $0.00 insurance _ $0.00 Equipment rental fees* $0.00 Equipment rental fees* $0.00 Vehicle lease* $0.00 Office expenses (consumables) $0.00 Accounting Services $0.00 Legal Services $0.00 Auditing Services $0.00 Indirect Cost* $5,397.00 Staff Training $0.00 Staff Conferences $0.00 Roadtrlp'Nation - Youth Program $0,00 Participant Wages* $0.00 Supportive Services* $0.00 ParticipantIncentives* $0,00 Youth Conferences som Total DperatmgyExpgtlses . r .. $Ot00 ": $5;39700 ;$OAQ C7ii{Ai�PTOTALjper dnn$If Opgratlnsj ' a" >' -"- $0 pp '.'�' Y$9006,OQ Agreement f1DO-17-2058-01 Basic Skills Student Outcomes Transformation Program Grant #15-068-035 Page I of l 20A-12 Exhibit C Chancellor's Office, California Community Colleges ARTICLE (For VTEA, FII and other grants commencing July 1st) (Effective May 2015) Community Colleges Basic Skills and Student Outcomes Transformation Program Program -Specific Legal Terms and Conditions ARTICLE 11 Standard Legal Terms and Conditions (Effective May 2014) Agreement #DO -17-2058-01 Basic Skills & Student Outcomes Transformation Program Grant#15-068.035 Page 1 of 1 20A-13 20A-14