ALAMEDA
1 COUNT
DEVEOARMENT
May 26, 2023
Tamara Walker
Richmond WDB Director
Richmond Workforce Development Board
330 25th Street
Richmond, CA 94804
SUBJECT: CONTRACT PACKAGE - P2E 2.0 Grant Services
Dear Ms. Walker:
Enclosed is the contract package for the P2E 2.0 Grant Services. Specific instructions and a description of the exhibits are provided. You will also receive an electronic version of all the contract documents via e-mail.
Please review all the attachments to ensure that your organization is in agreement with the information provided. As your Contract Liaison, I will make myself available to you for any technical assistance in completing the contract package documents should you require assistance. Please submit all completed contract documents to:
Alameda County Workforce Development Board
Attn: Irene Wu
24100 Amador Street, 6th Floor (Rm.610c)
Hayward, CA 94544-1203
If you have any questions, please contact me at (510) 259-3884.
Sincerely,
Irene Wu
Program Financial Specialist
Enclosures
24100 Amador Street, 6th Floor, Room 610c, Hayward, CA 94544 • 510 259-3842•Fax 259-3845 Attachment -Contract Package
CONTENTS AND INSTRUCTIONS FOR THE CONTRACT PACKAGE
Following is a list of documents included in the contract package. The documents HIGHLIGHTED IN YELLOW below require special attention that may require information to be filled in and/or require original signatures by your authorized signatory in blue ink:
Contract Document Action Required
Questionnaire Original signature is required on four (4) copies of the questionnaire and must be signed by your organization's authorized signatory
Standard Services Agreement (General Terms Original signature is required on four (4) copies of the agreement and Conditions) and must be signed by your organization's authorized signatory Exhibit A - Definition of Services Page 21, bullet item N: Provide Key Personnel and subcontractors information in the grid
Exhibit B, B-1 - Payment Terms / Prison-to None
Employment Grants
Exhibit C- Insurance Requirements Certificate(s) of Insurance with required additional insured must be provided
Exhibit D - Debarment & Suspension Original signature is required on four (4) copies of the form and Certification must be signed by your organization's authorized signatory Exhibit F - Audit Requirements None
Exhibit G -Prison to Employment 2.0 Special None
Conditions
Exhibit G-1 - Certification Regarding Lobbying Original signature is required on four (4) copies of the form and Activities - must be signed by your organization's authorized signatory Attachment A - Language Access None
Minutes of your Board Meeting Approving Submit copy
Funds & Contract
If your agency Identified Signatory for contracts has changed, your agency must have a Board Resolution Authorizing the person to sign contracts on behalf of the agency. The resolution must be attached to the packet.
CONTRACT SUBMISSION AND PROCESSING
1. Return the packet along with the requested information and required number of signatory pages as soon as administratively possible.
2. Once received, ACWDB will compile the documents and the contracts with original signatures will be forwarded to the County of Alameda Board of Supervisors for final approval and will be distributed as follows:
• SSA Contracts Unit
Contractor
WDB Department (2 copies)
24100 Amador Street, 6th Floor, Room 610c, Hayward, CA 94544 • 510 259-3842•Fax 259-3845 Procurement Contract No. 25369
CALIFORNIA
COUNTY OF ALAMEDA
STANDARD SERVICES AGREEMENT
This Agreement, dated as of July 1, 2023, is by and between the Alameda County Workforce Development Board hereinafter referred to as the "County", and the Richmond Workforce Development Board, hereinafter referred to as the "Contractor".
WITNESSETH
Whereas, County desires to obtain workforce development services which are more fully described in Exhibit A hereto ("Prison to Employment (P2E) 2.0 Grant Services"); and Whereas, Contractor is professionally qualified to provide such services and is willing to provide same to County; and
Now, therefore it is agreed that County does hereby retain Contractor to provide Prison to Employment 2.0 Grant Services, and Contractor accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, the Additional Provisions attached hereto, and the following described exhibits, all of which are incorporated into this Agreement by this reference:
Exhibit A Definition of Services
Exhibit A-1 Participant Plans/Work Plans
Exhibit B Payment Terms
Exhibit B-1 Prison to Employment Grants
Exhibit C Insurance Requirements
Exhibit D Debarment and Suspension Certification
Exhibit E Contract Compliance Reporting Requirements
Exhibit F Audit Requirements
Exhibit G Prison to Employment Special Conditions
Exhibit G-1 Lobbying
Exhibit O Intentionally Omitted
Attachment A Language Access
The term of this Agreement shall be from July 1, 2023 through December 31, 2025.
The compensation payable to Contractor hereunder shall not exceed one hundred twenty- two thousand, nine hundred and one dollar, and twenty-four cents ($122,901.24) for the term of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
COUNTY OF ALAMEDA RICHMOND WORKFORCE
DEVELOPMENT BOARD
By:_ By:_
Signature Signature
Name: Nate Miley Name: Shasa Curl
Title: President, County of Alameda Title: City Manager Board of Supervisors
Date:
Approved as to Form:
Donna R. Ziegler, County Counsel
By signing above, signatory warrants
and represents that he/she executed this
Agreement in his/her authorized
By: capacity and that by his/her signature on
County Counsel Signature this Agreement, he/she or the entity upon behalf of which he/she acted,
executed this Agreement
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
COUNTY OF ALAMEDA RICHMOND WORKFORCE
DEVELOPMENT BOARD
By:_ By:_
Signature Signature
Name: Detra Dillon Name: Shasa Curl
Title: Procurement Administrator Title: City Manager
Date:
and represents that he/she executed this
Agreement in his/her authorized
ALAMEDA
Procurement Contract No. 25369
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GENERAL TERMS AND CONDITIONS
INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor. Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.
Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor's failure to pay such amounts.
In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County.
Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned.
Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two week's notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments.
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INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively "Liabilities") except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee. The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees' Retirement Association (ACERA) or California Public Employees' Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County.
3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C shall be considered an additional insured or loss payee if applicable. All of Contractor's available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement.
Contractor's insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self-insurance) available to County.
Contractor's excess and umbrella insurance shall also apply on a primary and non- contributory basis for the benefit of the County before County's own insurance policy or self-insurance shall be called upon to protect it as a named insured.
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COUNTY ALAMED
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4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.
5. WORKERS' COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.
6. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor's failures to comply with such laws, ordinances, codes and regulations. b. Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor's performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub-Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved.
C. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public
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safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident.
DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).
a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency;
(2) Shall not knowingly enter any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.
PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto.
TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement.
10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole responsibility of the Contractor.
11. OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals, plans, specification, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement, whether prepared by the County, the Contractor, the Contractor's sub-Contractors or third parties at the request of the Contractor (collectively, "Documents and Materials"). This explicitly includes the electronic copies of all above stated documentation.
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Contractor also hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including electronic copies stored in Contractor's Information System, respecting in any way the subject matter of this Agreement.
Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of said Documents and Materials. Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials. The County's rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor's services as set forth in Exhibit "A" of this Agreement have been fully performed or paid for.
In Contractor's contracts with other Contractors, Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and license rights as to that Contractor's Documents and Materials. Contractor agrees to defend, indemnify, and hold the County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors and/or Sub- Contractors.
Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit "A", and shall defend, indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection. The County's rights under this Paragraph 11 shall not extend to any computer software used to create such Documents and Materials.
12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County.
The Contractor agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this
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COUNTY ALAMEDA
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Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 13 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder.
13. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are effective on delivery.
First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail:
When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission:
When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To County: Alameda County Workforce Development Board
24100 Amador Street - Room 610C
Hayward, California 94544
Attn: Rhonda Boykin
To Contractor: Richmond Workforce Development Board
330 25th Street
Richmond, CA - 94804
Attn: Tamara Walker
COUNTY OF ALAMED
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Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement.
14. USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement.
15. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS:
Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. b. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor.
C. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
Contractor shall recruit vigorously and encourage minority - and women- owned businesses to bid its subcontracts.
e. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.
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f. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.
16. DRUG-FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this Agreement.
17. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor.
The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor's books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County further reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later.
18. DOCUMENTS AND MATERIALS: Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement,
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all Documents and Materials, as defined in Paragraph 11 of this Agreement.
Contractor's obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County), and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for three (3) years following the County's last payment to Contractor under this Agreement.
19. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
20. TERMINATION: The County has and reserves the right to suspend, terminate, or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor's work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its workforce development services shall not exceed $122,901.24 one hundred twenty-two thousand, nine hundred and one dollar, and twenty- four cents) in payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.
21. SMALL, LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION:
Intentionally deleted.
22. FIRST SOURCE PROGRAM: For contracts over $100,000, Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public.
23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California.
24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
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25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties.
26. HEADINGS herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.
27. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance.
28. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.
29. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor's performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County's request and shall thereafter diligently commence and fully perform such written plan.
Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.
30. SUBCONTRACTING/ASSIGNMENT: Contractor shall not subcontract, assign, or delegate any portion of this Agreement or any duties or obligations hereunder without the County's prior written approval.
a. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void.
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Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County's prior written approval.
C. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including, without limitation, Exhibit C. Contractor shall verify subcontractor's compliance.
d. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.
31. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 12), shall survive termination or expiration.
32. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
33. PATENT AND COPYRIGHT INDEMNITY: Contractor represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software ("Contractor Products") provided to County under this Agreement infringe any patent, copyright or other proprietary right. Contractor shall defend, indemnify and hold harmless County of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, "Losses") arising out of or in connection with an assertion that any Contractor Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. County will: (1) notify Contractor promptly of such claim, suit, or assertion; (2) permit Contractor to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable Contractor to do so.
Contractor shall not agree without County's prior written consent, to any settlement, which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products. a. If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County, County may defend itself and/or settle such proceeding, and Contractor shall pay to County any and all losses, damages and expenses (including attorney's fees and costs)
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incurred in relationship with County's defense and/or settlement of such proceeding.
In the case of any such claim of infringement, Contractor shall either, at its option, (1) procure for County the right to continue using the Contractor Products; or (2) replace or modify the Contractor Products so that that they become non-infringing, but equivalent in functionality and performance. c. Notwithstanding this Section 33, County retains the right and ability to defend itself, at its own expense, against any claims that Contractor Products infringe any patent, copyright, or other intellectual property right.
34. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency.
35. EXTENSION: This agreement may be extended for up to two additional years by mutual agreement of the County and Contractor.
36. SIGNATORY: By signing this agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement
[END OF GENERAL TERMS AND CONDITIONS]
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ADDITIONAL PROVISIONS
Delete #35, General Terms and Conditions, and replace with the following:
35. RENEWAL: This Agreement may be renewed for up to two additional years dependent upon successful performance results and availability of Prison to Employment 2.0 funding.
Amend #2 General Terms and Conditions
INDEMNIFICATION BY COUNTY: To the fullest extent permitted by law, County shall hold harmless, defend and indemnity the Contractor, its City Council,, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively "Liabilities") except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee. The Contractor may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to Contractor, including defense costs, and shall not be limited by any insurance limits.
In the event that County or any employee, agent, or subcontractor of County providing services under this Agreement is determined by a court of competent jurisdiction or California Public Employees' Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Contractor, County shall indemnify, defend, and hold harmless Contractor for the payment of any employee and/or employer contributions for PERS benefits on behalf of County or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Contractor.
County Counsel Signature:
Procurement Contract No. 25369
CALIFORNIA
COVANT OF ALAMED
Procurement Contract No. 25369
CALIFORNIA
EXHIBIT A
DEFINITION OF SERVICES
I. Overview. The Alameda County Workforce Development Board (ACWDB) was awarded $639,758.12 for the East Bay Regional Planning Unit (EBRU) Prison to Employment 2.0 (P2E) Grant. The EBRPU includes the Workforce Development Boards of Alameda County, Contra Costa County, the City of Richmond, and the City of Oakland, as established by the federal Workforce Innovation and Opportunity Act (WIOA) and designated by the California Workforce Development Board. Funding for the P2E 2.0 Grant was awarded by the State Workforce Development Board to ACWDB to provide continued resources to regional plans that advance the goals of the state board's strategic plan and build workforce system infrastructure and capacity through collaboration, innovation, and sustainability.
The goal of this funding and related activities is to enable the EBRPU, ACWDB, and the regional network of partners to implement reentry services in coordination with other stakeholders in order to provide high-quality and effective workforce services to the reentry population. ACWDB will serve as the fiscal agent for delivery of services under this grant. The Richmond Workforce Development Board (Contractor) is a required partner, and as part of the EBRPU that have a long history of collaboration that seeks to align services and leverage workforce resources across the region.
II. Purpose. The purpose of this Agreement is to set forth the respective roles and responsibilities of Contractor and ACWDB in the provision of P2E 2.0 Grant services.
Ill. Program Name. Prison to Employment 2.0 Grant
IV. Contractor Obligations. Contractor will develop and implement a program delivery strategy that, at a minimum, will provide justice involved and reentry individuals with a broad array of coordinated services appropriate for program participants:
A. Eligibility& Enrollment. Contractor will determine participant eligibility for the P2E 2.0 Initiative, in accordance with eligibility requirement and guidelines.
Contractor will ensure that all required eligibility documentation is completed and received prior to participant enrollment.
B. Case Management. Contractor will provide comprehensive case management services to P2E 2.0 Grant program participants throughout their enrollment in program activities.
C. Supportive Services. Contractor will ensure that supportive services are available to enrolled program participants who are unable to obtain supportive services through other funding sources.
OF ALAMED
Procurement Contract No. 25369
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D. Training Services. Contractor will determine the appropriateness of training for program participants and refer participants to appropriate training services.
Contractor will ensure that the selection of training services should be conducted in a manner that maximizes customer choice, is linked to in-demand occupations, is informed by the performance of relevant training providers, and is coordinated to the extent possible with other sources of assistance.
E. Participant Case Files. Contractor will maintain complete case files for each program participant in accordance with state requirements. Case files will be stored securely and in full compliance with state and Equal Employment Opportunity (EEO) confidentiality, nondiscrimination and other applicable rules and regulations.
F. Outreach. Contractor will conduct sufficient outreach efforts to achieve stated participant service goals. Contractor will utilize outreach materials translated into other languages to serve its diverse client population.
Alignment with Two-Year Modified Local Plan. Contractor will support applicable strategies in the two-year modified local plan.
H. EBRPU Partnership. Contractor will participate in EBRPU activities including attending designated meetings, using regional systems, policies, and software, and helping to set and monitor regional goals.
I. Tracking & Reporting. Contractor will track and report all required services and activities under this Agreement in the manner and frequency directed by federal, state, or ACWDB policy.
Use of ACWDB Designated Management Information Systems.
Contractor will use the management information systems (MIS) designated by AWDB to track and report activities and services provided under this Agreement. This may require dual entry of data into multiple MIS.
Data Entry. Contractor will enter required service and activity data into ACWDB designated MIS in an accurate, complete, and timely manner. At a minimum, data entry for program services must include Contractor's identifying information and services and must be entered/updated a requentlv as necessarv to maintain timely and accurate participatio records.
ALAMED
Procurement Contract No. 25369
CALIFORNIA
J. Performance. Contractor will provide services under this Agreement to achieve required performance goals, as detailed in Exhibit A-1. Contractor is responsible for achieving the following performance goals under this Agreement:
PY 2023/2024 Contract Performance Goals
BENCHMARKS GOAL
HOW MUCH DID WE DO?
# OF NEW ENROLLMENTS BY 12/31/2025 (Full 10
Enrollment)
# ENROLLMENTS IN TRAINING 4
HOW WELL DID WE DO?
# ENROLLED IN APPRENTICESHIP ACTIVITIES
#COMPLETED TRAINING 2
IS ANYONE BETTER OFF?
# PLACED IN EMPLOYMENT 3
# ACHIEVED PROMOTIONS
# CREDENTIAL ATTAINMENT 2
K. Policies & Procedures. Contractor will comply with all policies and procedures, and any changes necessary, relating to the implementation of the P2E2.0 and with changes in the federal, state, county and/or ACWDB regulations, policies or procedures governing Programs.
L. Prior Approval Requirements. Contractor must obtain prior written approval from ACWDB for: substantive changes to program design or service delivery, subcontracts for consultants, professional or program services; the rental, lease, or purchase of equipment; the purchase of any equipment item with a cost of $5,000 or more; and/or, the rental of office space or property; to be entered into in connection with the performance of this contract.
M. Monitoring. Contractor may be monitored at any time during the term of this Agreement by authorized federal, state, county, or ACWDB personnel. At a minimum, Contractor will be monitored by ACWDB each program year.
Access to Records. Contractor will provide access to any books, documents, papers, and records (including computer records), which are directly pertinent to the administration of this program, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to Contractor and subcontractor staff for the purpose of interviews and discussions related to such documents.
OUNTY OF A LAMED
Procurement Contract No. 25369
CALIFORNA
2. On-site Monitoring. Contractor will participate in required programmatic, fiscal, and EEO monitoring to ensure that services provided under this Agreement are in compliance with applicable rules and regulations.
3. Case File/MIS Review. Contractor's MIS data and participant case files will be reviewed by ACWDB staff on an on-going basis throughout the term of this Agreement. Contractor will produce selected case files upon request by ACWDB.
4. Monitoring of Expenditures. Contractor will submit regular invoices in a timely manner, in accordance with Exhibit B. Contractor's actual expenditures will be reviewed against budget and planned expenditures.
Performance Review. Contractor's progress toward achieving performance goals will be reviewed quarterly by ACWDB staff.
6. Subcontractor Monitoring. Contractor will conduct on-site programmatic and fiscal monitoring at least once each program year of all subcontractors providing program services to enrolled participants.
Contractor is responsible for recording findings and ensuring that any needed corrective action has been taken. Copies of all monitoring reports must be maintained by Contractor and made available for review by ACWDB program and fiscal monitors, and state monitors.
Corrective Action. Contractor will submit a written Corrective Action Plan to ACWDB staff to address any findings and concerns identified during monitoring and/or quarterly performance review. The Corrective Action Plan will include, at a minimum:
Acknowledgement of the identified findings and concerns; b. Written plan for correcting each identified finding and concern; c. Timeline for the corrective action;
Written processes and procedures to ensure that corrected issues are not repeated;
e. Single point of contact information for staff responsible for implementing corrective action.
Corrective Action Plans are due to ACWDB no later than 30 days following written notification of findings and concerns identified during monitoring.
Procurement Contract No. 25369
CALIFORNIA
N. Contractor's project team will consist of the following Key Personnel and subcontractors, as applicable during the contract term:
Name Title Telephone Email Address
Tamara Deputy 510-317-8006 [email protected]
Walker Director, E & T
Gilbert Pete Project 510-307-8018 [email protected] Coordinator
Emmanuel Sr. 510-307-8029 [email protected]
Njome Employment
Program
Specialist
Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County, which shall not be unreasonably withheld. Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement, Contractor shall make a good faith effort to present to the County, an individual with greater or equal qualifications as a replacement subject to County's approval, which shall not be unreasonably withheld.
V. ACWDB Obligations. ACWDB will oversee the delivery and performance of Contractor's obligations under this Agreement.
A. Liaison with Funding Agencies. ACWDB will be the single point of contact with federal, state, and local funding agencies for all written and verbal communication regarding services provided under this Agreement.
B. Policies & Procedures. ACWDB will develop and issue ACWDB Action Bulletins and ACWDB Information Bulletins that serve to notify Contractor of new or amended federal, state, or local regulations. All current ACWDB Action Bulletins and ACWDB Information Bulletins can be found on the ACWDB website acwdb.org.
C. Training & Technical Assistance. ACWDB will provide regular training and technical assistance to Contractor regarding MIS, data entry, and case file management. Additional technical assistance will be provided at ACWDB discretion, or upon request by Contractor.
PRISON TO EMPLOYMENT (PE) 2.0 PARTICIPANT PLAN
EAST BAY WORKS REGIONAL PLANNING UNIT
RICHMOND WORKFORCE DEVELOPMENT BOARD (WDB)
Exhibit A1
Richmond P2E 2.0 Goals
QUARTER & QUARTER END DATE / GOALS
Q1 Q2 Q3 04 05 Q6 Q7 08 Q9 Q10
Measure 9/30/2023 12/31/2023 3/31/2024 1 6/30/2024 9/30/2024 12/31/2024 3/31/2025 6/30/2025 9/30/2025 12/31/2025 TOTALS Active @ Qtr Start N/A
New Enrollments 10
Participants Exited m
Active @Qtr End N/A
Enrolled in Trng
Completed Trng
Credential
Plo Post-Sec Ed
• -
Plc Apprentice
Plc Promotion H
H O
Plc Employment m
Exhibit A-1 Prison to Employment 2.0 Grant
Form: Work Plan
ALIFORNIA
> Workforce Development Board
Region Name: Richmond Workforce Development Board
Lead Applicant: Alameda County Workforce Development Board Objectives/Activities Estimated Dates
Quarter 1 (Jul - Sep 2023)
Release On Call RFP Jul - Sep 2023
Follow up meeting with P2E partners to confirms roles and responsibilities Quarter 2 (Oct - Dec 2023)
Meet with On Call providers to develop scope of work Oct - Dec 2023 Develop MOU with partnering agencies
Establish referral process
Begin outreach and recruitment
Attend P2E partner meeting
Quarter 3 (Jan - Mar 2024)
Conduct outreach and recruitment Jan - Mar 2024
Facilitate program enrollment and case management
Recruit, assess, and enroll P2E 2.0 participants
Provide Narrative Reporting
Quarter 4 (Apr - Jun 2024)
Special population business development and engagement Apr - June 2024 Enrollment of participant in academic program and workforce training Attend P2E partner meeting
Quarter 5 (Jul - Sep 2024)
Provide placement of participant in employment Jul - Sep 2024 Conduct program evaluation
Provide Narrative Reporting
Quarter 6 (Oct - Dec 2024)
Identify and develop transitional employment and work experience Oct - Dec 2024 Provide case managment, follow up, and support for all participants Meet with educational partners to develop academic program and workforce partners
Quarter 7 (Jan - Mar 2025)
Provide case managment, follow up, and support for all participants Jan - Mar 2025 Recruit, assess, and enroll P2E participants
Attend P2E partner meeting
Quarter 8 (Apr - Jun 2025)
Attend meeting with P2E partners to review project plan Apr - Jun 2025 Provide case managment, follow up, and support for all participants Provide Narrative Reporting
Quarter 9 (Jul - Sep 2025)
Attend meeting with P2E partners Jul - Sep 2025
Provide case managment, follow up, and support for all participants Quarter 10 (Oct - Dec 2025)
Printed: 12/19/2023 @ 1:09 PM
PRISON to EAST BAY REGIONAL PLANNING UNIT
EMPLOYMENT2.0 PRISON TO EMPLOYMENT 2.0
Project Organizational Chart EASTBAY Works
P2E 2.0 Leadership Team Rhonda Boykin
Rhonda Boykin, Alameda County Director
Sofia Navarro, Oakland
• Tamia Brown, Contra Costa County
• Tamara Walker, Richmond Michael Katz CWDB (Manny)
Regional [email protected]
Coordinator
Program Fiscal MIS
PROJECT LEADS
AMEDA
Workforce
Irene Wu Jennifer Mitchell Michele Garcia
Verneda Clapp Debbie Rodriguez Jon Rodriguez
Worktorce Charles Brown
Development Board
antra Costa County
Sofia Navarro Mike Wetzel Honorata Lindsay
WDB
RiCHMo IND Emmanuel Njome Tamara Walker Jeff Shoji
WDBE
WDB Staff Leads Email Phone
EBW Michael Katz [email protected] 510.205.5902 Irene Wu [email protected] 510.259.3884
ALA Jennifer Mitchell [email protected] 510.259.3829 Michele G. Garcia [email protected] 510.259.3802
Verneda Clapp [email protected] 925.671.4533
Charles Brown [email protected] 925.671.4536
CCC
Debbie Rodriguez [email protected] 925.671.4532 Jon Rodriguez [email protected] 925.671.4540
Sofia Navarro [email protected] 510.238.3474
OAK Mike Wetzel [email protected] 510.238.3630
Honorata Lindsay [email protected] 510.238.3383
Tamara Walker [email protected] 510.307.8006
RCH Emmanuel Njome [email protected] 510.307.8029 Jeff Shoji [email protected] 510.307.8024
P2E 2.0 EBW Regional Org Chart Rev. 2023.06.20
P2E»
Prison to Employment (PE) 2.0 Reporting Schedule
Project Term = 1/1/2023 through 12/31/2025
Dates account for due dates that may fall on holidays or weekends.
P2E 2.0 is using 6 month reporting periods.
P2E Programmatic reports are all cumulative. Each quarter should include all activity from project begin through the end of the reporting period.
Reporting Reporting for REPORTS DUE:
Period 6-month Period To ACWDB ACWDB To State
(RP) Ending: by or before: by or before:
RP 1 Jun 30, 2023 Wed 7/5/2023 Thursday Jul 20, 2023
RP 2 Dec 31, 2023 Fri 1/5/2024 Friday Jan 19, 2024
RP 3 Jun 30, 2024 Fri 7/5/2024 Friday Jul 19, 2024
RP 4 Dec 31, 2024 Mon 1/6/2025 Monday Jan 20, 2025
RP 5 Jun 30, 2025 Mon 7/7/2025 Friday Jul 18, 2025
RP 6 Dec 31, 2025 Mon 1/5/2026 Tuesday Jan 20, 2026
Please forward reports as follows:
Programmatic Reporting:
To: Michele Garcia; [email protected] / 510.259.3802
and Irene Wu; [email protected] / 510.259.3884
Fiscal/Financial Reporting:
To: Jennifer Mitchell; [email protected] / 510.259.3829 and Irene Wu; [email protected] / 510.259.3884
ALAMEDA
Workforce
DEVELOPMENT
P2E 2.0 Reporting Schedule
Procurement Contract No. 25369
CALIFORNIA
EXHIBIT B
PAYMENT TERMS
County will use its reasonable efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice.
In addition to all terms of payment described in the General Terms and Conditions and any relevant exhibits and attachments, the parties to this Agreement shall abide by the following terms of payment:
Budget
Contractor shall use all payments solely in support of the program budget, set forth as follows:
A. Exhibit B-1: P2E 2.0 Grant
II. Terms and Conditions of Payment
A. Contract Amount/Maximum
1. Total payments to Contractor under this Agreement will not exceed the contract total detailed in Exhibit B-1;
2. Expenditures under this Agreement will tie to identified line-times included in Exhibit B-1; no other line-item costs will be allowed; Expenditures under this Agreement will support allowable activities described in Exhibit A. No services or activities outside the scope of this Agreement will be reimbursed;
B. Budget Revision Procedures
No budget revision/modification request may increase the contract amount/maximum;
2. Contractor may adjust the approved budget by no more than 10% of any line-item without prior approval from ACWDB; any adjustment to the budget that exceeds this 10% line-item allowance requires written prior approval from ACWDB;
Contractor may request a budget revision/modification, in writing, at any time during the term of this Agreement. Requests for budget revision/modifications, including a revised line-item budget and justification should be submitted in writing to the appropriate ACWDB program staff identified in Section III of this Exhibit;
4. Approved budget revision/modifications will be formalized through an administrative amendment to this Agreement.
COUNTE OF ALAMED
Procurement Contract No. 25369
CALIFORNIA
C. Cost Settlement/Final Payment Provisions
The final invoice submitted after the termination of this Agreement shall include all costs incurred in the last month of the contract period and any minor adjustments necessary to account for any previously unreimbursed expenditure.
This provision regarding closeout invoices shall not relieve Contractor of its obligation to report all know adjustments on each monthly invoice, and County shall not be liable for any adjustments that were not reported timely.
E. Conditions of Withholding Payment
1. Payment of invoices by the County is conditional upon receipt of adequate funds from the State of California. County reserves the right to reduce the contract amount/maximum if it does not receive adequate funds from the State of California.
County retains the right to suspend financial assistance, in whole or in part, to protect the integrity of the funds or to ensure proper operation of the program. Failure to meet planned contract performance and/or expenditure goals may result in a reduction of the contract amount/maximum, in accordance with ACWDB policy.
3. Failure to comply with timely audit report submission to ACWDB, as required and described in Exhibit F, may result in suspension of payment to Contractor until all required audit submissions are received by ACWDB.
Ill. Invoicing Procedures
A. Submission of Invoices
1. Contractor will submit an electronic copy of its quarterly invoice, including supporting line-item detail in the required format by the 10" day of the month following the months of service for all expenditures incurred under this Agreement. Electronic copies of invoice and required documentation should be sent via email to Contractor's designated Program Liaison.
Invoices must contain the following elements:
a. Must be on company letterhead that includes name, address, and contact information.
• Document must contain the title Invoice.
C. The date of the invoice.
• A description of services.
e. The date range for services provided.
f. If needed, itemization of any sales tax and delivery/postage charges.
The Purchase Order (PO) number provided by the County.
h. The total amount owed.
i. Remittance instructions/address.
j. A cc indication at the bottom of the invoice with names of people who received courtesy copies.
COUNTY OF
Procurement Contract No. 25369
CALIFORNIA
k. The CEO or Executive Director must be included in the cc.
1. All data as required by your contract.
Upon notification of approval by the Program Liaison, Contractor shall submit original signed invoices (in blue ink) to:
Irene Wu, Program Financial Specialist
Alameda County Workforce Development Board
24100 Amador Street, Room 610C - Hayward, CA 94544
IV. Funding and Reporting Requirements
Payment to Contractor is contingent upon timely receipt of invoice documents and programmatic reporting as described in Exhibit A.
V. Additional Terms and Conditions of Payment
Contractor agrees to the following supplemental Terms and Conditions attached to this Exhibit B.
A. Invoices will be reviewed for approval by the County, within 10 days of receipt from Contractor.
B. Total payment under the terms of this Agreement will not exceed the total contract amount/maximum detailed in Exhibit B-1. This cost includes all taxes and all other charges.
C. Provisional payments may be provided under this Agreement at the sole discretion of the County. Contractor will ensure that no provisional payments made under this Agreement are commingled with any other funds in the possession of or vested in Contractor or to which Contractor is entitled. Any interest earned on said provisional payments shall be treated as program income.
All program income shall remain with Contractor and may be expended under this Agreement until such time as no further program activities are planned by Contractor, at which time any unexpended program income will be returned to County.
D. Upon award of this Agreement by County, County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractor's services hereunder. The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule.
COUNTY OF
Procurement Contract No. 25369
CALIFORNIA
EXHIBIT B-1 Prison to Employment 2.0
Budget Narrative
Contractor Richmond Workforce Development Board
Budget Line Item 1 - Staff Salary and Fringe Benefits Charged to Project List job titles of staff working on project (FTE) Salaries Fringe Benefits Benefits % Total RWDB Case Manager $39,413.00 $19,707.00 50% $59,120.00
35000
Subtotal $39,413.00 $19,707.00 50% $59,120.00
Budget Line Item Narrative Detail Budget Amount
Staff Travel P2E meetings, conferences
3 Operating Expenses
- Rent
- Insurance
- Acoounting (Payroll Services) and Audits
- Consumable Office Supplies
-Printing
- Communications
- Mailing and Delivery
- Dues and Memberships
- Outreach
- Other (Describe
4 Furniture & Equipment
Small Amount of Equipment and Furniture. Pooled
items leass than $5,000 per unit, include cost allocation - $0.00 list name of item, ocst, and quantity
Equipment and Furniture. Greater than $5,000: List
name of item, cost and quantity to be purchased - prior $0.00 approvall required
Leased Equipment. Provide a description of what is
$0.00
being leased, length of time and costs.
5 Consumable Testing & Instructional Materials
6 Training Tuition Payments/Vouchers $0.00
7 On-The-Job Training $0.00
8 Participant Wages & Fringe Benefits
Supportive Services $14,620.75
10 Contractual Services
Subrecipient
12 Indirect Costs $8,193.42
13 Other (describe) $0.00
Total Budget Amount of Awarded Fund $81,934.17
COUNTY OF ALAMED
Procurement Contract No. 25369
CALIFORNIA
EXHIBIT C
COUNTY OF ALAMEDA INSURANCE REQUIREMENTS
CONTRACTORS APPROVED FOR COUNTY INSURANCE COVERAGE
The following Coverages will apply only if Contractor is approved by the County Risk Management and is eligible for coverage under the County's self-insurance and or excess insurance programs.
TYPE OF INSURANCE COVERAGES MINIMUM LIMITS
Commercial General Liability $1,000,000 per claim
County will extend coverage to contractor under its general liability self-insurance program. at the County's expense.
services under this agreement and is subject to exclusions pursuant to the terms of coverage set forth by the County's excess insurance carriers. Coverage includes: Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability.
Automobile Liability State of California Automobile
The contractor is responsible for maintaining automobile liability insurance with minimum limits of Liability for Bodily Injury and no less than that is required by the State of California. If contractor has insurance for an out of state Property Damage license the California minimum limits shall apply. For limits in excess of the contractor's insurance, coverage will be extended under the County's pool/excess insurance policy. Such coverage shall apply to the Contractor only while performing services under this agreement and is subject to exclusions pursuant to the terms of coverage set forth by the County's excess insurance carriers.
Note: Contractor's own vehicle physical damage is not covered.
C Professional Liability/Errors & Omissions $1,000,000 per claim County will extend coverage to contractor under its professional liability and/or medical malpractice liability self-insurance program. Coverage will also be extended under the County's pool/excess insurance policy. Such coverage shall apply to the Contractor only while performing services under this agreement and is subject to exclusions pursuant to the terms of coverage set forth by the County's excess insurance carriers
D Terms and Conditions:
1. CONTRACTOR shall immediately notify the Agency Director and Risk Manager and of any incident, which may result in a claim or suit filed against the County. Contractor shall provide a written report within 24 hours of any such occurrence.
2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement.
3. County shall notify Contractor 30 days prior to any change, modification, or cancellation in coverage limits, conditions, or terms. Nothing in this agreement shall prohibit or mandate the County's participation in any insurance authority or other risk-sharing group.
4. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties. Pursuant to the provisions of this Agreement, insurance effected or procured by the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties.
5. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A:VIl or equivalent, with deductible amounts acceptable to the County. Acceptance of Contractor's insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self- insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.
6. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation.
7. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance page(s), in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to the Department/Agency issuing the contract Certificate C-17a Form 2001-1 (Rev.1/16/14)
CERTIFICATE NO. ISSUE DATE
WC-5992 CERTIFICATE OF COVERAGE 11/29/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO PUBLIC RISK INNOVATION, RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS
SOLUTIONS, AND MANAGEMENT CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER
CIO ALLIANT INSURANCE SERVICES, INC.
18100 VON KARMAN AVENUE, 10TH FLOOR IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the IRVINE, CA 92612 Memorandums of Coverage must be endorsed. A statement on this certificate does not confel rights to the certificate holder in lieu of such endorsements) PHONE (949) 756-0271 / FAX (619) 699-0901
LICENSE #OC36861 COVERAGE
AFFORDED BY: A - See attached schedule of insurers
COVERAG
CITY OF RICHMOND FFORDED BY• E
ATTN: LAURA MARQUEZ
OVERAGI
RICHMOND, CAR LAZA AFFORDED BY: (
OVERAGI
AFFORDED BY: L
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER
NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR THER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDE
Y THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS O SUCH MEMORANDUMS AND POLICIES.
CO TYPE OF COVERAGE MEMORANDUM/ COVERADATEFECTIVE COVERA AXPIRATION LIABILITY LIMITS
LTR POLICY NUMBER
A EXCESS WORKERS See attached 07/01/2023 07/01/2024 WORKERS' COMPENSATION:
COMPENSATION & Schedule of Insurers Difference between
EMPLOYER'S LIABILITY for policy numbers statutory and Member:
750,000 Retentior
EMPLOYERS' LIABILITY:
Retention
LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BETWEEN CITY OF RICHMOND AND ALAMEDA COUNTY WORKFORCE DEVELOPMENT BOARD TO OBTAIN WORKFORCE DEVELOPMENT SERVICES FOR "PRISON-TO-EMPLOYMENT" IMPLEMENTATION GRANT SERVICES.
Cancellation
Certificate Holder
ALAMEDA COUNTY WORKFORCE DEVELOPMENT BOARD
ATTN: PATTI CASTRO AUTHORIZED REPRESENTATIVE
24100 AMADOR ST, ROOM 610C
HAYWARD, CA 94544
Gina Dear
Public Risk Innovation, Solutions, and Management
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
EXCESS WORKERS' COMPENSATION PROGRAM
2023/2024 SCHEDULE OF INSURERS
CITY OF RICHMOND
PROVIDER MEMORANDUM/ LIMIT
POLICY NUMBER
Public Risk Innovation, Solutions, PRISM PE 23 EWC 126 Workers' Compensation:
and Management $50,000,000 each accident/each employee
for disease
(Difference between $50,000,000 and the
individual member's retention)
Employers' Liability:
$5,000,000 each accident/each employee
for disease
(Difference between $5,000,000 and the
individual member's retention)
Liberty Insurance Corporation EW7-64N-444785-013 Statutory each accident/each employee for disease excess of
$50,000,000
RISK MANAGEMENT DEPARTMENT City ci
Bichmon
LETTER OF SELF INSURANCE
December 13, 2023
To whom it may concern:
The City of Richmond is self-insured for its General Liability program (including automotive, professional liability and builders' risk coverages) with a self-insured retention of $750,000. The City participates in a Joint Powers Authority for coverage above the $750,000 self-insured retention.
Additionally, the City of Richmond is permissibly self-insured for Workers' Compensation in accordance with Certificate of Consent to Self-Insure, Number 7154, issued by the State of California, Department of Industrial Relations.
Please contact the undersigned should further information be required.
Sincerely,
Digitally signed by Laura Marquez
Laura DN: cn=Laura Marquez, o=City of
Richmond, ou,
[email protected]
Marquez d.ca.us, c=US
Date: 2023.12.13 17:02:04-08'00'
Laura Marquez
Risk Manager
(510) 620-6974
450 Civic Center Plaza, Suite 310, Richmond, CA 94804-1630 Telephone: (510) 620-6974 Fax: (510) 620-6811 www.ci.richmond.ca.us OF
COUNTY PLANESE
Procurement Contract No. 25369
CALIFORNI
EXHIBIT D
DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000) The contractor, under penalty of perjury, certifies that, except as noted below, the contractor, its principals, and any named and unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space or attach an additional page.
Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the contracting process.
By signing this contract and Exhibit D, Debarment and Suspension Certification, the Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to: 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
CONTRACTOR: (Agency Richmond Workforce Development Board name)
NAME: TITLE:
SIGNATURE: DATE:
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BFI Waste Services, LLC Active Registration Entity
Unique Entity ID CAGE Code Physical Address Expiration Date H7DKFL2QB2F1 33JE2 2490 CHARLES CITY Nov 27, 2024
RD, RICHMOND, VA
23231 USA
Purpose of Registration
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Montrose Upholstery And Glass Inc Inactive Registration Entity Unique Entity ID CAGE Code Physical Address Expiration Date Procurement Contract No. 25369
CALIFORNIA
EXHIBIT F
AUDIT REQUIREMENTS
The County contracts with various organizations to carry out programs mandated by the Federal and State governments or sponsored by the Board of Supervisors. Under the Single Audit Act Amendments of 1996 (31 U.S.C.A. §§ 7501-7507) and Board policy, the County has the responsibility to determine whether organizations receiving funds through the County have spent them in accordance with applicable laws, regulations, contract terms, and grant agreements. To this end, effective with the first fiscal year beginning on and after December 26, 2014, the following are required.
I. AUDIT REQUIREMENTS
A. Funds from Federal Sources:
1. Non-Federal entities which are determined to be sub-recipients by the supervising department according to 2 CFR § 200.330 and which expend annual Federal awards in the amount specified in 2 CFR § 200.501 are required to have a single audit performed in accordance with 2 CFR § 200.514.
2. When a non-Federal entity expends annual Federal awards in the amount specified in 2 CFR § 200.501(a) under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or terms and conditions of the Federal award do not require a financial statement audit of the auditee, the non-Federal entity may elect to have a program-specific audit conducted in accordance with 2 CFR § 200.507 (Program Specific Audits).
3. Non-Federal entities which expend annual Federal awards less than the amount specified in 2 CFR § 200.501(d) are exempt from the single audit requirements for that year except that the County may require a limited-scope audit in accordance with 2 CFR § 200.503(c).
B. Funds from All Sources:
Non-Federal entities which expend annual funds from any source (Federal, State, County, etc.) through the County in an amount of:
1. $100,000 or more must have a financial audit in accordance with the U.S.
Comptroller General's Generally Accepted Government Auditing Standards (GAGAS) covering all County programs.
2. Less than $100,000 are exempt from these audit requirements except as otherwise noted in the contract.
Procurement Contract No. 25369
CALIFORNIA
Non-Federal entities that are required to have or choose to do a single audit in accordance with 2 CFR Subpart F, Audit Requirements are not required to have a financial audit in the same year. However, Non-Federal entities that are required to have a financial audit may also be required to have a limited-scope audit in the same year.
C. General Requirements for All Audits:
1. All audits must be conducted in accordance with Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States (GAGAS).
2. All audits must be conducted annually, except for biennial audits authorized by 2 CFR § 200.504 and where specifically allowed otherwise by laws, regulations, or County policy.
contract period, and amount expended during the fiscal year by funding source. An exhibit number must be included when applicable.
4. If a funding source has more stringent and specific audit requirements, these requirements must prevail over those described above.
II. AUDIT REPORTS
A. For Single Audits
1. Within the earlier of 30 calendar days after receipt of the auditor's report or nine months after the end of the audit period, the auditee must electronically submit to the Federal Audit Clearinghouse (FAC) the data collection form described in 2 CFR § 200.512(b) and the reporting package described in 2 CFR § 200.512(c). The auditee and auditors must ensure that the reporting package does not include protected personally identifiable information. The FAC will make the reporting package and the data collection form available on a web site and all Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the FAC. As required by 2 CFR § 200.512(a)(2), unless restricted by Federal statutes or regulations, the auditee must make copies available for public inspection.
2. A notice of the audit report issuance along with two copies of the management letter with its corresponding response should be sent to the County supervising department within ten calendar days after it is submitted to the FAC. The County supervising department is responsible for forwarding a copy of the audit
Procurement Contract No. 25369
CALIFORNIA
report, management letter, and corresponding responses to the County Auditor within one week of receipt.
B. For Audits other than Single Audits
At least two copies of the audit report package, including all attachments and any management letter with its corresponding response, should be sent to the County supervising department within six months after the end of the audit year, or other time frame as specified by the department. The County supervising department is responsible for forwarding a copy of the audit report package to the County Auditor within one week of receipt.
In addition, one complete copy of the audit report package, including all attachments and any management letter with its corresponding response, should be sent to: Alameda County Workforce Development Board, Attention: Fiscal Manager - 24100 Amador Street, Suite 610C, Hayward, CA 94544.
Ill. AUDIT RESOLUTION
Within 30 days of issuance of the audit report, the entity must submit to its County supervising department a corrective action plan consistent with 2 CFR § 200.511(c) to address each audit finding included in the current year auditor's report.
Questioned costs and disallowed costs must be resolved according to procedures established by the County in the Contract Administration Manual. The County supervising department will follow up on the implementation of the corrective action plan as it pertains to County programs.
IV. ADDITIONAL AUDIT WORK
The County, the state, or federal agencies may conduct additional audits or reviews to carry out their regulatory responsibilities. To the extent possible, these audits and reviews will rely on the audit work already performed under the audit requirements listed above.
Procurement Contract No. 25369
CALIFORNIA
EXHIBIT G
Prison to Employment 2.0 Grant-Special Conditions
I. COMPLIANCE
In performance of this Agreement, Contractor will fully comply with:
A. The provisions of the California Workforce Development Board (WDB) equest for Application No Per 2 ales at reto
irectives. po
B. All State legislation and regulations and all policies, directives and/or procedures, which implement the P2E 2.0 Grant.
C. Contractor will ensure diligence in managing programs under this Agreement, including performing appropriate monitoring activities and taking prompt corrective action against known violations.
II. FUNDING
It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement was executed after that determination was made.
A. This Agreement is valid and enforceable only if:
Sufficient funds are made available by the approved Alameda County Workforce Development Board (ACWDB) budget for the appropriate fiscal year, and
Sufficient funds are made available by the State Budget Act of the appropriate state fiscal years covered by this Agreement for the purposes of this program, and
Sufficient funds are made available to the state by the United States Government for the fiscal years covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress and Legislature or any statute enacted by the Congress and Legislature which may affect the provisions, terms, or funding of this Agreement in any manner.
B. At the expiration of the terms of this Agreement or upon termination prior to the expiration of this Agreement, funds not obligated for the purpose of this Agreement will be immediately remitted to ACWDB, and no longer available to the Contractor.
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Procurement Contract No. 25369
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C. ACWDB retains the right to suspend financial assistance, in whole or in part, to protect the integrity of the funds or to ensure proper operation of the program, providing the Contractor is given prompt notice and the opportunity for an informal review of ACWDB's decision. The ACWDB Director or his/her designee will perform this informal review and will issue the final administrative decision within 60 days of receiving the written request for review. Failure on the part of the Contractor or a Subcontractor of the Contractor to comply with the provisions of this Agreement, or with other applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds.
D. If applicable, Contractor will be liable to the ACWDB for all funds not expended in accordance with funding requirements and shall return to ACWDB all of those funds.
III. RESOLUTION
Contractor must provide ACWDB with a copy of a resolution, order, motion, or ordinance of its governing body authorizing execution of this Agreement.
Preferably resolutions should authorize a designated position rather than a named individual.
IV. PROCUREMENT STANDARDS
Contractor must use the methods of procurement required by the State of California in accordance with P2E 2.0 Grant guidelines.
GRIEVANCES AND COMPLAINT SYSTEM
Contractor will establish and maintain a grievance and complaint procedure in compliance with state statutes, regulations, and policy.
VI. DISALLOWED COSTS
Except to the extent that ACWDB determines it will assume liability, Contractor will be liable for and will repay to ACWDB, any amounts expended under this Agreement found not to be in accordance with P2E 2.0 Grant requirements including, but not limited to, disallowed costs. Such repayment will be from funds other than those received under the P2E 2.0 Grant.
VII. AUDIT REQUIREMENTS
A. Contractor will maintain and make available to auditors, at all levels, accounting and program records including supporting source documentation and cooperate with all auditors. All governmental and non-profit organizations must follow the audit requirements (single audit or program-specific audit requirement) of OMB Guidance, and Uniform Requirements.
COUNTY ALAMEDA
Procurement Contract No. 25369
CALIFORNIA
B. Contractor and/or auditors performing monitoring or audits of the Contractor or its sub-contracting service providers will immediately report to ACWDB any incidents of fraud, abuse, or other criminal activity in relation to this sub-grant agreement or its regulations.
VIl. ENTIREAGREEMENI
This Agreement contains the entire agreement of the parties and supersedes all negotiations, verbal or otherwise and any other agreement between the parties hereto. This Agreement is not intended to and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between ACWDB and Contractor. Contractor represents and warrants it is free to enter into and fully perform this Agreement.
IX. UNENFORCEABLE POSITION
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected hereby.
X. ACCOUNTING AND CASH MANAGEMENT
A. Contractor will comply with controls, record keeping and fund accounting procedure requirements, federal and state regulations, and directives to ensure the proper disbursal of, and accounting for, program funds paid to the Contractor and disbursed by the Contractor, under this Agreement.
B. Contractor will submit requests for cash to coincide with immediate cash needs and assure that no excess cash is on deposit in their accounts or the accounts of any sub-contracting service provider in accordance with procedures established by ACWDB.
C. ACWDB retains the authority to adjust specific amounts of cash requested if ACWDB records and subsequent verification with Contractor indicate that Contractor has an excessive amount of cash in its account.
D. Contractor shall not be required to maintain a separate bank account but shall separately account for funds on deposit. All funding under this Agreement, will be made by check or wire transfer payable to Contractor for deposit in Contractor's bank account or city and county governmental bank accounts.
To provide for the necessary and proper internal controls, funds should be withdrawn and disbursed by no less than two representatives of Contractor.
ACWDB will have a lien upon any balance of contract funds in these accounts, which will take priority over all other liens or claims.
XI. AMENDMENTS
This Agreement will be modified through formal amendment under the following circumstances:
COUNTY OF ALAMEDA
Procurement Contract No. 25369
CALIFORNIA
A. There is an increase or decrease in P2E 2.0 Grant funding levels.
B. A modification to the Agreement is required in order to implement an adjustment to Contractor's plan.
C. Funds awarded to Contractor have not been expended in accordance with the schedule included in the approved Contractor's plan. After consultation with Contractor, ACWDB has determined that funds will not be spent in a timely manner, and such funds are for that reason to the extent permitted by and in a manner consistent with state and federal law, regulations, and policies, reverting to ACWDB.
D. There is a change in state and federal law or regulation requiring a change in the provisions of this Agreement.
E. An amendment is required to change Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change, ACWDB will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
This Agreement may be amended only in writing by the mutual agreement of both parties in a manner consistent with ACWDB policy and the General Conditions of this Agreement.
XII. REPORTING
Contractor will compile and submit reports of activities, expenditures, status of cash, and closeout information by the specified dates as prescribed by the ACWDB.
Failure to adhere to the reporting requirements of this Agreement will result in funds not being released
XIII. RECORDS
A. If participants are served under this Agreement, Contractor will utilize the participant data system prescribed by ACWDB.
B. Contractor will retain all records pertinent to this Agreement for a period of three years from the date of final payment of this Agreement. If, at the end of three years, there is litigation or an audit involving those records, Contractor will retain the records until the resolution of such litigation or audit. Refer to OMB Guidance, Subpart D, Part 200.333-200.337.
C. ACWDB, the California Employment Development Department (EDD) and/or the CWDB, or their designee will have access to and right to examine, monitor and audit all records, documents, conditions, and activities related to programs funded by this Agreement. For purposes of this section, "access to" means that Contractor shall at all times maintain within the State of California a complete set of records and documents related to programs funded by this Agreement. The Contractor shall comply with this requirement regardless of whether it ceases to
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Procurement Contract No. 25369
CALIFORNIA
operate or maintain a presence within the State of California before the expiration of the Agreement. Contractor's performance under the terms and conditions herein specified will be subject to an evaluation by ACWDB of the adequacy of the services performed, timeliness of response and a general impression of the competency of the firm and its staff.
XIV. SUBCONTRACTING
A. Any of the work or services specified in this Agreement which will be performed other than by Contractor will be evidenced by a written agreement specifying the terms and conditions of such performance.
B. Contractor will maintain and adhere to an appropriate system, consistent with federal, state, and local law, for the award and monitoring of contracts which contain acceptable standards for ensuring accountability.
C. The system for awarding contracts will contain safeguards to ensure that Contractor does not contract with any entity whose officers have been convicted of fraud or misappropriation of funds within the last two years.
XV. CERTIFICATIONS AND ASSURANCES
Except as otherwise indicated, Contractor agrees to comply with the following certifications and assurances. Failure to comply with all requirements of the certifications and assurances may result in suspension of payment under this Agreement or termination of this Agreement or both, and Contractor may be ineligible for award of future Agreements/contracts if it is determined that any of the following has occurred: false information on the certifications and assurances, or violation of the terms of the certifications and assurances by failing to comply with the requirements noted in this section.
A. Corporate Registration: Contractor, if it is a corporation, certifies it is registered with the Secretary of the State of California.
B. Americans with Disabilities Act (ADA): Contractor assures that it complies with the ADA of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.)
C. Sectarian Activities: The Contractor certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination whatsoever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of church and state.
D. National Labor Relations Board Certification: Contractor certifies that no more than one (1) final un-appealable finding of contempt of court by a federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a federal court, which orders Contractor to comply with an order of the National Labor
COUNTY OF ALAMED
Procurement Contract No. 25369
CALIFORNIA
Relations Board. (Pub. Contract Code § 10296) (Not applicable to public entities.)
E. Prior Findings: Contractor, by signing this Agreement, certifies that it has not failed to satisfy any major condition in a current or previous Agreement with ACWDB, the CWDB or the State of California and has not failed to satisfy conditions relating to the resolution of a final finding and determination, including repayment of debts.
F. Drug Free Workplace Requirement: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
2. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace;
ili. any available counseling, rehabilitation, and employee assistance programs; and,
iv. penalties that may be imposed upon employees for drug abuse violations.
3. Every employee who works on the proposed sub-grant agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and,
ii. agree to abide by the terms of the company's statement as a condition of employment on the sub-grant agreement.
4. Failure to comply with these requirements may result in suspension of payments under this sub-grant agreement or termination of the sub-grant agreement or both and Contractor may be ineligible for award of any future sub-grant agreements if the Pass-through Entity determines that any of the following has occurred: the Contractor has made false certification; or violated the certification by failing to carry out the requirements as noted above. (Gov. Code§ 8350 et seq.)
G. Expatriate Corporations: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code §§ 10286 and 10286.1 and is eligible to enter into Agreements funded by the State of California.
H. Priority Hiring Considerations: If this Agreement includes services in excess of $200,000, Contractor shall give priority consideration in filling vacancies in positions funded by this Agreement to qualified recipients of aid under Welfare and Institutions Code§ 11200 in accordance with Pub. Contract Code § 10353.
OUNTY, ALAMEDA
Procurement Contract No. 25369
CALIFORNIA
J. Sweat-free Code of Conduct:
1. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to this sub-grant agreement have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
Contractor further declares under penalty of perjury that they adhere to the Sweat-free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code§ 6108.
2. Contractor agrees to cooperate fully in providing reasonable access to the Contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (1).
K. Child Support Compliance: For any Agreement in excess of $100,000, the Contractor acknowledges in accordance with Public Contract Code§ 7110, that:
1. Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with 5200) of Part 5 of Division 9 of the Family Code; and
2. Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Pass-through Entity.
L. Air/Water Pollution Violation Certification: Under the State laws, Contractor shall not be:
1. In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district;
2. Subject to cease-and-desist order not subject to review issued pursuant to § 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions, or
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3. Finally determined to be in violation of provisions of federal law relating to air or water pollution.
M. Clean Air Act: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §8 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
N. Domestic Partners: For contracts over $100,000 executed or amended after January 1, 2007, Contractor certifies that it is in compliance with Public Contract Code § 10295.3.
O. Debarment and Suspension Certification: By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with regulations implementing Executive Orders 12549 and 12689, Debarment and Suspension and OMB Guidance 2 CFR Part 180, that the prospective participant (i.e., Contractor), to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency.
Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property.
Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in Section 2 of this certification.
4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause of default.
Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement.
P. Lobbying Restrictions: By signing this Agreement, Contractor hereby assures and certifies to the lobbying restrictions in 2 C.F.R. §200.450, 29 CFR Part 93 and in the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352).
1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
Procurement Contract No. 25369
CALIFORNIA
officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant loan, or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than 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, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this sub-grant agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions.
The undersigned shall require that the language of the lobbying restrictions be included in the award documents for sub-grant agreement transactions over $100,000 (per OMB) at all tiers (including sub-grant agreements, contracts, and subcontracts, under grants, loan, or cooperative agreements), and that all Contractors shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance is placed when this transaction is executed. Submission of the Lobbying Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.
Q. Avoidance of Conflict of Economic Interest: An executive or employee of the Contractor will not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by Contractor or ACWDB. Supplies, materials, equipment, or services purchased with Agreement funds will be used solely for purposes allowed under this Agreement.
XVI. CONFIDENTIALITY REQUIREMENTS
ACWDB and Contractor will exchange various kinds of information pursuant to this Agreement. That information will include data, applications, program files, and databases. These data and information are confidential when they define an individual or an employing unit or when the disclosure is restricted or prohibited by any provision of law. Confidential information requires special precautions to protect it from unauthorized use, access, disclosure, modification, and destruction.
The sources of information may include, but are not limited to, the EDD, the California Department of Social Services, the California Department of Education, the California Department of Corrections and Rehabilitation, the County Welfare Departments), the County IV-D Directors Office of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California Office
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of Community Colleges and the Department of Alcohol and Drug Programs.
ACWDB and Contractor agree that:
A. Each party shall keep all information that is exchanged between them in the strictest confidence and make such information available to their own employees only on a "need-to-know" basis.
B. Each party shall provide security sufficient to ensure protection of confidential information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect this information from reasonable unanticipated threats to the security or confidentiality of the information.
C. The Contractor agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose other than those specifically identified in this Agreement.
Aggregate Summaries: All reports and/or publications developed by Contractor based on data obtained under this Agreement shall contain confidential data in aggregated or statistical summary form only. "Aggregated" refers to a data output that does not allow identification of an individual or employer unit.
2. Publication: Prior to publication, Contractor shall carefully analyze aggregated data outputs to ensure the identity of individuals and/or employer units cannot be inferred pursuant to California Unemployment Insurance Code Section 1094(c). Personal identifiers must be removed. Geographic identifiers should be specified only in large areas and as needed, and variables should be recorded in order to protect confidentiality.
ni Minimum Data Cell Size: The minimum data cell size or derivation thereof shall be three participants for any data table released to outside parties or to the public.
D. Each party agrees that no disaggregate data, identifying individuals or employers, shall be released to outside parties or the public.
E. Contractor shall notify ACWDB of any actual or attempted information security incidents, within 24 hours of initial detection. Information security incidents include, but are not limited to, any event (intentional or unintentional), that causes the loss, damage or destruction, or unauthorized access, use, modification, or disclosure of information assets.
Contractor shall cooperate with ACWDB in any investigation of security incidents. The system or device affected by an information security incident and containing confidential data obtained in the administration of this program shall be immediately removed from operation upon confidential data exposure or a known security breach. It shall remain removed from operation until correction and mitigation measures are applied. If Contractor learns of a breach in the security of the system which contains confidential
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data obtained under this Agreement, then Contractor must provide notification to individuals pursuant to California Civil Code Section 1798.82.
F. Contractor shall provide for the management and control of physical access to information assets (including personal computer systems, computer terminals, mobile computing devices, and various electronic storage media) used in performance of this Agreement. This shall include, but is not limited to, security measures to physically protect data, systems, and workstations from unauthorized access and malicious activity; the prevention, detection, and suppression of fires; and the prevention, detection, and minimization of water damage.
G. At no time will confidential data obtained pursuant to this Agreement be placed on a mobile computing device, or on any form of removable electronic storage media of any kind unless the data are fully encrypted.
H. Each party shall provide its employees with access to confidential information with written instructions fully disclosing and explaining the penalties for unauthorized use or disclosure of confidential information found in Section 1798.55 of the California Civil Code, Section 502 of the California Penal Code, Section 2111 of the California Unemployment Insurance Code, Section 10850 of the California Welfare and Institutions Code and other applicable local, state and federal laws.
I. Each party shall (where it is appropriate) store and process information in electronic format, in such a way that unauthorized persons cannot reasonably retrieve the information by means of a computer.
Each party shall promptly return to the other party confidential information when its use ends or destroy the confidential information utilizing an approved method of destroying confidential information: shredding, burning, or certified or witnessed destruction. Magnetic media are to be degaussed or returned to the other party.
K. IfACWDB or Contractor enters into an agreement with a third party to provide P2E 2.0 Grant services, the ACWDB or Contractor agrees to include these data and security and confidentiality requirements in the agreement with that third party. In no event shall said information be disclosed to any individual outside of that third party's authorized staff, subcontractors), service providers, or employees.
In the event that Contractor subcontracts any services under this Agreement, the following requirements must be included in the subcontracts:
1. All client information submitted over the internet to the subcontractor's databases must be protected, at a minimum, by 128- bit Secure Socket Layer (SSL) encryption. Clients' social security numbers must be stored in a separate database within the subcontractor's network of servers and protected by a firewall and a secondary database server firewall or AES data encryption. If a
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subcontractor receives client social security numbers or other confidential information in the course of business, for example a resume-distribution service that provides enrollment in CalJOBS, social security numbers must be destroyed within two days after the client registers for CalJOBS. If a subcontractor obtains confidential information as an agent of the Contractor, the subcontract must specifically state the purpose for the data collection and the term of records retention must be stated, and directly related, to the purpose and use of the information. Social security numbers and other client specific information shall not be retained for more than three years after a client completes services.
Client information (personal information that identifies a client such as name and social security number) and/or demographic information of a client (such as wage history, address, and previous employment) shall not be used as a basis for commercial solicitation during the time the client or agency is using the subcontractor's services. Client information and/or demographic information shall not be used for any purposes other than those specific program purposes set forth in the subcontract.
A client must still be given the option to use the local workforce system's services, including CalJOBS, even if he or she chooses not to use any services of the subcontractor. This option shall be prominently, clearly, and immediately communicated to the client upon registration with the subcontractor or for CalJOBS, the subcontractor's resume-distribution services, or any other services subcontractor offers.
The subcontractor must clearly disclose all of its potential and intended uses of the client's personal and/or demographic information for the services the client seeks and for any other services the subcontractor offers. The subcontractor shall not use a client's personal and/or demographic information without the client's prior permission. A link to the subcontractor's Privacy Policy shall appear prominently on the registration screens that list the potential and intended uses of the client's personal and/or demographic information.
M. Each party shall designate an employee who shall be responsible for overall security and confidentiality of its data and information systems and each party shall notify the other of any changes in that designation.
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EXHIBIT G-1
ALAMEDA COUNTY WORKFORCE DEVELOPMENT BOARD
CERTIFICATION REGARDING LOBBYING
Applicants should also review the instructions for certification included in the regulations before completing this form.
Signature on this form provides for compliance with certification requirements under 29 CFR Part 93, "New Restrictions on Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Labor determines to award the covered transaction, grant, or cooperative agreement.
LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 20 CFR $93.110, for persons entering into a grant, cooperative agreement, or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 29 CFR §93.110 (b)(2), the applicant certifies that to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds 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 in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification regarding lobbying.
P2E2.0
Printed Name and Title of Authorized Representative Award Number and/or Project Name Signature Date
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ATTACHMENT A
LANGUAGE ACCESS REQUIREMENTS FOR CONTRACTORS
I. The Alameda County Social Services Agency (SSA) has developed and adopted a Master Plan on Language Access to ensure its limited-English proficient (LEP) clients are provided with language accessible services and communications. Under the plan's provisions, community-based organizations (CBOs)/contractors whose services are contracted by the SSA:
A. Shall clearly disclose language access capabilities in relationship to the population served.
B. Shall have a plan in place—available for review upon request by County stafffor referring clients whose language needs the contractor cannot accommodate.
C. Shall permit County staff to conduct ongoing monitoring of contracted services for compliance with provisions of the County's Language Access Plan.
D. Shall provide the County with a list and copies of all printed contract-related marketing/promotional/education-related materials (including languages materials are printed in).
II. The SSA shall aid contracted CBOs in expanding language interpretation services through:
A. Providing CBOs/contractors with training, materials, and instruction on how to effectively refer LEP clients to appropriate language resources.
B. Including service-marketing plan requirements in requests for proposals (RFPs) and contracts with CBOs that propose to offer language services (including appropriate outreach and notification of programs and services) to the LEP community and customers.
C. Developing a monitoring process of contracted services to ensure high-quality language accessible services are always provided to LEP clients.
D. Providing CBOs/contractors with access to Telephonic Interpreters, —a 24-hour, 7- days-a-week, 365-days-a-year telephone language interpretation service in over 100+ languages — to supplement on-site language access services.
110-23 Procurement Contract No. 25369
QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS
INSTRUCTIONS: This questionnaire is to be completed by the County department for services contracts and must be included as part of the contract package. Be sure to answer all of the questions in Sections I and Il and to complete the certifications on page 2. Sections III and IV contain supplemental questions to be answered for contractors in certain service categories.
CONTRACTOR NAME: Richmond Workforce Development Board DEPT #: 320405 TITLE/SERVICE: Prison-to-Employment 2.0 Grant
DEPT. CONTACT: Jennifer Mitchell PHONE: 510-259-3829
I. INFORMATION ABOUT THE CONTRACTOR YES NO
1. Is the contractor a corporation or partnership? (x) ()
2. Does the contractor have the right per the contract to hire others to do the work (X) () agreed to in the contract?
3. If the answer to BOTH questions is YES, provide the employer ID number here:
94-600403
No other questions need to be answered. Withholding is not required.
4. If the answer to question 1 is NO and 2 is YES, provide the individual social security number here:
No other questions need to be answered. Withholding is not required.
5. If the answer to question 2 is NO, continue to Section II.
II. RELATIONSHIP OF THE PARTIES YES NO
1. Does the County have the right to control the way in which the work ( (x) will be done, i.e., will the County be able to specify the sequence of steps or the processes to be followed if it chooses to do so?
2. Is the contractor restricted from performing similar services for other ( ) (x) businesses while he is working for the County?
3. Will the contractor be working for more than 50% of the time for the () (x) County (50% = 20 hrs/wk; 80 hrs/mo)?
4. Is the relationship between the County and the contractor intended to be () (x) ongoing?
110-23 Procurement Contract No. 25369
III. FOR CONSULTANTS, PROJECT MANAGERS, PROJECT YES NO
COORDINATORS
1. Is the contractor being hired for a period of time rather than for a ( ) () specific project?
Will payment be based on a wage or salary (as opposed to a ( ) () commission or lump sum)?
IV. FOR PHYSICIANS, PSYCHIATRISTS, DENTISTS, YES NO
PSYCHOLOGISTS
Will the agreement be with an individual who does not have an outside () () practice?
2. Will the contractor work more than an average of ten hours per week? ( IF THE ANSWER TO QUESTION 2 IS YES, ANSWER QUESTION
Will the County provide more than 20% of the contractor's income? () ()
4. If the answer to either question 2, or if required, question 3 is NO, the entire answer is NO.
A "YES" answer to any of the questions in Section II, or, if applicable, Sections III or IV constitutes justification for paying the contractor through the payroll system as an "employee for withholding purposes."
CERTIFICATIONS:
I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract.
Contractor Signature Agency/Department Head/Designee Signature Tamara Walker
Printed Name Printed Name
12/20/23
Date Date