CONTRACT FOR SERVICES 
between 
THE COUNTY OF SANTA CLARA and CITY OF SUNNYVALE / NOVA

 

This is a Contract between the County of Santa Clara, Office of the District Attorney (County) and the City of Sunnyvale / NOVA (Contractor) relating to providing employment services to 50 noncustodial parents (NCPs).   The goal of this contract is to increase the earning of noncustodial parents so they can better support themselves and their children. 

THE PARTIES AGREE AS FOLLOWS: 

ARTICLE I
TERM AND MAXIMUM FINANCIAL OBLIGATIONS 

A.	Term
	The term of the contract will be for one year commencing January 1, 2002 through December 31, 2002.
B.	Maximum Financial Obligation
	The maximum financial obligation for the term of this Contract is not to exceed $268,850.

ARTICLE II
CONTRACT REQUIREMENTS 

A.	Recruit and Enroll Fifty (50) Noncustodial Parents
	Contractor and the County have jointly developed the Step Up program for NCPs. Contractor shall work with the County on recruiting and enrolling fifty (50) noncustodial parents into short-term employment and training programs.   All fifty participants should be enrolled in the program by June 30, 2002.
B.	Enrollment Criteria
	Contractor and the County will jointly develop enrollment criteria.  Both the County and Contractor must agree before a participant is enrolled in the Step Up program
C.	Training
	Whenever possible and appropriate, Contractors staff will utilize existing training programs such as but not limited to union apprenticeship programs, On-the-job-Training, Skills Gap, Job Corps, or Care Giver Initiative.  Contractor and the County will jointly approve the type and cost of any private training contract.  Contractor is authorized to subcontract for job-training programs.  Subcontractors must be an approved training provider of Contractor.
D.	Staffing
	Contractor shall staff the project appropriate to the number of Step Up participants being served.  Contractor and the County shall meet quarterly to determine the appropriate staffing levels.  Contractor shall bill the County at the hourly rates agreed upon by the parties in writing.

ARTICLE III
PROGRAM REQUIREMENTS 

A.	Scope of Services
	Contractor will provide expertise in development and implementation of individualized employment and training plans for Step Up participants. The primary purpose of the Step Up program is to increase NCPs earning ability so that they can better support themselves and their children. The services provided by the Contractor must take into consideration the Participantsí educational level, job skills, language and other barriers to employment.  Contractor will use funds from this Contract to pay for staff costs and items listed in the project budget that is incorporated by this reference as Attachment ìAî. Contractor shall not exceed any line item by more than 15% of the amount contained in the approved budget without the written consent of the contractor. Any change in budget expenditure per line item expenditure shall not result in increase of total budget. Contractor shall not exceed the amount of $268,850. The associated costs include the actual cost of training programs and ancillary expenses, which will remove barriers to NCPs obtaining stable employment.  Contractor will coordinate the delivery of employment related services through a collaborative system with other employment-training providers. The services provided through this Contract include the following:
1.	Employment and Training Services
	Contractor will provide expertise in the development and implementation of vocational training plans for Step Up participants. These plans shall include but are not limited to direction in career research, vocational counseling and assistance in selecting the appropriate vocational school. Plans will take into consideration the participantsí specific needs which may include but are not limited to education level, current skills, access to transportation, language and current labor market needs.
	The services provided by Contractor staff shall include but are not limited to:  a.            Contractor will direct participants in the areas of career research and development of the vocational training plans.  These plans shall focus on enhancing the participantsí earning capacity in occupations where there are strong labor demands.                        b.       Employment training plans shall include training providers who are geographically appropriate to participantsí needs.  c.       Contractor will act as the liaison between Step Up participants and training providers.  d.       The employment training plans developed by Contractor may include development of other life skills such as effective communication and socialization skills, job preparedness, conflict resolution, stress management, problem solving, decision making and goal setting.  Contractor may provide these services through workshops currently provided by Contractor, including but not limited to: Informational Interviewing, Company and Industry Research, and Negotiating the Offer.  e.       Contractor will prepare written case notes regarding the progress of Step Up participants.  Case notes are to be available to be reviewed by the District Attorneyís Office Family Support Division and the David and Lucile Packard Foundation.  f.        Contractor shall provide training plans that take into account the primary language of participants.  The training plans will address language skills and the needs of participants in the workplace.  g.       Contractor will provide bi-monthly program reports to the County.  The parties will jointly agree upon the format of the monthly program reports.
2.	Job Development
	Contractor may be asked to assist with job development for Step Up participants.
3.	Case Management
	Contractor will participate in bi-monthly meetings with County to assess and insure that adequate employment and training services are provided and to identify barriers that prevent participants from successful completion of employment services.

ARTICLE IV
PERFORMANCE REQUIREMENTS 

A.	Performance Standard
1.	Contractor will perform the agreed upon services in a competent and expedient manner. Contractor will immediately inform the County should problems arise that prohibits the Contractor from performing the services in such a manner.
2.	60% of contract participants shall complete their training programs and obtain employment between $14-$18.
B.	Documentation
	Contractor will provide written documentation (procedures, reports and presentations) regarding the services rendered during the contract period upon the request of the County.
C.	Completion Date
	Contractor will complete the work within the agreed upon time period as described in Article IA.

ARTICLE V
OPTION TO TERMINATE 

A.	Termination without cause
	The County may terminate this Contract at any time for the convenience of the County by giving thirty (30) days written notice specifying the effective date of the termination.  In the event of termination, all finished or unfinished documents, reports, and other materials (collectively referred to as “materials”) prepared by the Contractor under this Contract shall become the property of the County and shall be promptly delivered to the County.  Upon receipt of such materials, Contractor shall be paid for the services performed.
B.	Termination for Cause
	County may terminate this Contract for cause upon written notice to Contractor.  For purposes of this Contract, cause includes, but is not limited to, any of the following: (a) material breach of this Contract by Contractor, (b) violation by Contractor of any applicable law, (c) assignment by Contractor of this Contract without the written consent of County pursuant to Article X, Section A, or (d) failure to provide services in a satisfactory manner.  Such notice shall specify the reason for termination and shall indicate the effective date of such termination.  In the event of termination, Contractor will deliver to County copies of all reports and other work performed by Contractor under this Contract and upon receipt thereof, Contractor will be paid for services performed and reimbursable expenses incurred to the date of termination.

ARTICLE VI
NOTICE REQUIREMENTS 

All notices prescribed by this Contract shall be in writing and shall be deemed effective upon their deposit in the United States mail, postage prepaid with return receipt requested and addressed to:

a.	To County:	Office of the District Attorney, Family Support Division Mary Murphy 2645 Zanker Road San Jose, California 95134
b.	To Contractor:	City of Sunnyvale/NOVA Jeanette Langdell, Contracts Administrator 505 West Olive, Suite 550  Sunnyvale, California 94086

ARTICLE VIII
FISCAL REQUIREMENTS 

Billing and Payment Schedule

No later than the tenth working day of the end of each month, Contractor shall submit to County an invoice for services provided under this Contract during the preceding month.  The invoice shall show the current expenditures, the year-to-date expenditures, the available balance and other resource expenditures utilized for the Step Up program.  All invoices shall be supported by such documentation as the County may require. 

           All payments are contingent upon the Contractor providing services according to the scope of services, contract requirements, performance standards and meeting the requirements set forth in this Contract. 

Contract may bill the County for items included in the proposed budget.  Contractor may not exceed the maximum amount allocated in any one line item.  A copy of the proposed budget is attached hereto as Exhibit A.   

ARTICLE IX
NONDISCRIMINATION 

Contractor shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County’s policies concerning nondiscrimination and equal opportunity in contracting.  Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504)’ California Fair Employment and Housing Act (Government Code Sections 12900, et seq.); California Labor Code Sections 1101, 1102, and 1102.1.   

Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, gender, sexual orientation, mental or physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation.   Nor shall Contractor discriminate in provision of services provided under this Contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental or physical disability, medical condition, political beliefs, organizational affiliations, or marital status. 

ARTICLE X
OTHER REQUIREMENTS

A.	Assignment
	Contractor has been selected to perform services under this Contract based on the qualifications and experience of Contractor’s personnel.  Contractor may not assign this Contract or the rights and obligations hereunder without the specific written consent of the County.  Except as provided for under Article III, Section 2 (a) of this Contract, Contractor shall not enter into subcontracts for any of the work contemplated under this Contract without first obtaining written approval of the County, and any subcontracts entered into by Contractor without such approval shall be void.
B.	Transfer of Duties and Obligations Effective July 1, 2002
	County enters into this Agreement on May __, 2002 on behalf of the Office of the District Attorney.  The Parties acknowledge that effective July 1, 2002, the child support enforcement duties and responsibilities currently undertaken by the Office of the District Attorney will transfer to the Department of Child Support Services (DCSS) by operation of law.  Effective July 1, 2002, County therefore shall be deemed to enter into this Agreement on behalf of DCSS.  The Parties agree that effective July 1, 2002, DCSS shall undertake all responsibilities and duties of this agreement previously undertaken by the Office of the District Attorney prior to July 1, 2002.  The Parties further agree that as of the July 1, 2002 effective date, Contractor shall render all services owed under this contract to the County, on behalf of DCSS.  The transfer of duties and obligations under this Section shall not otherwise change or affect the duties and obligations of either the County or Contractor under the terms of this Agreement.
C.	Conflict of Interest
	In accepting this Contract, Contractor covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services.  Contractor further covenants that, in the performance of this Contract, it will not employ any contractor or person having such an interest.
D.	Independent Contractor Status
	Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the County.  None of the provisions of this Contract is intended to create, nor shall be deemed or construed to create, any relationship between the parties other than that of independent parties contracting with each other for purpose of effecting the provisions of this Contract.  The parties are not, and shall not be construed to be in relationship of joint venture, partnership or employer-employee.  Neither party shall have the authority to make any statements, representations, or commitments of any kind on behalf of the other party, or to use the name of the party in any publications or advertisements, except with the written consent of the other party or as is explicitly provided herein.  Contractor shall be solely responsible for the acts and omissions of its officer, agents, employees, contractors, and subcontractors, if any.
E.	Amendments
	Amendment to the term and conditions of this Contract shall be effective only upon mutual written agreement signed by the parties hereto.
F.	Severability
	If any provision of this Contract is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Contract.
G.	Entire Contract
	This document embodies the entire Contract between the parties with respect to the subject matter hereof.  All prior negotiations, written contracts and oral contracts between the parties with respect to the subject matter of this Contract are merged into this Contract.
H.	Confidentiality
	During the performance of this Contract, Contractor will have access to individual test data and results and information regarding the identity of persons tested.  Contractor agrees to treat all such information as confidential and will use all necessary care to maintain such information in confidence and for use only for the purposes contemplated in this Contract.  Contractor shall not release any of the aforementioned information to any entity or party other than the County’s staff, nor discuss such information with any other party other than staff of the County, without the express written consent of the County or as Contractor may be required by law to disclose.  In the event that Contractor receives a subpoena, court order, or other legal document requiring release of the information, or is informed that such document is being requested, Contractor shall immediately give notice to the County in order to permit the County to seek a protective order or other similar order.
I.	Waiver
	No delay or failure to require performance of any provision of this Contract shall constitute a waiver of that provision as to that or any other instance.  Any wavier granted by a party must be in writing, and shall apply to the specific instance expressly stated.
J.	Governing Law
	This Contract has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California.

 ARTICLE XI
CONTRACTING PRINCIPLES REQUIREMENTS 

This Contract is a Type I service contract, subject to the Resolution of Contracting Principles adopted by the Board of Supervisors on October 28, 1997.  Accordingly, Contractor shall comply with all of the following:

a. Contractor shall, during the term of this Contract, comply with all applicable federal, state, and local rules, regulations, and laws.

b. Contractor shall maintain financial records adequate to show that County funds paid under the contract were used for purposes consistent with the terms of the contracts.  These records shall be maintained during the term of the Contract and for a period of three (3) years from termination of this Contract or until all claims if any, have been resolved, whichever period is longer, or longer if otherwise required under such provisions of this Contract. 

The failure of Contractor to comply with this Section or any portion thereof may be considered a material breach of this Contract and may, at the option of the County, constitute grounds for the termination and/or non-renewal of the contract.  Contractor shall be provided reasonable notice of any intended termination or non-renewal on the ground of non-compliance with this Section, and the opportunity to respond and discuss the County’s intended action. 

 

Dated:	Dated:
Robert S. LaSala City Manager Sunnyvale, CA	Stephen Gibbons Assistant District Attorney Family Support Division
Santa Clara County Counsel has reviewed the Contract for Services as to form and legality.
Susan Swain Deputy County Counsel	Date: