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HomeMy WebLinkAbout FULL PACKET_2013-06-03MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 20, 2013 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:05 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern (5:11 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES (5:08 p.m.) MICHELE MARTINEZ ROMAN A. REYNA (5:15 p.m.) VINCENT F. SARMIENTO COUNCILMEMBERS Absent: NONE STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:05 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) CITY COUNCIL MINUTES 1 MAY 20, 2013 1 0A -1 • JOINT ITEM - City of Santa Ana, Successor Agency and Housing Authority v. Ana J. Matosantos, Director of DOF, State Board of Equalization, et al; Superior Court, Sacramento, Case Number 34- 2013- 800001477 • JOINT ITEM - Hilda Cuenca, Claudia Castaneda, Enima Hernandez, and Evangelina Avalos, on behalf of themselves and others similarly situated v. State of California Department of Finance; Ana J. Matasantos, in her official capacity as Director of the State of California Department of Finance; County of Sacramento Superior Court Case No. 34- 2013- 20001427 • JOINT ITEM – Gerald Peebler v. California Department of Finance, Ana Matosantos, et al, County of Sacramento Superior Court Case No. 34- 2012 - 80001172, awaiting Court of Appeal Case Number. • Automasters v. City of Santa Ana; Orange County Superior Case No. 2012 - 00573637 • _City of Santa Ana v. Wan% et al.; Orange County Superior Court Case No. 2011- 00525651 • Robert White, et al. v. City of Santa Ana, et al.; Case No: 30-2010 - 00437144- CU- WM -CXC 1B CONFERENCE WITH LEGAL COUNSEL — THREAT OR ANTICIPATED /POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(b) Claim No. 2013 - 030 - Mid - Century Insurance Company as subrogee for Jose Olivares 1 C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) and Service Employees' International Union (SEIU) Full -Time Employees CITY COUNCIL MINUTES 2 MAY 20, 2013 G r�7. 1D PUBLIC EMPLOYEE — APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: City Manager CLOSED SESSION REPORT — Reportable actions will be added to the Regular Agenda for council agenda (Agenda Item 19A). ADJOURNED THE CLOSED SESSION MEETING AT 5:43 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 MAY 20, 2013 i NMI CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:46 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO BEAR SUMMERS, Police Chaplain CLOSED SESSION REPORT — See report under Agenda Item 19A. PUBLIC COMMENT • Madeline Spencer, thanked City Council for moving forward with Strategic Plan; slow transition, but important to have transparent process; proud of progress made by staff and commitment by City Council. • Juan Carlos Macedo, supports open space, libraries, and recreational programs that will help the youth in our community; increasing programs with balance City and deter crime. • Matt Southgate, congratulated recently elected Councilwoman Amezcua who won seat without campaigning; City to focus on quality of life issues. CITY COUNCIL MINUTES 4 MAY 20, 2013 1 0A -4 CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25B. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS Martinez, Reyna, Pulido, 10A MINUTES OF THE REGULAR MEETING OF MAY 6, 2013 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES OF THE SPECIAL MEETING OF MAY 7, 2013 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: Approve settlement agreements as follow: ■ AGMT NO. 2013 -073 - Claim No. 2013 - 030 - Mid - Century Insurance Company as subrogee for Jose Olivares; Settlement in the amount of $6,714.81 ■ AGMT NO. 2013 -074 - City of Santa Ana v. Wang et al.; Orange County Superior Court Case No. 2011 - 00525651 and Robert White, et al. v. City of Santa Ana, et al.; Case No: 30- 2010 - 00437144- CU -WM- CXC; Attorney fees and costs of $116,345. CITY COUNCIL MINUTES 5 MAY 20, 2013 1 0A -5 ■ AGMT NO. 2013 -075 - Automasters v. City of Santa Ana; Orange County Superior Case No. 2012 - 00573637; Comprehensive settlement in the amount of $450,000. 19B EXCUSED ABSENCES — None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - Public Works Agency MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A AGREEMENT AND APPROPRIATION ADJUSTMENT FOR A BOOK TO ACTION 2013 GRANT FOR THE "TRUE NOTEBOOKS" PROGRAM - Parks, Recreation & Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2013 -068 - With the California Center for the Book in an amount of $3,000 for a Book to Action 2013 grant for the "True Notebooks" program. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -129 - Recognizing $3,000 in Book to Action 2013 grant revenue in the California Library Services Act revenue account and appropriate same to expenditure account. PROJECTS /CHANGE ORDERS 23A CONTRACT AWARD FOR FISHER PARK BUTTERFLY AND BIRD HABITAT (PROJECT NO. 112606) AND CENTENNIAL PARK SLOPE REHABILITATION (PROJECT NO. 137515) - Public Works Agency; CITY COUNCIL MINUTES 6 MAY 20, 2013 1 0A -6 Community Development Agency; Parks, Recreation & Community Services Agency MOTION: 1. Award a contract to the lowest responsible bidder, Hondo Company, Inc., in accordance with the base bid, totaling $172,915, for the construction of Fisher Park Butterfly and Bird Habitat, and Centennial Park Slope Rehabilitation projects. 2. Approve the Cost Analysis for a total estimated project delivery cost of $224,770. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. (Item 25A and 25B) 25A JANITORIAL MAINTENANCE SERVICES AT SANTA ANA POLICE DEPARTMENT - Police Department • AGMT NO. 2013 -069 - Execute a three -year agreement with ABM Building Maintenance Company in an annual amount not to exceed $1,097,340. • AGMT NO. 2013 -070 - AMENDMENT - With Able Building Maintenance Company in an amount not to exceed $30,830 for a one - month period. 25B AGMT NO. 2013 -071- VETERINARY SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - With Dr. Scott Weldy in an amount of $75,000 for a one -year term - Parks, Recreation & Community Services Agency * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 7 MAY 20, 2013 1 0A -7 BUSINESS CALENDAR ITEMS REPORTS 65A FEDERAL IMMIGRATION REFORM RESOLUTION - City Manager's Office Council discussion ensued. Councilmember Sarmiento thanked staff for agenda report and materials. Expressed broad based support for reform; sensitive to undocumented community; thanked speakers for voicing opinions. Councilmember Tinajero expressed support through eyes of education system and need to provide opportunities for higher level education, identify drivers through driver's licenses and for all to participate in economic vitality of our Nation. Councilmember Benavides supports resolution and recounted personal experience; community impacted by currently laws and need reform. MOTION: Adopt a resolution. RESOLUTION NO. 2013 -023 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXPRESSING SUPPORT FOR COMPREHENSIVE FEDERAL IMMIGRATION REFORM AND URGING THE 113TH CONGRESS TO ENACT REFORMS THAT SECURE OUR BORDERS, ENSURE ECONOMIC STRENGTH AND PROMOTE STRONGER COMMUNITIES MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65B RESOLUTION IN OPPOSITION TO THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S PROPOSED AMENDED RULE 444 PROHIBITING OPEN BURNING ON BEACHES - City Manager's Office Council discussion ensued. CITY COUNCIL MINUTES 8 MAY 20, 2013 Councilmember Martinez noted that City of Huntington Beach supports fire rings; concerned with perception of discrimination by not allowing all to enjoy the public beaches. Councilmember Sarmiento thanked Mayor for leadership on matter; argument by SCAQMD difficult to make, opined that it is a property rights issue; beaches are public amenity for all to enjoy; must protect right of users; when purchasing by the beach potential buyers are well aware the public beach is in close proximity. Councilmember Benavides indicated that matter is regional issue; elected officials ban together to support matter that will benefit economy as well. Mayor Pulido noted that he and City of Huntington Beach Mayor held meeting that was well attended; had many speakers most of which supported the fire rings. Also, held meetings with mayors of Orange County cities to discuss matter; concerned with Preliminary Report findings; invited all to submit letters of support. Mayor Pro Tern Tinajero expressed support for regional amenity that allows for recreational and family bonding opportunities. MOTION: Adopt a resolution RESOLUTION NO. 2013 -024 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S ( SCAQMD) PROPOSED AMENDED RULE 444 PROHIBITING OPEN BURNING ON BEACHES MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED TO A JOINT SESSION WITH THE HOUSING AUTHORITY AGENCY AT 6:27 P.M. 80A AGMT NO. 2013 -072 - JOINT ACTION BY THE CITY COUNCIL / HOUSING AUTHORITY - LOAN AGREEMENT AND PROJECT -BASED CITY COUNCIL MINUTES 9 LL1 A , MAY 20, 2013 VOUCHERS AGREEMENTS WITH DEPOT AT SANTIAGO, LP - Community Development Agency At its special meeting on May 14, 2013, by a vote of 5 -0 (Bist, Garcia absent) the Community Redevelopment and Housing Commission approved the recommended actions. Council discussion ensued. Councilmember Sarmiento noted that project near the Train Station and across from Santiago Lofts; will provide economic value and request that staff reach out to arts community. Councilmember Martinez supports project. Councilmember Benavides noted that project will provide affordable and quality living; prime location to transportation corridor and retail; proposed mixed use of rental and for - sale units. MOTION: Authorize the City Manager and the Clerk of the Council to execute a loan agreement with Depot at Santiago, LP in an amount of $3,000,000, subject to non - substantive changes approved by the Acting Executive Director and City Attorney. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY AGENCY MEETING AT 6:42 P.M., FOLLOWED BY THE SUCCESSOR AGENCY MEETING AND RECONVENED AT 6:43 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Invited all to attend the upcoming Health and Fitness Health Fair on Saturday, June 1St at Rosita Park. CITY COUNCIL MINUTES 10 iiWASK MAY 20, 2013 Councilmember Benavides: • Urged all to shop local businesses and support the Santa Ana economy. Mayor Pulido: • Adjourned in Memory of Michael Dillingsley who was an active volunteer at the Tennis Center. WORK STUDY SESSION WS PROPOSED FISCAL YEAR 2013 -14 AND 2014 -15 BUDGETS AND CAPITAL IMPROVEMENT PROGRAM (CIP) — City Manager's Office and Finance Management Services Fiscal Year 2013 -2015 Proposed 2 -Year Budget Agenda • Historical Budget Overview • Policy Assumptions Going Forward • Budget Assumptions • 2013 -15 Budget Overview • One -Time Revenues & Term Specific Expenditures • Capital Improvement Program (CIP) • Departmental Presentations • Next Steps Historical Budget Overview Budget Challenges (FY 2008 -09 to FY 2012 -13) • Worst economic decline since The Great Depression Unemployment 15.5% 7.1% 9.1% Rate (Jan 2010) (Jan 2008) (April 2013 Prelim) Assessed $21.9 Billion $19.8 Billion Valuation (FY08 -09) (FY10 -11) (Fiscal Year) What was the impact to our City • Significant Declines in Major Revenue Sources CITY COUNCIL MINUTES 11 1 0A -11 $20.3 Billion (FY12 -13) MAY 20, 2013 • Sales Tax revenues declined by 26% (approx. $11.6M from FY07- 08 to FY09 -10) • Property Tax revenues declined by 11.5% ( approx. $6.7M from FY07 -08 to FY10 -11) • Pre - negotiated Salary/Benefit Contractual Obligations • Rising Pension Contribution Rates • State Budget Impacts: • Dissolution of RDA and loss of Tax Increment Dollars ■ Loss of resources for Economic Development • Loss of Motor Vehicle License Revenues ($1.2M) Surviving the Fiscal Challenge (FY2008 -09 to FY2012 -13) • Labor Concessions o Negotiations during closed contracts • Use of One -time Funds and Reserves • Reductions in Staffing Levels o Managing vacancies • Outsourcing & Reorganizations • Other Cost Reduction Strategies • Moratorium on training and travel • Limited capital purchases General Fund Budget Comparison ( Approx. $47M or 19% reduction over 5 -yr period) CITY COUNCIL MINUTES 12 MAY 20, 2013 1 0A -12 $58.4 $58.3 $60 $55 $53.1 $51.7 $52.3 $53.0 50 r ^;$44.6 j45 1+ 38.0 37.0 $38.4 $40 $35.8 33.0 1 $35 $30 $25 $20 FY07 -08 FY08 -09 FY09 -10 FY10 -11 FY11 -12 FY12 -13 ** Property Tax* • Pre - negotiated Salary/Benefit Contractual Obligations • Rising Pension Contribution Rates • State Budget Impacts: • Dissolution of RDA and loss of Tax Increment Dollars ■ Loss of resources for Economic Development • Loss of Motor Vehicle License Revenues ($1.2M) Surviving the Fiscal Challenge (FY2008 -09 to FY2012 -13) • Labor Concessions o Negotiations during closed contracts • Use of One -time Funds and Reserves • Reductions in Staffing Levels o Managing vacancies • Outsourcing & Reorganizations • Other Cost Reduction Strategies • Moratorium on training and travel • Limited capital purchases General Fund Budget Comparison ( Approx. $47M or 19% reduction over 5 -yr period) CITY COUNCIL MINUTES 12 MAY 20, 2013 1 0A -12 �1rJr� i - -r Historical Workforce Count (Peak vs. Low) _EPART M ity.�l�nager's Office 10 9 1 I -10.0% 2 ity Attorney's Office 18 13 5 -27.8% 2 lerk Of The Council 5 4 1 - 20.0% 0 ommunity Development Agency 112 81 31 -27.7% 19 1 Finance & Management Services 141 110 31 - 22.0% 20 Fire Department" _ 283 N/A ! 283 I N/A N/A Parks, Recreation & Community Services _ 149 70 79 - 53.0% 10 Personnel Services —� — - �? _ 34 26 8 -23.5% 1 5 tanning & Building Agency 110 71 39 -35.5% 30 olice Department 718 669 49 6 8° 96 Public Works Agency 205 151 54 26.3`, 29 ;581 -32.6% 213 Fiscal Policy • Defining a balanced budget o Recurring revenues to meet recurring expenditures • Use of one -time funding for one -time expenditures • Establishing adequate reserve levels o In accordance with the Government Finance Officers Association (GFOA) CITY COUNCIL MINUTES 13 MAY 20, 2013 1 0A -13 Nillions 45.0 $42.9 40.0 $36.4 35.0 30.0 25.0 20.0 15.0 10.0 5.0 0,0 FY 05 -06 FY 06 -07 General Fund Unassigned Balances $32.2 FY 07 -08 FY 08 -09 FY 09.10 FY1041 FYII.12 FY1243 FYI 3.14 FY14 -15 Pr.W,Ied Fora W F....... Rising to the Challenge: Policy Assumptions Going Forward 10 -Year Forecast Model $ 30.0 1, -,, oP- o- Goal REVENUES - ERPENOITUREB CDA RESIDUAL REVENUE RISKS 07MASSUMPWNS General Fund Forecast 2.07-/Vacarcy Rate 111.11 #R (AO ,T11 r -2 %1 {OtY TM ID S3 341) 2 -WATER LOSS (IS 7.5M) - M8,mm G M6, tRdenm -Elpend'Rum G :9:R O: :TM a 3 µl MI0 3-UUT LOSS (58th) 5160 4RECESSICN IN Yo +ALT �Hlcm 4-Wff (SOM) 4 HATER +UUT LOSS Fmed Bamrua 5 JUT GAIW[14LOT SIN qb Vac Cut $250 ._. Mant Add $240 ASSUMPTIONS FROM =1111110 11110 C081iNtAT10N (ELECTED: Vufeblas I 5230 REVENUE: 1 '14 7411r 1516 16!17 17118 118_79 1920 20/21 21L $220 -- -- crowy Tax Grob 2.00% 3.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% $210 - - SalesTaxGrowOl 5.58% 218% 2 .83% 3.42% 3.27% 3.25% 3.25% 325% 3.25% $200 Utility Tax Growth -098% -0.56% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% $190 -.- EXPENDITURE: 1514 14115 1516 1617 17118 18'19 190 20.0'21 t $180 00 20% 3 3Payroll Growth 000% ) 2.00 325 25 25% 3.25% c o N N n 1 Z13 Vacancy 1:07 75% 75 %j 75% 75% 75% 75% 75% 75% 75% Added Maad 0,N) SDO 50.0 ; $0.0 SO.0 $0.0 $0.0 S0.0 $0.0 $0.0 e�een SYC SUPP Growth OZ% 0.00'16 2.00% 2.00% 2.00% 2.00% 200% 200% 2.00% OCFA Growth 486% 1.99%; 1.97% 1.97% -0.24% 2.00% 200% 200% 2.00% General Fund Balance Cumulatiw(Le) SO.0 $0.0 $0A $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $lo - ,, � - - - - -- ($ h Mi.) >W$ 13'14 1411 15116 1517 17178 18 19 19 20 22 21 »2 F13_F7! $iWin SK7 $69.1 $692 1 $70.2 $71.6 $73.1 $75.4 $77.9 $80.4 $83.0 20.8% POWN 91 11.5 142 191 22.8 23.6 25.0 26.4 27.9 29.5 217.2% C1Mr Pan 27.5 317 32.7 34.0 355 37.0 38.9 40.8 43.0 45.3 64.7% Non4Pars 8117 90.4 88.21 90.2 91.4 91.8 93.1 94.5 95.8 97.2 9.8% TOW E:xp 194.2: 2027 2043 1 213.5 221.3 225.5 2324 239.6 247.1 255.0 31.3% Net Annual as 3.0 0.2 (5.5) (82) (72) (8.7) (10.3) (12.1) (14.0) Belame 2021 20.3 29.51 24.0 15.8 8.8 0.1 10.4 22.5 36.6 239.7% so ($10) 1$20) - -- - - -- -- ($30) --- ------ ---- (S401 (SSOI o c o o . . = . OJR4aR „p Council Budget- Related Policies 1. Adoplt a 2 -year budget 2. Provided labor strategy authority 3. Supported restructuring of departments' organizations and services provided based on the dollars available 4. Supported review of Police Dept. operations to identify financial savings 5. Continued support of Fiscal Policy & appropriate reserves 6. Supported appropriating Property Tax from former RDA 7. Supported the preparation of assessment studies for CIP infrastructure needs, deferred maintenance issues and planning needs 8. ModE;rnizing the UUT CITY COUNCIL MINUTES' 14 MAY 20, 2013 1 0A -14 Ma = =15alance -994M C" PERS- Safety:4M 2 28.48% 2 29A7 %1 3 34.40% 4 42.64% 4 48.42% 4 48.99% 4 49.94% 5 50.92% 5 51.92% $ $s0 - --------- ---- -- PERS- 41mcPlan 2 20.10% 2 22M%� 2 26.60% 3 3270% 3 37.02% 3 37.51% 3 38,23% 3 38.96% 3 39.72% $ $40 - - - - - - -- NEW ADD (CM 1 13-14 1 14/1 * *15 1 1W17 1 17 18 1 1&19 1 11VQ ' 'f'0_ /11 5 520 - - - - - - - - -- ($ h Mi.) >W$ 13'14 1411 15116 1517 17178 18 19 19 20 22 21 »2 F13_F7! $iWin SK7 $69.1 $692 1 $70.2 $71.6 $73.1 $75.4 $77.9 $80.4 $83.0 20.8% POWN 91 11.5 142 191 22.8 23.6 25.0 26.4 27.9 29.5 217.2% C1Mr Pan 27.5 317 32.7 34.0 355 37.0 38.9 40.8 43.0 45.3 64.7% Non4Pars 8117 90.4 88.21 90.2 91.4 91.8 93.1 94.5 95.8 97.2 9.8% TOW E:xp 194.2: 2027 2043 1 213.5 221.3 225.5 2324 239.6 247.1 255.0 31.3% Net Annual as 3.0 0.2 (5.5) (82) (72) (8.7) (10.3) (12.1) (14.0) Belame 2021 20.3 29.51 24.0 15.8 8.8 0.1 10.4 22.5 36.6 239.7% so ($10) 1$20) - -- - - -- -- ($30) --- ------ ---- (S401 (SSOI o c o o . . = . OJR4aR „p Council Budget- Related Policies 1. Adoplt a 2 -year budget 2. Provided labor strategy authority 3. Supported restructuring of departments' organizations and services provided based on the dollars available 4. Supported review of Police Dept. operations to identify financial savings 5. Continued support of Fiscal Policy & appropriate reserves 6. Supported appropriating Property Tax from former RDA 7. Supported the preparation of assessment studies for CIP infrastructure needs, deferred maintenance issues and planning needs 8. ModE;rnizing the UUT CITY COUNCIL MINUTES' 14 MAY 20, 2013 1 0A -14 so ($10) 1$20) - -- - - -- -- ($30) --- ------ ---- (S401 (SSOI o c o o . . = . OJR4aR „p Council Budget- Related Policies 1. Adoplt a 2 -year budget 2. Provided labor strategy authority 3. Supported restructuring of departments' organizations and services provided based on the dollars available 4. Supported review of Police Dept. operations to identify financial savings 5. Continued support of Fiscal Policy & appropriate reserves 6. Supported appropriating Property Tax from former RDA 7. Supported the preparation of assessment studies for CIP infrastructure needs, deferred maintenance issues and planning needs 8. ModE;rnizing the UUT CITY COUNCIL MINUTES' 14 MAY 20, 2013 1 0A -14 9. Supported studying the reduction of the water transfer 10. Provided direction on budget outreach and communication 11. Supported the development of strategic plan Budget Meetings & Outreach k*R M"" yo dA C 3aa3v is 0.--) P fawn 1(13/13 5123(13 5129113 fet.ua y ADr3 May hm 613J13 6117/13 4J16113 6119)13 5/1133 S/20113 5/'.3/'3 &WW CM C— C CM C-0 CRy Caxd City C—.g Cay Caac. &'dg.1 °ReaM3 :* Readn( Wad -5NQy Wat—dy Wa kdW Worts * Wak9 * 1 AAOptM Development of a Strategic Plan �. Budget _ - r Strategic Plan Fiscal Year 2013 -15 Budget Assumptions Major Budgetary Assumptions 1. Departments to reorganize structure based on what City can afford 2. Implements the expiration of the compensated deferrals (approximately $7.4M) 3. No new programs or services 4. Continues to evaluate public safety costs 5. No new increases in negotiated compensation 6. Increases in CalPERS and medical costs are included 7. Capped costs for services and supplies 8. No additional general fund contributions to CIP 9. Honors Council approved Fiscal Policy 10. Assumes moderate growth in revenue sources 11. Returns former redevelopment Property Tax to General Fund 12. Risks to significant revenues identified but not included CITY COUNCIL MINUTES 15 MAY 20, 2013 1 0A -15 Fiscal Year 2013 -15 Budget Overview Fiscal Year 2013 -14 Citywide Budget 7.4% 7 1 %' 5 6 %gyp _ 51.2% 6.9 0- 48% 12.4% 11.9% Fiscal Year 2014 -15 Citywide Budget Fiscal Year 2013 -15 General Fund Budget General Fund Budget Fiscal Year 2013 -14 9b 7.0% 50.5% 71.2% 19.5% s 3 CITY COUNCIL MINUTES 16 MAY 20, 2013 Rlym General Fund Budget Fiscal Year 2014 -15 a a a Fiscal Year 2013 -15 Full -Time Workforce Full -Time Authorized Positions '1.1'10 9 1)00 %U0 rf3 iy1i) -Iri ; "(Irre_ i_yI 1.. 12 Proposed Workforce Changes • Net Reduction of 155 FT Positions • Reallocation of 12 Positions • No Unfunded Positions • Filling of 74 'Vacancies Fiscal Year 2013 -14 Cost Recovery Schedule New and Modified Fees • 2.7% CPI — LA /Riverside /Orange County Services Index • Ten New Fees: o FMSA - Return Payment Service Fee - Utility Service Set -up Fee CITY COUNCIL MINUTES 17 MAY 20, 2013 1 0A -17 - Business License Related Fees Effective 10/1/13: Hearing Service, Auto Registration, Audit Service, Inspection /Collection Service, Transfer Service and Recording Service • PRCSA - Santa Ana Stadium /Commercial Events /Non- Spectator - Adult Baseball Surcharge Modifying six existing fees: • FMSA — Extend Credit Card Charge Moratorium though June 2014 • CDA — Enterprise Zone Hiring Credit Application Processing Fee • PRCSA — Santa Ana Stadium — Television Rights • PRCSA — Santiago Lawn Bowling Greens; • PD — Police Security Services • PWA — Residential Parking Permit One -Time Revenues and Term Specific Expenditures Additional General Fund Revenues & Expenditures Possible One -Time Amount Term Specific Expenses Amount Revenues FY2013-14: • County Admin Fee (14WA rset"MI $TOOK General Plan & Zoning Ordinance $2.6M • Return of Property Tax _ 51.9M l/Y- -H—,—DOF see£eme�s) o DDR FY2013 -14 Subtotal: $2.6M Unknown: • Return of Property Tax $2M . City Facility Capital Improvements $2M (8„ ti, , - DOF :etttem•m) 452M _n Ity term specific pm^u) o Settlement Agreement • Return of Property Tax $0 to $5.4M . Modernizing UUT Costs _ 5300K (lji,"_' DOF sen4mernl Unknown Subtotal: S2M to $7.4M . Street Light Improvements $250K • Cabrillo Street Sidewalk $500K Improvement Project • Settlement Agreement Impacts TBD Associated with Return of Tax Increment to DOF I • Reserves TBD Totals $4.6M to $10M Totals $5.65M Capital Improvement Program (CIP) Organizational Strategies for the coming 2 years • Development of the City's Strategic Plan • Development of Capital and deferred maintenance needs assessment • Update the General Plan and Zoning Code • Continue to identify for reorganization & cost efficiency opportunities CITY COUNCIL MINUTES 18 MAY 20, 2013 ii[ll_d_E:� • Development of an Information Services Strategic Plan • Preparation of Citywide Economic Development Strategy Next Steps • May 28 — City Council Workshop • May 29 - Community Budget Forum • June 3 — 1 st Public Hearing • June 17- 2"d Public Hearing & Adoption • July 1 — New Fiscal Year Begins City Council comments: Councilmember Martinez supports collaborative efforts with surrounding communities on bike infrastructure projects to maximize funds; supports League membership for staff development programs. Councilmember Benavides questioned amount of discretionary funds available; cell tower funds to be earmarked for park improvement projects; request survey of cities of comparable size on city council budget amounts and staffing levels; requested clarification on CIP budget fluctuations in 2014 -15. Adjourned Meeting in Memory of Michael Dillingsley ADJOURNED - 7:40 p.m. - Special meeting of the City Council is scheduled for Tuesday, May 28, 2013 at 5:00 p.m., in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Ordinance Addressing Homeless Shelters as per Requirements in SB 2 • Study Session on Entertainment Ordinance • Public Hearing on Sexlinger Property • Adoption of Strategic Plan • Fiscal Year 2013 -14 and 2014 -2015 Budget Adoption • Harbor Blvd. Mixed -Use Plan CITY COUNCIL MINUTES 19 MAY 20, 2013 iilll_b—larall] REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CIT�MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the request for the destruction of obsolete records from the City Manager's Office in accordance with the retention schedule outlined in City Council Resolution No. 2013 -014. DISCUSSION On April 1, 2013, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: June 3, 2013 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2013 -014. Thank you. 71, 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2013 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence May 1, 2011 and prior Correspondence/ May 1. 2011 Chronological Files Councilmember Self- explanatory and prior Council Requests Mayor Inquiries processed for Mayor May 1, 2011 and prior Wards 1 through 6 Inquiries processed for Councilmembers May 1, 2011 and prior Correspondence General Correspondence Self- explanatory May 1, 2011 and prior Staff Inquiries processed for Staff May 1, 2011 and prior Monthly Status City Manager Self- explanatory May 1, 2011 Reports and prior Payroll Records Council /Staff Self- explanatory May 1. 2011 and prior May 1, 2011 Travel Folders Council /Staff Self- explanatory and prior APPROVE: Kevin O'Rourke Date Interim City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: onia R. Carvalho Date City Attorney AUDITED BY: Mark Lawrence Date Exec. Assistant to the City Manager REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES (JANUARY 2013 — MARCH 2013) /I I Z' CITY MANAGER RECOMMENDED ACTION Receive and file. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its special meeting held May 14, 2013, by a vote of 5:0 (Bist, Garcia absent) the Community Redevelopment and Housing Commission recommended that the City Council receive and file. DISCUSSION This status report for the quarter ending on March 31, 2013, provides statistics for the day -to -day affordable housing activities of the City and the Community Development Agency. The report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, and Development Projects. Loan Activity Applications The Housing Division offers several different programs including homebuyer down payment assistance and rehabilitation loans for historic single - family, single - family and mobile homes. Mobile home loans are offered as forgivable grants and are used to cover the cost of essential repairs. Applications are mailed out and received for these programs on a continuing basis. Chart 1 shows the number of applications sent out by type during the quarter. 19D -1 Chart 1: Applications Mailed Homebuyer Assistance \ (32) Single \ Family Rehab (17) Mobile Home Hardship (5) Quarterly Report for Housing Division Projects and Activities (Jan -March 2013) June 3, 2013 Page 2 Of the applications sent, two have been returned and are being processed. Loan Underwriting and Approval Process In this process, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to determine eligibility per program guidelines. In addition, staff conducts an inspection of the unit, prepares a work write up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for execution, and reserves the required loan funds. Two homebuyer assistance loans were approved during the third quarter of the fiscal year, and Table 1 provides details on these loans. Table 1 _ Loans Annroved During This Otjarter Address Loan Amount Loan Type 1227 Camille Street $126,291 Homebu er Assistance 4809 Edinger Street $224,800 Homebu er Assistance Chart 2 shows the number of loans approved during the quarter fiscal year to date. Construction Process s During this phase, homeowners receiving 8 rehabilitation loans are guided through an open 7 selection of contractors to complete the work on 6 their homes. Each homeowner is given a list of contractors that have been screened by staff for 5 license and insurance requirements. However, 4 homeowners are allowed to select any contractor that meets these same requirements. Staff assists 3 the homeowners in selection of a contractor, 2 monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not excE:ed available funds. At o the end of this quarter there were five homeowner rehab projects under construction. lP-j MA Chart 2: Loans Approved During Quarter & FY to Date FY to Date (8) FY to Date (3) 3rd Quarter (2) Homebuyer Assistance Homeowner Rehab Quarterly Report for Housing Division Projects and Activities (Jan -March 2013) June 3, 2013 Page 3 Loan Portfolio Management and Monitoring The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As of the end of this quarter, the principal balance was $107,119,055. This is comprised of 496 loans of which 441 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $179,626 in payments of principal and interest during the quarter: Table 2: Portfolio Revenue Residual Receipts Payments $115,012 Amortized Loan Payments $64,614 Total $179,626 As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During this quarter, staff received and processed 76 owner - occupancy recertification letters. Six second - request letters were mailed to homeowners that were non - responsive. During this quarter, staff also conducted code compliance inspections for 164 units in eight projects. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to insure they also meet City code requirements. The majority of the inspected units as well as the grounds and common areas were found to be in compliance at the time of initial inspection. Some of the units had minor deficiencies including peeling paint, loose toilets, inoperable burners, faulty GFCI outlets, inoperative smoke alarms and carbon monoxide detectors. All of the deficiencies were repaired and the units were found to be in compliance at the time of the subsequent re- inspection. Development Projects NSP 1 Program The federal Neighborhood Stabilization Program (NSP) is intended to target and stabilize communities hardest hit with foreclosures. To date, the City has received all three NSP awards for which it was eligible. The first award (NSP 1) came through a noncompetitive process in the amount of $5,795,155. Under its term requirements, all grant funds needed to be obligated by September 5, 2010, and expended by March 26, 2013. In addition, NSP grantees must expend at least 25% of the funds on households that have very low- incomes. The City has exceeded all of these requirements. All of the NSP 1 grant funds were obligated by August of 2010, and by the end of this quarter we had already expended more than $6.8 million or 119% of its grant amount. The amount spent is greater than the grant amount because it includes program income. The City has spent $2.4 million, or 34% of all its NSP 1 funds, on projects that serve very low- income households exclusively. During this quarter, Santa Ana WBBB L.P. completed the construction of i Lei P& Quarterly Report for Housing Division Projects and Activities (Jan -March 2013) June 3, 2013 Page 4 a 36 -unit multi - family housing project located at 605 E. Washington. NSP 1 funds were utilized to acquire the site. NSP 1 is only operating with program income, and these funds will diminish over time. NSP 2 Program The City's second award (NSP 2) for $10 million was received through a highly competitive process in which only 15 local government agencies were successful. Most awards were made to nonprofit consortiums. Under the terms of this award, there is no obligation deadline to meet; however, there is an expenditure deadline. In the first quarter, HUD approved a technical amendment to allow the City to close the DPAP activity and move the remaining $336,860 to the Single - Family Acquisition - Rehabilitation activity. During this quarter, two properties were sold and one property is pending sale. Tables 3 and 4 provide additional detail. Table 3: NSP2 Sinale Familv Properties Sold During This Quarter Property Address Silent 2" Income Level 1227 W. Camile $10,000 Moderate 328 E. Harwood Place $10,000 Moderate Table 4: NSP2 Sinale Familv Properties Pendina Sale Property Address Silent 2" Income Level 705 S. Kilson $10,000 Moderate The partnership of Orange Housing Development Corporation and C &C Development was also selected to implement the NSP2 Multifamily Acquisition /Rehabilitation Program. To date, the partnership has utilized $3.94 million in NSP 2 funds to acquire a 26 -unit multi - family property at 326 S. Garnsey Street. The property was rehabilitated by the partnership and the units are now 100% leased. NSP 3 Program The U.S. Department of Housing and Urban Development (HUD) has allocated the amount of $1,464,113 in NSP 3 funds to the City of Santa Ana. To receive these funds the City adopted a substantial amendment to its Annual Action Plan, and submitted it to HUD on February 28, 2011. The amendment was approved, and the City signed a grant agreement with HUD on March 10, 2011. The grant activities are: • Acquisition /Rehab /Resale -50 Percent of Area Median Income • Acquisition /Rehab /Resale -120 Percent of Area Median Income • Administration 19D -4 Quarterly Report for Housing Division Projects and Activities (Jan -March 2013) June 3, 2013 Page 5 The City's intermediary ANR has been actively seeking foreclosed properties in the NSP 3 target area. During this quarter, one property located at 1223 Baker Street was acquired and is currently being rehabilitated. The rehabilitation will be completed during the first week of April 2013. As required by regulations, comprehensive detailed quarterly reports on all of the City's NSP Programs are posted on the City's website at http: / /www.santa - ana.org /cda /NSP.asp. In -Fill Development Projects The construction of Santa Ana Station District Phase I, a 74 -unit large- family affordable rental housing project, is nearly completed and expected to be finalized in April 2013. The construction of Phase II, an additional 40 units of large- family affordable rental housing consisting of the rehabilitation of existing structures (15 units) and new construction (25 units), is completed and fully leased. Phase III, a for -sale housing project to be developed by City Ventures consisting of approximately 24 units of large family homes, is currently in plan review. The completion of Vista Del Rio, a 41 -unit handicapped - accessible affordable rental housing project located at 1600 Memory Lane, is imminent and construction is expected to be finalized in May 2013. Santa Ana WBBB L.P. completed the construction of a 36 -unit multi - family housing project located at 605 E. Washington and the units are currently being leased. During this quarter, Habitat for Humanity of Orange County completed the construction of a single - family dwelling located at 1029 McLean Drive. A single - family dwelling constructed during the second quarter, located at 4809 W. Edinger, was sold during this quarter to a low- income homebuyer. Three additional single - family dwellings at 160 E. McFadden Avenue, 1114 S. Cypress and 1121 S. Cypress Avenue are currently under construction and expected to be completed in July 2013. FISCAL IMPACT There is no fiscal impact associated with this action. 6" 'C' Sandra D. Gottlieb Acting Executive Director Community Development Agency SDG /SLB /kg 19D -5 �'J i�l REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: AUTHORIZATION TO RELEASE REQUESTS FOR QUALIFICATIONS FOR SPECIALIZED LEGAL COUNSEL SERVICES Cl ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Attorney to issue request for qualifications for specialized legal services. DISCUSSION Background The Santa Ana City Attorney's Office (CAO) is responsible for providing all legal services for the City of Santa Ana, its related entities and City boards and commissions. In recent years the CAO has reduced full time attorney staff from 15 to seven at the present time. The City Council's approval of a hybrid City Attorney has created an opportunity to carefully examine the work being done by the office from both a private and public sector approach. This opportunity has resulted in the establishment of practice groups, an analysis of the equivalent "billable hours" capacity in the office, the identification of technologies to increase productivity and efficiency and acknowledgment that certain specialized legal services are best provided by outside legal counsel. Analysis In the CAO's proposed two -year budget for 2013 -15 the City Attorney identified actions to support the two -year approach. One item was to contract out "specialized services" rather than providing these services on a more costly "on- call" basis. The City currently has existing agreements with law firms to provide various services. These agreements have various terms and in some cases have not been reviewed for more than five years or more. The RFQ process will allow the CAO to identify competitive proposals and 19E -1 Authorization to Release RFQ for Legal Services June 13, 2013 Page 2 recommend to the City Council two firms to provide services in the various broad practice areas should qualified firms be identified: 1. General Tort Defense (personal injury and property damage) 2. Police Tort Defense (state and federal court) 3. Labor and Employment Transactions, Administrative Proceedings and Litigation 4. General Municipal Law Advisory Assistance 5. Revenue and Financing (bonds, Prop. 218 and taxation) 6. Code Enforcement, Receiverships and Prosecution of Code Violations 7. Successor Agency Assistance 8. Land Use and CEQA The selected firms would enter into an agreement for a term of no more than three years. Services would be rendered at the request of the CAO based on service needs. FISCAL IMPACT The City currently contracts for outside counsel legal services at an estimated cost of $400,000 to $500,000 for liability (account 08009051 62300); $50,000 for Red Light Camera enforcement (account 01114405 62300); over $100,000 for Community Development activities and related Successor Agency (account 67118021 62300); $100,000 for labor and employment (account 01109050 62300) and several hundred thousand for various other legal services. The City will continue to incur costs in these areas and the amounts are budgeted through the Risk Management Fund and various departments. The proposed CAO budget also reserves the costs of one full -time attorney position for contract services. Sonia R. Carvalho City Attorney APPROVED AS TO FUNDS AND ACCOUNTS '� ka'�C�Ik% 'IL ILNp '..� Francisco Gutierrez Executive Director Finance & Management Services Agency 19E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE 2012 JUSTICE ASSISTANCE GRANT FOR THE ANTI- DRUG ABUSE ENFO EMENT TEAM CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing the 2012 State Justice Assistance Grant in the amount of $113,723 and appropriate same into the 2012 State Justice Assistance Grant fund. DISCUSSION The State Justice Assistance Grant (JAG) provides funds to support the County -wide Anti -Drug Abuse (ADA) Enforcement Team Program. This multi - jurisdictional drug task force was created to combat street to mid -level drug sales, manufacturing, and distribution. The ADA Enforcement Team integrates federal, state, and local law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination and intelligence in the facilitation of multi - jurisdictional investigations. The County of Orange administers the funding for this program, and $113,723 has been allocated to the City of Santa Ana Police Department for FY 2012 -13. This funding covers approximately two - thirds of the salary and benefits of a Police Investigator who is assigned to assist the ADA Enforcement Team. FISCAL IMPACT Approval of the appropriation adjustment with the acceptance of these funds will increase the City's Justice Assistance Revenue Account (account #12814002 - 52030) in the amount of $113,723, and will increase the same into the City's Justice Assistance salary and benefits expenditure accounts (account nos. 12814412 - various 13472501064). 20A -1 Appropriation Adjustment 2012 JAG ADA Grant June 3, 2013 Page 2 c Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: AL�sa5�r Francisco Gutierrez Executive Director Finance & Mgmt Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: CONTRACT RENEWAL WITH UNITED RENTALS, INC. FOR EQUIPMENT RENTAL AND CONCRETE (SP . 12 -038) MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with United Rentals, Inc. for equipment rental and concrete for a one year period in an amount not to exceed $40,000. DISCUSSION City agencies rent equipment for special projects and a variety of routine duties. For one -day projects, it is more cost - effective to rent in -lieu of purchasing the equipment. Rentals include but are not limited to generators, electric power snakes, skid steer loaders, forklifts, concrete saws, compressors, sod cutters, and stake bed trucks with lift gates. In addition, small quantities of concrete are purchased to allow for quick and easy use for minor repair projects. On June 4, 2012, the City Council awarded a contract to Untied Rentals, Inc. for a one -year period with provisions for three, one -year renewals. United Rentals, Inc. has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses account (no. 63001). Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency sp 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: CONTRACT AWARD TO EN POINTE TECHNOLOGIES SALES INC. FOR VMWARE SUPPORT CONTRACT RENEWAL (SPEC. NO. 13 -02 CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to En Pointe Technologies Sales, Inc. for the purchase of a VMware Support Contract in the amount not to exceed $38,600. DISCUSSION The City of Santa Ana's Information Services Division - Operations (ISD -Ops) supports the computing centers in both City Hall and the Police Department. These computing centers house the computer servers which hosts all the enterprise computer systems, enterprise computer services, and SAPD computer systems. These systems and services are critical to the operations of the City. As part of the equipment replacement plan, ISD -Ops has converted physical servers to newer virtualized server technology. This new technology enables the ability for one physical server to run multiple "virtual" computer servers. This is accomplished by utilizing specialized software to simulate physical computer devices. The use of virtualization technology will continue to reduce hardware costs, power consumption costs, and provided a more flexible and reliable computer hosting environment. VMware has been the chosen virtualization software by the City since 2008 and their products have proven to be very reliable and cost effective. In order to maintain the 24x7 service levels required by the computer systems and services centers, on -going software maintenance and support services for the VMware is necessary. The various terms of software support are due to expire between the months of May and September of 2013. Staff recommends the purchase of renewals for the support contracts. 22B -1 Contract Award for VMware Support Contract Renewal June 3, 2013 Page 2 The notice inviting bids was advertised on April 25, 2013 and bids were solicited. A summary of the bid invitations and bids received is as follows: 5 Invitations For Bid emailed 3 Bids received Bids were received and opened May 7, 2013 (Exhibit 1). The bid from En Pointe Technologies Sales Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency EG G I Contract Award for VMware Support Contract Renewal June 3, 2013 Page 3 IFB 13 -022 VMWARE MAINTENENANCE RENEWAL BIDS OPENED 5 -7 -13 AT 2PM Offers received VENDOR CITY OFFER En Pointe Technologies Sales Inc Gardena, CA $ 38,595.57 GovPlace Irvine, CA $ 41,273.90 Insight Public Sector Tempe, AZ $ 47,119.31 Exhibit 1 �N :151 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: CONTRACT AWARD TO NEW TECH SOLUTIONS INC. FOR CISCO NETWORK SWITCH UPGRADES (SPEC. NO. 13 -0 T-Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to New Tech Solutions Inc. for the purchase of a Cisco network switch upgrades in the amount not to exceed $77,000. DISCUSSION The City computing environment (i.e. technology hardware, software and services) are critically dependent on the underlying network infrastructure. This complex set of connections ties technology devices, application systems and services together. The City's network serves the business operations of all Agencies and Departments providing connectivity between every City operating location. It also connects the City to the outside computerized world. A key component of the City network is a core router servicing City Hall. This piece of network gear performs as the main switching computer used on the primary connection links (backbone) of the City Hall portion of the City network. This switching computer requires an abundance of power since it is specialized to transfer large data volumes. The City Hall core switch supports over 165 servers; which, host all critical computing functions including Lawson financial system, the payroll system, the Library management systems, SAPIN system, email services, Internet services, etc. The current core router has reached its useful life and manufacturers support period. The volume of City Hall network traffic continues to increase and in order to accommodate the traffic volume the core router must be replaced. 22C -1 Contract Award for Cisco Network Switch Upgrades June 3, 2013 Page 2 In addition, to support web -based applications there is a requirement for a specialized network switch. The hardware, related support, and licensing will provide the infrastructure for secure network traffic. The notice inviting bids was advertised on April 25, 2013 and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations For Bid emailed 6 Bids received Bids were received and opened May 14, 2013 (Exhibit 1). The bid from New Tech Solutions Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Technology Plan Miscellaneous Citywide Projects account (no. 10910146- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency EG Contract Award for VMware Support Contract Renewal 22C -2 Contract Award for VMware Support Contract Renewal June 3, 2013 Page 3 IFB 13 -023 CISCO NETWORK SWITCH UPGRADES BIDS OPENED 5 -14 -13 AT 2PM Offers received VENDOR CITY OFFER New Tech Solutions, Inc. Fremont, CA $ 71,106.00 OM Office Supply Inc Mechanicsburg, PA $ 72,076.25 Inx LLC, a Presidio Company Newport Beach, CA $ 74,502.23 Howard Technology Solutions Ellisville, MS $ 78,097.98 New Technical Solutions, Inc Chula Vista, CA $ 79,850.00 Business Services Longboat Key, FL $ 209,310.88 *Offer does not include tax at 8.00% Exhibit 1 22C -3 22C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: CONTRACT AWARD TO DELL CORP FOR COMPUTERS AND SERVER EQUIPMENT (SPEC. NO. 13 -028) MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls'Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Dell Computer Corporation for the purchase of computers and server equipment for the Public Works Agency, the Planning & Building Agency and the Parks, Recreation and Community Services Agency, in an amount not to exceed $104,000. DISCUSSION The City of Santa Ana operates and maintains over 1,800 computers throughout the organization. Current hardware inventory is between four and ten years old and becoming obsolete. In order to address this need, the Finance & Management Support Services Agency, Application & Tech Support Division will be developing a needs assessment study over the next two years to replace and upgrade computers and hardware throughout the City. The Public Works Agency and Planning & Building Agency utilize 255 computers to carry out daily operations. However both agencies have identified a total of 64 computers that are beyond repair and as such will need to be replaced. In the PWA, most desktop computers are used by engineers to create plans for City projects. In the PBA, desktops are used for permitting, planning, and code enforcement - related activities. The purchase of new desktops, laptops, and server equipment will be issued to the areas identified as having the greatest need to ensure continued service to the public. Additionally, this contract award includes seven computers for the Teen Space Center at the City's Main Library managed by the Parks, Recreation and Community Services Agency (PRCSA). These computers will be for public use and will be funded by the Library Service and Technology Act (LSTA) Grant monies through the California State Library. 22D -1 Contract Award to Dell Corp for Computers and Server Equipment June 3, 2013 Page 2 Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California multi -state cooperative agreements for commodities, IT goods and services, and telecommunication goods and services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of goods and services. Dell Computer Corporation is a manufacturer offering WSCA pricing. FISCAL IMPACT Funds are available in Public Works Administrative Services account ($89,000 in 10117601- 63001), Planning & Building Agency - Planning account ($8,100 in 01116510- 63001) and Library Grants account ($6,900 in 15411193 - 13151701102). Rau Godinez II Executive Directo Public Works Agency y M. Trevino Executive Director Planning and Building Agency RG /M M /EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Gerardo Mouet Executive Director Parks, Recreation, & Community Services Agency 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: CLERK OF COUNCIL USE ONLY: APPROVED CONTRACT INCREASE TO ADD ❑ As Recommended STREETLIGHTS TO FIRST STREET ❑ As Amended BRIDGE REPLACEMENT OVER THE El El on 1St Reading ❑ Ordinance on 2 "d Reading SANTA ANA RIVER (PROJECT NO. ❑ Implementing Resolution 061723) / /� ❑ Set Public Hearing For_ / CONTINUED TO FILE NUMBER RECOMMENDED ACTION Increase the contract with Powell Constructors, Inc., for the construction of the First Street bridge replacement over the Santa Ana River by $250,000 for a total estimated contract amount of $8,065,000, and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. DISCUSSION On March 21, 2011, the City Council awarded a construction contract for the First Street bridge replacement over the Santa Ana River to Powell Constructors, Inc., in the amount of $6,010,329 plus a contingency amount of $1,202,066, totaling $7,212,395. On January 17, 2012, the City Council approved an increase of $602,605 which raised the contract total to $7,815,000. The additional costs were related to a significant redesign of the bridge foundations that eliminated conflicts with interfering power lines, resulting from the inability of the utility company to de- energize and relocate its lines. The restriction of constructing the bridge one -half at a time and only during the dry season (six months), as determined by the Orange County Flood Control District, caused scheduling delays that also affected contract costs. Other extra costs were attributed to added enhancements to the bridge, including architectural details to the railings, erecting sound walls, and for general unforeseen underground conditions. Fortunately, due to unpredictability of the highly competitive construction market, the original construction bids were significantly lower than the engineer's cost estimate. That resulted in making additional grant funds available to the project for eligible scope expenditures. Even with major redesign efforts and cost increases to the project, approximately $500,000 in grant funding is still available for this bridge construction project. 23A -1 Contract Increase for First Street Bridge Replacement June 3, 2013 Page 2 Staff is recommending using these grant funds to complete two additional improvements: (1) Install streetlights and required appurtenances, including upgrading the lamps to energy efficient LED lamps, which will provide significant annual savings to the City; and (2) install a planter with vines along the concrete masonry wall located at the southwest corner of the bridge, which will help suppress graffiti. At the time the bridge was under design, streetlights were not part of the scope due to funding constraints and, therefore, the construction contract did not include streetlights. However, the positive financial position of the project would allow completing the streetlight installation, since this project has designated grant funds still available. Staff has designed structural reinforcements for each streetlight location on the bridge, and the cost of those structural retrofits can be covered within the existing contract. However, the cost to install the 20 streetlight standards, conduit and wiring, lamps, controller, and the site improvements will exceed the current Council- approved contract. Since these improvements are eligible for grant reimbursement, it is recommended that the contract be increased by $250,000 to complete these project enhancements and close out the project. ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. FISCAL IMPACT Funds for the contract increase of $250,000 are available in the Measure M Street Construction Fund (Account 03217660- 66220) and the Select Construction Fund (Account 05917660- 66220). Rau Godinez II Executive Director Public Works Agency RG:WG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency --r REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD TO KASA ❑ As Recommended CONSTRUCTION, INC. FOR FLOWER ❑ As Amended STREET BIKE TRAIL GAP CLOSURE El El on 1S` Reading ❑ Ordinance on 2 d Reading (PROJECT NO. 122620) ❑ Implementing Resolution ❑ Set Public Hearing For i ITY ,MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to the lowest responsible bidder, KASA Construction, Inc., in accordance with the Base Bid plus Bid Items Nos. 47 and 49 of Additive Alternate 1, totaling $1,037,942.50 for the construction of the Flower Street Bike Trail Gap Closure. 2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of $1,307,520. DISCUSSION The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24 -mile regional trail that meanders through the city. It is also part of the Orange County Transportation Authority (OCTA) Commuter Bikeways Strategic Plan which provides facilities for biking, jogging, and walking. The Flower Street Bike trail is adjacent to local elementary, intermediate, and high schools, and also to the South Coast Metro Arts and Entertainment District, South Coast Plaza, and Metro Pointe shopping center. On June 21, 2010, the City Council authorized the application for project funding through the Transportation Enhancement (TE) Program administered by OCTA. OCTA authorized TE federal funding up to $500,000 for the Flower Street Bike Trail Gap Closure Project. Additionally, the State Recreation Trail Program approved funding in the amount of $550,000. As a condition of these grants, $337,000 has been set aside as a City match under the Parks Acquisition and Development Fund. This project consists of installing a 10- foot -wide asphalt bicycle trail, including irrigation and landscaping, along the flood channel that runs parallel to Flower Street, from MacArthur to Sunflower, as shown in Exhibit 2. The project will also include a pedestrian plaza and trailhead entry sculpture on the northeast corner of Flower and Sunflower Avenue. 23B -1 Contract Award to KASA Construction, Inc., for Flower Street Bike Trail Gap Closure June 3, 2013 Page 2 The proposed project will accomplish the following objectives: a) Provide regional commuter linkages within (and beyond) the city limits and expand commuter opportunities on a regional level by closing the existing gap between Sunflower and MacArthur. b) Expand recreational opportunities on a regional level, as the Golden Loop Trail provides linkages to extensive trail systems throughout Santa Ana and Costa Mesa that connect to other neighboring cities in Orange County. c) Increase the safety of walkers, joggers, cyclists, skaters, and equestrian users, and allow full trail accessibility for persons with disabilities. d) Address neighborhood concerns regarding the appearance of this section of Flower Street. These proposed improvements will provide commuters with a safe, environmentally friendly trail that will connect more residents to recreational amenities and activity centers in the city and around the county. Additionally, due to the favorable bid results, staff recommends including Bid Item Nos. 47 and 49 of Additive Alternate 1 as part of this award. Those work items add security lighting and an eight -foot wrought -iron fence in the amount $110,000. The Notice Inviting Bids was advertised on March 15 & 16, 2013, and bids were opened on May 14, 2013. A summary of the bid invitations mailed, bids received, and bid results is as follows: Contractor Participation Data Santa Ana contractors receiving notices: 16 Contractors requesting bidding documents: 30 Bids received: 8 Bids received from Santa Ana contractors: 0 Bid Results Summary RANK BIDDER NAMES LOCATION BASE BID 1 KASA Construction, Inc. Ontario $927,942.50 2 Diversified Landscape Management, Inc. Corona $948,385.04 3 GMC Engineering, Inc. Tustin $970,000.00 4 YAKAR San Dimas $1,036,706.75 5 Excel Paving Company Long Beach $1,073,862.40 6 Vido Samarzich, Inc. Alta Loma $1,131,012.00 7 Patriot Contracting & Engineering, Inc. Yorba Linda $1,227,312.00 8 Coppertop Enterprises, Inc. Costa Mesa $1,441,601.11 W Contract Award to KASA Construction, Inc., for Flower Street Bike Trail Gap Closure June 3, 2013 Page 3 A total of eight bids were received and deemed responsive. The lowest responsive bid was received from KASA Construction, Inc. in the amount of $927,942.50, and it compares favorably with the Engineer's Estimate of $1,028,100. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions Environmental Review No. 2006 -197 was filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT A Project Cost Analysis, as shown in Exhibit 1, determines that the total funds needed to deliver the project are $1,307,520. That total includes the construction contract, construction administration, testing, and contingencies. The total funding available to this project is $1,387,000 in the Select Street Construction Fund (Account 05917660 - 66220), the National Recreational Trails Fund (Account 17213240 - 66220), and the Parks Acquisition and Development Fund (Account 31313260- 66220). V(� q, - Raul Godinez II Executive Directo Public Works Agency Gerardo Mouet Executive Directorl' Parks, Recreation, Services Agency RG /ET and Community Exhibits: 1. Cost Analysis 2. Project Location Map APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency W :151 COST ANALYSIS PROJECT NO. 122620 CONTRACT AWARD FOR FLOWER STREET BIKE TRAIL GAP CLOSURE Construction Contract $1,037,943 Contract Administration $51,300 Inspection and Testing $34,200 Survey $18,007 Contingencies $166,070 TOTAL ESTIMATED PROJECT DELIVERY COST $1.307.520 EXHIBIT 1 W : A Description: Flower Street Bike Trail Gap Closure- Construction of a 10 -foot wide by one -half mile long asphalt bicycle trail, including landscaping, irrigation, security lighting, wrought iron fencing and trailhead plaza. J F`J MACARTHUR SUNFLOWER ST /mow PROJECT RPSTPLE: 5063 (143) 12 -2620 �lJi[1.1 r, ■ AGENp� p M: FLOWER STREET BIKE TRAIL GAP CLOSURE JUNE 3, 2013 SUNFLOWER TO MACARTHUR PAGE 1 OF t EXHIBIT 2 23B -5 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended AGREEMENT FOR ANIMAL SHELTER ❑ As Amended ❑ Ordinance on 1St Reading SERVICES WITH THE COUNTY OF ❑ Ordinance on 2nd Reading ORANGE ❑ Implementing Resolution l / ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 'CITh`MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with the County of Orange to provide animal shelter services in an amount not to exceed $1,068,799, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City has contracted with Orange County Animal Care to provide animal shelter and impound services since 2003. The City recently received the annual Animal Care Notice of Intent to continue with these services for FY 2013 -14. The contract amount for this period is estimated to be $1,068,799, which represents an increase of 5% over the current agreement. This is the first budget increase for these services since fiscal year 2008 -09. The projected expense is based on the County's estimate of our utilization of their services and may end up being less if actual fee revenues come in higher than expected. Staff continues to evaluate other shelters throughout the county and the Orange County Animal Care facility is the only one that can meet our shelter and impound needs. Orange County Animal Car continues to provide these services in a satisfactory manner. FISCAL IMPACT Funds are available in the Police Department's Animal Services contract services account (account no 01114430 62300). :c /K, - " Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 25A -1 25A -2 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SANTA ANA July 1, 2013 THROUGH June 30, 2014 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: July 1, 2013 through June 30, 2014. COUNTY agrees to provide to the City of SANTA ANA the following Animal Care Services beginning July 1, 2013: Animal Care Shelter Services Animal Impound Services The total estimated cost for Animal Care Services specified above is $1,068,799. ® This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of SANTA ANA Representative and Title Date OC Community Resources Director Date SANTA ANA I of[ 25A -3 25A-4 A -2008 -313 I AGREEMENT FOR PROVISION OF 2 OC ANIMAL CARE SERVICES 3 BETWEEN 4 COUNTY OF ORANGE 5 AND 6 CITY OF SANTA ANA 7 JANUARY 1, 2009 THROUGH JUNE 30, 2009 8 9 THIS AGREEMENT entered into this 1st day of January 2009, which date is enumerated for 10 purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the 11 State of California (COUNTY) and the CITY OF SANTA ANA, a municipal corporation (CITY). This 12 Agreement shall be administered by County of Orange OC Community Resources 13 (ADMINISTRATOR). 14 15 WITNESSETH: 16 17 WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care 18 Services described herein; and 19 WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions 20 hereinafter set forth: 21 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 22 23 24 25 26 27 28 29 30 11 31 // 32 33 34 35 36 37 25A -5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 fl El CONTENTS PARAGRAPH 11 PAGE I. II. M. TitlePage ........................ ............................... . Contents ................ Referenced Contract Provisions ............................................................... ............................... Alteration of Teams ................ ...........,.......................,...... .........,..................... Indemnification and Insurance ............ .................................................... ............................... Notices ................... ..........,.......,...,............................. ............................... 2 3 4 4 IV. V. Severability ............................ ............................... .. ...............,...... .,............................. ....... Status of the Parties 5 5 VI. VII. VIII. IX. ............... Terin Termination ................... Third Party Beneficiary ...................... ............................... Waiver of Default or Breach .............. Signature Page ............................ 6 6 6 EXHIBIT A I. Definitions ..................... II. Services to be Provided by County ......................................................... ............................... 1 I III. Payments .............. ............................... 4 N. Financial./Operational Advisory Board .............. ............................... 4 V. Laws and Regulations .......... ............................... 5 VI. Reports .................. ............................... •.................................... ............................... VII. Records ................................................................................................... ............................... 6 EXHIBIT B Animal Care Notice of Intent ...................... ............ 1 Page Santa Ana 2 of 7 2:1ASRt08- 001795 OC Anuna! Carc Master AgreemenOAni215A4.6 Master.Doc ACSICRAKKm 1 REFERENCED CONTRACT PROVISIONS 2 3 Terns: JANUARY 1, 2009 through JUNE 30, 2009 4 5 Notices to COUNTY and CITY: 6 7 COUNTY: County of Orange 8 OC Community Resources 9 Director's Office 1770 North Broadway 10 Santa Asia, CA 92706 -2642 11 and 12 County of Orange 13 OC Community Resources 14 OC Animal Care Director 15 561 The City Drive South Orange, CA 92868 16 17 18 C1TY: Cathy Standiford 19 Assistant City Manager 20 City of Santa Ana 20 Civic Center Plaza 21 Santa Ana, CA 92701 22 23 24 25 26 27 /! 28 29 30 31 32 33 34 35 36 37 Santa Ana 3 of 7 ZAAW08- 001795 CC Animal Care Master Agreement\Ani2- X-7 Master. Doc ACSICRAKKoc J Ll I I. ALTERATION OF TERMS 2 This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by 3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of 4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No 5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless 6 made in writing and formally approved and executed by both COUNTY and CITY. 7 8 II. INDEMNIFICATION AND INSURANCE 9 A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, 10 officers, employees, agents and those special districts and agencies for which COUNTY's Board of 11 Supervisors acts as the governing Board ( "COUNTY 1NDEMNITEES ") harmless from any claims, 12 demands, including defense costs, or liability of any kind or nature, including but not limited to personal 13 injury or property damage, arising from or related to the services, products or other performance 14 provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a 15 court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY 16 INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the 1.7 court. Neither party shall request a jury apportionment. 18 B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, 19 employees, agents, directors, members, shareholders and /or affiliates harmless from any claims, 20 demands, including defense costs, or liability of any kind or nature, including but not limited to, 21 personal. injury or property damage, arising from or related to the services, products or other 22 performance provided by COUNTY pursuant to this Agreement. If judgment is entered against 23 COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of 24 CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither 25 party shall request a jury apportionment. 26 C. Each party agrees to provide the indemnifying party with written notification of any claim 27 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days 28 of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, 29 each party shall cooperate with the indemnifying party in its defense. 30 D. Without limiting CITY's indemnification, CITY warrants that it is self- insured or shall maintain 31 in force at all times during the term of this Agreement, the policy or policies of insurance covering its 32 operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY 33 shall provide evidence of such insurance. 34 E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self-insured or shall 35 maintain in force at all times during the term of this Agreement, the policy or policies of insurance 36 covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY 37 shall provide evidence of such insurance. Santa Ana 4 of 7 Z:\ASft9- 001795 OC Animal Care Master Agreement\Ani25.A{Y8- Master.Doe ACSIC'RAKKm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AMOL III. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements authorized or required by this Agreement shall be effective: 1. When written and deposited in the United States mail, first class postage prepaid and addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR or CITY; 2. When FAXed, transmission confirmed; 3. When sent by electronic mail; or 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. C. Each party shall notify the other party, in writing, within twenty -four (24) hours of becoming aware of any occurrence of a serious nature, which may expose either party to liability. Such occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any COUNTY property in possession of CITY. D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by ADMINISTRATOR. 22 IV. SEVERABILITY 23 If a court of competent jurisdiction declares any provision of this Agreement or application thereof 24 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any 25 federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or 26 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain 27 in full force and effect, and to that extent the provisions of this Agreement are severable. 28 29 V. STATUS OF THE PARTIES 30 Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly 31 responsible for the manner in which it performs the services required of it by the terms of this 32 Agreement. Each party is entirely responsible for compensating staff and consultants employed by that 33 party. This Agreement shall not be construed as creating the relationship of employer and employee, or 34 principal and agent, between COUNTY and CITY or any of either party's employees, agents, 35 consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its 36 employees, agents, consultants, or subcontractors as they relate to the services to be provided during the 37 course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be S.utta Ana 5 of 7 Z:SASM08- 001795 OC Anima{ Care Master Agreement\An2SA4 Master.Doe ACS ICRAKFCoc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 11 i entitled to any rights or privileges of the other party's employees and shall not be considered in any manner to be employees of the other party. VI. TERM A. The term of this Agreement shall commence as specified on Page 3 of this Agreement. B. The term of this Agreement shall be automatically renewed each July for twelve (12) additional months, provided no notice of termination has been given by either CITY or COUNTY in accordance with the Termination paragraph of this Agreement. VII. TERMINATION A. Either party may terminate this Agreement, without cause, upon six (6) months written notice given to other party. B. Both parties shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting. C. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement upon thirty (30) calendar days written notice given to CITY. VIII. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including, but not limited to, any subcontractors or any clients provided services hereunder. IX. WAIVER OF DEFAULT OR BREACH Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach shall not be considered a modification of the terms of this Agreement. // // Santa Ana 6 of 7 Z:IASR10 8- 00 1 7 95 OC Animal Care Master AgrecmendAni215AAV- 4 Osterl)oc ACS 1 CRAKKoo /t y, 1 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, 2 State of California. 3 4 CITY OF SANTA ANA, a municipal corporation 5 4CY 6 BY: � — DATED: "' en 7 ANAGER 8 9 10 ATTEST: 11 12 BY: DATED:.. /�d�j� 41 13 CITY CLERK 14 15 16 APPROVED AS TO FORM: 17 18 < BY: r to . DATED: � �%' -/re 19 y` �r CITY A r RNEY 20 21 22 23 24 COUNTY OF RA 25 26 27 BY: DATED: 28 29 TITLE: 30 l 31 32 33 APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL 34 ORANGE COUNTY, CALIFORNIA 35 36 BY: .. j 37 DATED:c��`. DEPUTY SantaAna 7 of 7 ZAASMGM01795 OC Animal Care Master AgreemenAAni2 SX�1s jaster.Doc ACSICRAKKao L I^'1 l►J 1 EXHIBIT A 2 TO AGREEMENT FOR PROVISION OF 3 OC ANIMAL CARE SERVICES 4 WITH 5 CITY OF SANTA ANA 6 JANUARY 1, 2009 THROUGH JUNE 30, 2009 7 8 I. DEFINITIONS 9 10 A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing 11 Animal Care Services to CITY pursuant to this Agreement. 12 B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of 13 COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, 14 the estimated cost of the services, and the effective date. 15 C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as 16 specified, by category, in Paragraph II.B. of Exhibit A to this Agreement. 17 D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by 18 COUNTY to CITY pursuant to this Agreement. 19 E. 'Fiscal Year" means a twelve (12) -month period from July through June. 20 F. "Net Cost" means Actual Cost minus Fee Revenue. 21 G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service 22 category. 23 24 II. SERVICES TO BE PROVIDED BY COUNTY 25 A. ANIMAL CARE NOTICE OF INTENT 26 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified 27 below in subparagraph II.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide 28 during the next Fiscal Year. 29 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal. Care Notice of 30 Intent which shall include, but not be limited to, a list of Animal Care Services COUNTY agrees to 31 provide, estimated costs for said. services, and the start date for those services. COUNTY shall provide 32 the Animal Care Services specified in the Animal Care Notice of Intent signed by both 33 ADMINISTRATOR or designee, and an authorized representative of CITY. 34 3. Upon mutual agreement of CI`T'Y and COUNTY, COUNTY may prepare a new or amended 35 Animal Care Notice of Intent at any time, may change due dates specified in subparagraph H.A.I. and 36 E.A.2. of Exhibit A to this Agreement, and may modify the format of the Animal Care Notice of Intent 37 attached to this Agreement as Exhibit B. Santa Ana 1 of 6 EXHIBIT A ZAIASR \08- 041795 OC Animal Care Master Agreement\ AZ!;A= e1c2faster.doc ACSiCRAKK� Alk 1 B. ANIMAL CARE SERVICES — COUNTY provides the following seven (7) categories of 2 Animal Care Services. Each category of service includes Service Details which may be added or 3 changed by ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall 4 provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent 5 for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the Agreement. 6 1. ANIMAL CONTROL SERVICES — Animal Control Services include, but are not limited 7 to, emergency response service; patrolling; impounding of stray animals and of owner - released animals; g animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and 9 impound fee collection for impounded animals; quarantine activities including home checks of animals 10 involved in bites; site inspections required to comply with vicious dog ordinances; emergency 11 transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for 12 disposal; responses to requests for assistance from law enforcement and CITY officials regarding 13 suspected criminal activities or zoning violations related to animals; advice to residents regarding 14 wildlife management or other animal concerns, not to include wildlife eradication or relocation services; 15 injured wildlife pick -up; animal license issuance and renewal, fee collection and payment services; 16 customer support regarding animal licensing; animal license billing; and delinquent animal license 17 follow -up; assistance to residents regarding potentially dangerous and /or vicious animals; impound data 18 entry; and impound animal photography. 19 2. ANIMAL CARE SPECIAL SERVICES 20 a. Animal Care Special Services include, but are not limited to animal license issuance 21 and renewal; fee collection and payment services; customer support regarding animal licensing; animal 22 license billing; delinquent animal license follow -up; animal field canvassing to locate and license 23 unlicensed animals; inspection of animal- related businesses in CITY jurisdiction in response to 24 complaints and in accordance with COUNTY established inspection schedules; and when applicable, 25 issuance of animal pen-nits for private homes. 26 b. The number of hours of canvassing provided to CITY by COUNTY will be prorated 27 based on available canvassing hours and CITY percentage of costs of Animal Care Services received by 28 CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide 29 canvassing services to cities that did not receive canvassing services in the previous Fiscal Year. 30 COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior 31 notification to cities. 32 3. ANIMAL CARE SHELTER SERVICES 33 a. Animal Care Shelter Services include, but are not limited to, retention of impounded 34 animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner 35 identification; contact of owners when animals are wearing identifi cation; sale or release of impounded 36 animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public 37 education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are Santa Ana 2 of 6 EXHIBIT A Z:1ASR10 8- 00 1 7 9 5 OC Animal Care Master Agreement) An }9ar�S =r , aster.doc ACSICRAKKoo I neither redeemed nor adopted; veterinary services and spay /neuter surgeries consistent with standards 2 established by the California Veterinary Medical Board; and necropsies on animals that die under 3 suspicious circumstances or at the request of law enforcement. 4 b. CITY may request additional retention days for healthy, non - aggressive impounded 5 animals. Additional retention days will be offered to CITY upon written approval by COUNTY's 6 OC Community Resources Director, or designee, on a space available basis only. 7 c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a g clean condition at all times, and use humane methods of care. 9 d. No animals may be donated, sold or otherwise released for the purposes of 10 experimentation, research or vivisection. 11 4, BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, 12 but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding 13 barking dog complaints, issuance of citations, and administrative hearings in response to complaints 14 received by COUNTY for barking dogs within jurisdiction of CITY. 15 5. STANDARD LICENSING SERVICES — Standard Licensing Services include, but are not 16 limited to, animal license issuance and renewal, fee collection and payment services; customer support 17 regarding animal licensing; animal license billing; and delinquent animal license follow -up. 18 6. CITY LICENSE SERVICES 19 a. City License Services include, but are not limited to, issuance of CITY animal licenses 20 at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. 21 COUNTY shall provide quarterly licensing reports to CITY. 22 b. CITY shall make its best effort to provide updated animal licensing information to 23 COUNTY. 24 7. ANIMAL IMPOUND SERVICES — Animal Impound Services include, but are not limited 25 to, data entry of impound information for each live or deceased animal from CITY, impound animal 26 photography for each live animal, owner notification of impounded animal, and posting of animal 27 photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged 28 by COUNTY. 29 C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. 30 COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior 31 notification given to CITY. 32 D. Animals which are being retained for criminal prosecutions, except for violations of animal 33 control regulations and/or ordinances pursuant to this Agreement, are not to be construed as held 34 pursuant to the services provided under this Agreement; housing will be provided at the discretion of 35 COUNTY and at COUNTY's usual and customary charges for such housing. 36 E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance 37 from CITY, its officers, agents and employees. Santa Ana 3 of 6 EXHIBIT A ZAAW08- 001795 OC Animal Care Master Agreement\ Aabu i A =e , Master.doe ACSICRAKKoo AEM a 1 III. PAYMENTS 2 A. BASIS FOR PAYMENT 3 1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in 4 Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs 5 may include services /supplies procured but not yet delivered within the Fiscal Year, 6 2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be 7 provided to CITY annually in accordance with the Reports paragraph of this Agreement. The most 8 recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in 9 determining CITY's Actual Cost of Animal Care Services. 10 3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care 11 Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Anunal Care 12 Services. COUNTY shall have all fee collection powers of CITY and shall receive full cooperation 13 from CITY to enable efficient enforcement of fee collection. 14 B. PAYMENT SCHEDULE 15 1, Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care 16 Services provided in accordance with the following payment schedule. Billings are due from COUNTY 17 to CITY within thirty (30) calendar days following the three -month Period specified below. 18 19 Period Billing Due Payment Due 20 July 1 through September 30 October 30 November 25 21 October 1 through December 31 January 30 February 25 22 January 1 through March 31 April 30 May 25 23 April 1 through June 30 July 30 August 25 24 25 2. If payment is not received by COUNTY by the payment due date specified above in 26 subparagraph III.B. of Exhibit A to this Agreement, COUNTY may cease providing any further service 27 under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 28 3. COUNTY may modify the payment schedule upon six (6) months written notification to CITY. 29 30 IV. FINANCIAL /OPERATIONAL ADVISORY BOARD 31 The parties agree that there shall be a Financial /Operational Advisory Board to advise COUNTY's 32 Director of OC Animal Care on financial and operational matters, to assess cost options, and to 33 communicate with the Orange County City Managers Association. The Financial /Operational Advisory 34 Board shall be made up of seven (7) members, six (6) members appointed by the Orange County City 35 Managers Association and one (1) member appointed by COUNTY. COUNTY may change the 36 membership configuration of the Financial/Operation Advisory Board upon twelve (12) months written 37 notification to CITY. Santa Ana 4 of 6 EXHIBIT A ZAASR108 -001793 OC Animal Owe Master Agreement%�ii�,('rye Seic�ivfaster.doc ACSICRAKK- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ?9 30 31 32 33 34 35 36 37 V. LAWS AND REGULATIONS A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services provided by COUNTY to CITY may be changed to comply with said laws, regulations, and requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact Animal Care Services provided through this Agreement. B. Upon mutual agreement between COUNTY and CITY, COUNTY will continue to enforce existing animal care ordinances that COUNTY enforced within CITY jurisdiction during the period July 1, 2007 through June 30, 2008. If COUNTY did not contract with CITY for animal care services during the period July 1, 2007 through June 30, 2008, COUNTY and CITY shall identify CITY animal care ordinances that can be enforced by COUNTY. C. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY ordinances which apply to said service, including but not limited to, those related to fees. ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision of one or all Animal Care Services to CITY or may terminate this Agreement. D. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal care ordinances. COUNTY may enforce the provisions of, and issue citations for violations pursuant to, CITY's codified ordinances. E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion. F. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY. Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify CITY, in writing, of COUNTY's decision regarding the requested exclusion. G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY in defining the manner in which enforcement of a new or amended animal care ordinance would be provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care Notice of Intent to CITY which will include reference to the CITY ordinance. H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the Payments Paragraph of this Agreement. Santa Ana 5 of 6 Z:\ASR \08- 001795 OC Animal Care Master Agreement\ A' Seryjerster.doe EXHIBIT A ACSICRAKKoo I VI. REPORTS 2 A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care 3 Services revenue and expenses for each period specified below. Said reports will be due to CITY within 4 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule 5 below: 6 7 Period Reports Due g July 1 through September 30 October 30 9 October 1 through December 31 January 30 10 January 1 through March 31 April 30 11 April 1 through June 30 July 30 12 13 B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY 14 by July 3 0: 15 1. A payment methodology report for Animal Care Services to be provided by COUNTY 16 during the next Fiscal Year and 17 2. A Fiscal Year intake and outcome report. 18 C. COUNTY may change the due dates for reports specified in subparagraphs VI.A. and VI.B. 19 above upon six (6) months written notification to CITY. 20 21 VII. RECORDS 22 A. All records created or received by COUNTY in accordance with the performance of COUNTY 23 services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such 24 form and manner as the Auditor - Controller of COUNTY shall specify. Said records shall be open for 25 examination by CITY at all reasonable times. 26 B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed 27 animal upon demand without additional expense or cost to CITY. Any such information requested which 28 is confidential pursuant to the teams of the Public Records Act shall be released to CITY pursuant to 29 government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a 30 "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and 31 understand that this procedure is required by the Public Records Act and necessitated to permit CITY to 32 obtain the information required for its use, and to allow COUNTY to disclose said information. Upon 33 receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of 34 such records, and permitted by state law to disclose them voluntarily. 35 36 37 Santa Ana 6 of 6 EXHIBIT A Z: \ASR \08 - 001795 OC Animal Care Master Agreement\ Animal Care Services Master.doe ACS [CRAKKm 25A -17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 E C EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SANTA ANA JANUARY 1, 2009 THROUGH JUNE 30, 2009 ANIMAL CARE NOTICE OF INTENT This Aniunal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: January 1, 2009 through June 30, 2009. COUNTY agrees to provide to the City of Santa Ana the following Animal Care Services beginning January 1, 2009: Animal Care Shelter Services Animal Impound Services The total estimated cost for Animal Care Services specified above is 329345. ® This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. G-r. Ana Re- aQntative and Title OC Animal Care Director Santa Ana I of I ZAASR108- 001795 OC Animal Care Master Agreement\ Animal Care Services Masterpoc 25A -18 cf /Og Date Date EXHIBIT B ACSICRAKK- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: AGREEMENT AMENDMENT FOR LAW ENFORCEMENT HELICOPTER SERVICES C Y NAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the execute an agreement amendment with the Orang e services, subject to non - substantive changes approve d annual amount not to exceed $360,474. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER City Manager and the Clerk of the Council to County Sheriffs Department for helicopter by the City Manager and City Attorney in the In October 1994, the City of Santa Ana began participating in the Airborne Law Enforcement Services (ABLE) program. ABLE was a regional helicopter program, which combined resources from the City of Costa Mesa, the City of Newport Beach and the City of Santa Ana. On July 1, 2011, the ABLE program was discontinued and the City began contracting with the Sheriffs Department for this service. On June 4, 2012 the City Council approved a two -year agreement with the Sheriffs Department for the provision of helicopter services, subject to a second year increase that is based on the County's annual operating costs an and the average time per call. Airborne Law Enforcement Services allow the Police Department to provide a rapid enhanced response to incidents posing the greatest risk to the public, including robberies, burglaries, assaults, and fleeing felons. This one -year amendment will modify the annual contract amount from $351,842 to $360,474 and cover the period of July 1, 2013 through June 30, 2014.This agreement will be funded by asset forfeiture funds and will comply with applicable regulations. In addition, the Santa Ana Police Department will provide one full -time sworn pilot/observer to the Orange County Sheriffs Department. FISCAL IMPACT Funds for this agreement have been identified in the 2013 -14 Criminal Activities — DOJ Contract Services account (no. 02614450 62300). Carlos Rojas, Acting Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: 2 4gcico _ Gutierrez, Executive Director e & Mamt. Services Agency G I FIRST AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT HELICOPTER SERVICES BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE This First Amendment to Agreement is entered into this First day of May, 2013, which date is enumerated for purposes of reference only made by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY ", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", to amend that certain Agreement between the parties commencing July 1, 2012 hereinafter referred to as the "Agreement ". 1. In accordance with Section 4.01 of ANNUAL FLIGHT HOURS, COST and PAYMENT of the Agreement, Exhibit "A" is amended effective July 1, 2013 as attached hereto. 2. All other provisions of the Agreement, to the extent that they are not in conflict with this FIRST AMENDMENT TO AGREEMENT, remain unchanged. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement in the County of Orange, State of California. CITY OF SANTA ANA DATED: Kevin O'Rourke, Interim CITY MANAGER City of Santa Ana ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura A. Rossini Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Acting Chief of Police COUNTY OF ORANGE DATED: Sheriff - Coroner APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY: /� l�L� /lam ✓�1 —� Deputy Page 2 of 2 25B -4 EXHIBIT "A" (Effective July 1, 2013) The fees set forth in this exhibit represents the total cost of service provided by the COUNTY, through its SHERIFF - CORONER (SHERIFF), to the City of Santa Ana, referred to herein as CITY for fiscal year 2013 -14. ANNUAL OPERATING COST JULY 1, 2013 THROUGH JUNE 30, 2014 $360,474 HOURLY RATE FOR HOURS IN EXCESS OF THREE HUNDRED AND SIXTY -FIVE (365) FLIGHT HOURS BETWEEN JULY 1, 2013 THROUGH JUNE 30, 2014 $987.60 The annual operating cost shall be divided into twelve equal monthly payments of $30,039.50 ($360,474 divided by 12 months). PERIOD COVERED - July 1, 2013 to June 30, 2014 (twelve -month term). Total Contract Amount For Services $ 360,474 Contracted Hourly Rate for Hours in excess Of Three Hundred and Sixty -five (365) hours annually $ 987.60 Annual Flight Hours 365 Flight Time Per Day (in minutes) 00:60 Management of flight time provided to the CITY shall be the responsibility of the SHERIFF's Special Enforcement Bureau Commander. Flight time over the City will be recorded and monitored daily for the purpose of providing service in accordance with the above table. The CITY will be provided with a detailed log of calls and flight time for each monthly billing period. Due to the inherent unknown nature in the need for airborne law enforcement service, SHERIFF will adjust daily service levels to coincide with the above table. in recognition that it will not always be possible to meet this goal (by either exceeding or falling short), SHERIFF will compensate for variations to arrive at an appropriate "daily average," on a monthly basis. Exhibit A (Eff. 7/1/13) Page 1 of 1 25B -5 I � �� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: FIVE -YEAR STRATEGIC PLAN PROCESS AGREEMENT WITH MANAGEMENT PARTNERS 116: -, . CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Management Partners, Inc. for the completion of the five -year strategic plan process in an amount not to exceed $50,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In June 2012, the City embarked in a strategic planning process and engaged Management Partners Inc. to facilitate the project. There were two phases identified for the project: Phase 1 was to establish a set of priorities for the 2012 -13 fiscal year and Phase 2 was to develop a five - year strategic plan for the City. Management Partners worked with the City Council members and the management staff beginning in June 2012 to develop the key priorities for the fiscal year and completed that part of the project in November 2012. Due to a transition in leadership, the initiation of Phase 2 of the project, the development of a five - year strategic plan, which had been scheduled to begin in December 2012, was delayed until April 2013. At that time, a Council subcommittee on strategic planning composed of Councilmembers Benavides, Martinez and Reyna was established. On April 30 and May 7, the subcommittee, together with a Department Head subcommittee of the directors of Planning and Building, Parks and Recreation, and Public Works, as well as the Interim City Manager and the Interim Deputy City Manager, met with the Management Partners representatives to determine the next steps in the process. Strategic planning is an organization's process of defining its strategy, or direction, and making decisions on allocating its resources to pursue this strategy. The five -year strategic plan will include a vision, a description of the mission of the organization, a set of values that will guide actions, a set of multi -year goals that guide decisions, strategies for each of the goals, and an action plan for implementation. The City Council and staff are committed to engaging the community in the process of developing the City's five -year strategic plan. 25C -1 Five -Year Strategic Plan Process Agreement with Management Partners June 3, 2013 Page 2 In order to complete the process of developing and defining the City's five -year strategic plan, Management Partners has proposed a work plan that will result in presenting a final project to the Council for adoption in November, 2013. The plan is estimated to require 268 hours of consulting work at a cost of $45,000; Management Partners also recommends incorporating $10,000 of contingencies for additional meetings or changes in the scope of the project into the agreement. As there is approximately $5,000 remaining in a contract with Management Partners for 2012 -13, it is recommended that the agreement for the completion of the development of the five -year strategic plan be in an amount not to exceed $50,000. FISCAL IMPACT Funds for the agreement are available in the Non - Departmental account for contractual services (account no. 01105015 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez Executive Director Finance and Management Services 25C -2 AGREEMENT FOR PROVISION OF STRATEGIC PLANNING SERVICES THIS AGREEMENT, made and entered into this day of , 2013 by and between Management Partners Incorporated, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in assisting cities with the creation of a strategic plan. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall complete a strategic plan for the City by completing all those tasks set forth in Consultant's Proposal dated May 28, 2013, a copy of which is attached as Exhibit A to this Agreement, and incorporated herein by reference (the Project). 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the City Manager, or his designated representative, and the representative of the Consultant shall be Jan Perkins or her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or 25C -3 personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a total sum not to exceed $50,000.00, payable in increments, within at least 30 days from the date that the City receives each invoice for services. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Each monthly invoice shall list milestones delivered and /or activities completed in the previous month, and the payment due therefore. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2013 or when the final strategic plan document is presented to the City, whichever is later, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 25C -4 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided Commercial General Liability Insurance is not required. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims 25C -5 for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 25C -6 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: and City Manager City of Santa Ana 20 Civic Center Plaza (M -31) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6954 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: Management Partners, Inc. Ms. Jan Perkins 3152 Red Hill Avenue, Suite 210 Costa Mesa, California 92626 facsimile (408)453 -6191 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, 25C -7 promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 25C -8 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. c. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. d. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// 25C -9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR KEVIN O'ROURKE Clerk of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney MANAGEMENT PARTNERS GERALD E. NEWFARMER President and CEO Tax ID# 25C -10 EXHIBIT A CONSULTANT'S PROPOSAL 25C -11 Management Partners May 28, 2013 Mr. Kevin O'Rourke Interim City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mr. O'Rourke: We are pleased to provide this proposal to complete a strategic planning process for the City of Santa Ana. The process of developing a strategic plan is important to the future of an organization. The public deserves to be served by a city that is grounded in a sound vision, mission and strategic direction designed to address key issues to assure a positive future. Our team members have helped many organizations develop strategic plans and we welcome the opportunity to assist the City of Santa Ana. The City of Santa Ana initiated its strategic planning project in June 2012 and Management Partners was engaged to facilitate the process. The project was divided into two phases. The first phase was launched in June 2012 and was intended to result in a set of priorities for FY 2012/13. The second phase was intended to begin in January 2013 and was to result in a five - year strategic plan. It was to have been completed in June 2013. Due to transitions in the City Manager's Office, the second phase was not initiated until recently. This proposal outlines the process and fee for facilitating the five -year strategic planning process. Status of Phase 1 Between June and October 2012, Management Partners began the first phase of the strategic planning process, focusing on FY 2012/13. The first step was to conduct individual interviews with each Councilmember to learn about their priorities for the fiscal year. These priorities were summarized and then discussed with the Executive Management Team (EMT) in a series of workshops. The EMT also identified the key priorities that their departments either intended to pursue or that were, in their opinions, critical issues in need of attention. As part of this process a subcommittee of EMT members helped guide the workshops and prepare materials for discussion by the EMT. The result of this work with the EMT was a set of priorities for FY 2012/13 in a document dated November 1, 2012. Description of Phase 2 The second phase is to create a five -year strategic plan. A strategic plan is a clear statement of where the City is going and how it intends to get there. It includes a vision, a description of the mission of the organization, a set of values that will guide actions, a set of multi -year goals that 1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191 3152 RED HILL AVENUE, SUITE 210 • COSTA MESA, CALIFORNIA 92626 • 949 222 1082 • FAx 408 453 6191 25C -12 Mr. Kevin O'Rourke Page 2 guide decisions, strategies for each of the goals, and an action plan for implementation. The action plan ensures the strategic plan is realistic and achievable. A strategic plan can provide the overall framework to link together other plans, such as economic development, capital improvement, budgeting, policy issues, organizational efficiencies and the General Plan. The following graphic shows these relationships. The City of Santa Ana desires a strategic planning process that engages community stakeholders, along with City Council and City staff so that the vision and priorities of the community are well understood by the Council and staff. The process will include completing an assessment of the City's strengths, weaknesses, opportunities and threats (SWOT). Additionally, to provide a base from which to establish goals, an environmental scan is typically conducted. It typically includes key factors influencing the City now and identifies trends that are likely to have an effect in the future. Typical data include fiscal constraints and opportunities, service demand drivers, demographic trends, policy issues, legislation, customer profiles and anticipated changes in customer base, productivity and workforce issues. The following graphic shows the key components of a strategic plan. A vision sets the focus for the future. It is a statement of where the organization is going. A mission is a statement of the purpose of the organization. It fundamentally defines what the organization stands for and what it will do. W,Wwg:� 25C -13 Mr. Kevin O'Rourke Page 3 The values of an organization drive the goals created and the process of implementation. Values provide the basis for how the organization and its members will work to achieve the mission and vision. Examples include professional excellence, innovation, responsiveness, leadership, teamwork and integrity. Goals set the framework that guides the direction and focus of the organization, budget decisions and allocation of other resources, such as staff time. They are "up on the balcony" wide views of opportunities for change and improvement and state the desired future. Goals or strategic priorities provide the "why" (larger meaning and context) of the specific actions the agency takes. They help the executive team decide which of the many worthy projects should be done and when, within available resources. Goals must be meaningful and attainable. Objectives are the means to achieve the goals. They describe an approach or method and begin to answer the question: How will we go about accomplishing the goal? They may include broad areas to pursue, rather than individual projects. To assure that the goal is achieved, later in the process each objective must be assigned to an individual, with resources identified, and incorporated into a work plan. Goal Goal Goal Goal Goal • Objective • Objective Objective • Objective • Objective • Objective • Objective Objective • Objective Objective • Objective • Objective Objective Objective Objective Performance or success indicators express the final result that is desired. Indicators (often called metrics) should answer the question: How will we know if we are successful at achieving what we set out to do? An implementation action plan is the blueprint for carrying out the strategic plan. It contains the detailed steps that must be taken to assure that the goals and strategies are achieved. Action plans provide a framework for determining specific timelines, assignments, and resource allocations. They are designed to be a management tool to help the organization assure that goals are attained and are well- suited to periodic check -in about progress, changes or challenges. An example of an implementation action plan template is shown in the following graphic. W'M�� 25C -14 Mr. Kevin O'Rourke Goal: Page 4 Objective is Kec Tasks Fiscal Year to Resources Lead Manager ? Milestones and Start/ complete (Staff, Funding. Other) Team Members Success Indicators Currentiv Needed Available Finally, reporting on progress in implementing the strategic plan is key. As part of the process, a reporting structure and timeline is created. It can range from a quarterly update of each goal and objective, to a semi -annual review, once as part of the budget process and again mid -year. Work Plan Based on our experience with strategic planning and our understanding of the needs of the City of Santa Ana, we have prepared a detailed plan of work. This framework is amenable to refinement to adapt it to your specific interests. Our process provides for on -going and meaningful collaboration between our consultants and City staff. We believe that an effective strategic plan, one that will be successfully implemented and will guide decisions into the future, requires that it be a product of the agency that is involved. We will provide expert advice, facilitation and preparation of the strategic plan document and all of its component parts. Throughout the engagement, we will be collaborating with the City's working group to ensure the desired results are achieved. Activity 1: Start Project Management Partners will begin with an initial meeting with the City's strategic planning subcommittee, which includes Councilmembers as well as staff. During this meeting we will review our detailed work plan and schedule for the strategic planning process as well as the roles of the parties. Based on your feedback, we will adjust the process as needed. During this activity we will conduct individual interviews with Councilmembers. The purpose of the interviews will be to hear each Councilmembers' opinions about vision, long- range goals, and multi -year priorities. We will summarize the results of the interviews. E 25C -15 Mr. Kevin O'Rourke Page 5 Activity 2: Obtain Stakeholder Input Next, we will obtain stakeholder input both from the community and from employees. The purpose of the stakeholder input will be to hear opinions about the future vision for the City and strengths, weaknesses, opportunities and threats (SWOT). Options for stakeholder engagement include community forums, focus groups of community members, focus groups of employees, workshop(s) with the City's management team, and on -line surveys for community members and employees. We will create specific options for this engagement that will be within the scope of the fee proposal described below, and will discuss those options with the subcommittee. Once we complete the stakeholder engagement component, we will consolidate the input received and prepare a summary document. The results will be presented in the strategic planning workshop described in Activity 5. Activity 3: Advise City on Preparation of Environmental Scan Management Partners will provide advice to City staff about preparing an environmental scan, including providing examples. An environmental scan identifies trends that will be important in preparing a plan for the future. Data sets that are typically included in an environmental scan are: • Financial forecast for the City • Economic indicators • Local demographic trends • Housing trends • Legislative mandates • Regional issues • Other issues that may be important in the future (e.g., environmental, infrastructure, service demands) The results of the environmental scan will be presented during the strategic planning workshop described in Activity 5. Activity 4: Conduct EMT Workshop to Obtain Input Next, we will facilitate a process through which EMT members will identify key priorities and issues facing the City. We will create a format for EMT members to use in preparing information. We will the design and facilitate a workshop with the EMT to discuss the priorities and issues identified by each individual. Additionally, during this workshop we will facilitate a discussion about vision, mission, values and measures of success for the strategic plan. Following the EMT workshop, we will summarize the results, which will be presented in the Council workshop described in Activity 5. Activity 5: Prepare for and Facilitate Council Strategic Planning Workshop During this activity we will prepare for and facilitate a strategic planning workshop. It will include the City Council, City Manager and EMT. The workshop will be a full day in length. The purpose of the workshop will be to create a vision and mission, articulate 25C -16 Mr. Kevin O'Rourke Page 6 a set of values, long -range goals, priorities, and measures of success for the strategic plan. To prepare for the workshop, the following tasks will be completed. Determine workshop participants and coordinate logistics. We will meet with the subcommittee to discuss who will be participating in the strategic planning workshop. We will discuss logistics of the workshop, including location, room setup and other aspects necessary to set the stage for a productive day for all participants. The workshop will be open to the public and conducted in compliance with the Ralph M. Brown Act. Prepare draft agenda. We will prepare a detailed agenda for the workshop, which may include the following components, subject to discussion with the subcommittee: • Review and discuss the results of stakeholder engagement; • Review and discuss the environmental scan; • Reach consensus on the City's vision, mission, and values; • Identify five to six goals; • Identify several measurable objectives for each goal; • Determine how success will be measured for each of the goals; and • Determine reporting and accountability mechanisms. Our strategic planning workshops are engaging and interactive and are designed to ensure full participation. We use a combination of facilitation techniques including small and large group discussions and typically change small groups at least once during the day to mix the participants. We will prepare appropriate handouts for distribution. Following the workshop, Management Partners will prepare a summary of the outcomes. Activity 6: Prepare Strategic Plan and Implementation Action Plan During this activity, Management Partners will prepare a draft strategic plan. It will contain the following components: • Vision, mission, and values • Five or six multi-year goals • Several objectives for each goal • Success indicators for each goal • Reporting and accountability mechanisms for the strategic plan We will review the draft with the subcommittee and make modifications based on its input. Once the draft strategic plan is prepared, we will facilitate a half -day workshop with the EMT to create a draft implementation action plan. This workshop will be interactive and E 25C -17 Mr. Kevin O'Rourke Page 7 engaging, working in small groups around the specific goals and objectives. We will prepare a template for use during the workshop, similar to the template shown above. For implementation to occur in an orderly and effective manner, it is important for the following elements to be identified early on: • Key tasks, • Timeline (start and completion dates), • Resources needed and currently available (and sources), • Staff assigned (including a lead person), and • Milestones and success measures. After the workshop, we will prepare a draft implementation plan. We will ask the subcommittee to review it to ensure it contains all of the information needed and is accurate. Once we have received feedback, we will finalize the implementation plan, which will become part of the strategic plan document. We will then finalize the strategic plan document and submit it to the City for adoption. Project Team Management Partners has formed an experienced project team for this engagement. The team leader will be Jan Perkins. Based on the activities and schedule, she will be assisted by Robyn Uptegraff, Amy Paul, Nancy Hetrick, Emily Lohr, and Suzanne Martin. Their qualifications are provided below. Jan Perkins, Senior Partner, has 30 years of management experience in local government. Before joining Management Partners in 2005 she served in several California and Michigan jurisdictions, including as city manager in Fremont and Morgan Hill, California. She also served the cities of Santa Ana, California; Grand Rapids, Michigan; and Adrian, Michigan. She provides assistance to government leaders in organizational analysis, leadership development, facilitation, strategic planning, teambuilding, executive coaching and performance evaluation, workforce and succession planning, and policy board /staff effectiveness. Jan has authored a number of articles, including "Hiring 2.0: 23 Creative Ways to Recruit and Keep Great Staff," which appeared in the January/February 2011 issue of Public Management magazine; "Successful Leadership," March 2005, Public Management magazine; and "The Value of Going Back to the Basics," co- authored with former Fremont Mayor Gus Morrison, June 2005, Western City magazine. Jan is an ICMA Credentialed Manager. Robyn Uptegraff, Special Advisor, has extensive public sector experience in land use planning and regulation, environmental analysis, redevelopment, economic development and community outreach, as well as strategic management, organizational development and team building. Robyn served the City of Santa Ana for 22 years, with increasing responsibility, ending as assistant city manager. During her tenure there, she provided leadership in economic development and redevelopment programs and ensured the alignment of the City's D 25C -18 Mr. Kevin O'Rourke Page 8 development agencies. She also served as executive director of the Planning and Building Agency for 11 years. Robyn conceived and led implementation of Santa Ana's Total Quality Management initiative which provided a platform for process improvement and team building throughout the organization. In addition to her public sector experience, Robyn served as senior vice president for Entitlement and Environmental Affairs for the nation's largest privately -held real estate company. Her 11 years of experience in this capacity working with public agencies provides valuable insight about public sector operations. Amy Cohen Paul, Corporate Vice President, has more than 30 years of experience in local government management, performance measurement and strategic planning. She assists public agencies in conducting organizational reviews, implementing organizational improvements, identifying alternative service delivery methods, designing and implementing performance management systems, and developing strategic and business plans. Amy was part of the original management team of the International City /County Management Association's Center for Performance Measurement and she helped produce ICMA's training materials on outcome measurement. She is the editor of the book Managing for Tomorrow: Global Change and Local Futures, and is the author of many articles in professional publications, including The Municipal Year Book. She has assisted a wide variety of clients, including cities, counties, special districts and individual government departments and agencies with strategic planning, goal setting, public engagement activities and other large and small -scale facilitations. A sampling of clients she has served include the City of Huntington Beach, California; the Orange County Cemetery District; the Solano Irrigation District; the Louisville (Kentucky) Health Department, the Hamilton County (Ohio) job and Family Services Department; the King County Sheriff's Office; the Town of Mansfield, Connecticut; and the cities of Worthington and Montgomery, Ohio. Nancy Hetrick, Senior Manager, is an experienced facilitator with expertise in strategic planning, team building, and facilitating problem - solving and process improvement initiatives. In addition, she is skilled in the areas of performance management, succession planning, organizational and process improvement, and budget development. Nancy led the County of San Mateo's Outcome -Based Management program and has supported local government clients with the design and implementation of performance measurement systems. Nancy is an excellent facilitator and trainer. She has developed curriculum and conducted training on a wide variety of topics and routinely facilitates priority- setting and team building workshops for cities, counties and non - profit boards. Nancy is certified to administer the Myers- Briggs Type Indicator assessment instrument. Since her return to Management Partners in 2006, she has led projects with local governments including the Bay Area cities of Rohnert Park, Redwood City, San Carlos, Fairfax, Orinda, Merced, Martinez, San Jose and Santa Cruz; the Sacramento Area Council of Governments; the Peninsula Library Partnership; and the Bay Area Counties of Alameda, San Mateo, Marin, Monterey, and Santa Clara. Emily Lohr, Senior Management Advisor, is an experienced analyst and writer who has worked in the public, private and non - profit sectors. She is skilled in a variety of arenas, including group facilitation, online survey development and analysis, development review, strategic IN 25C -19 Mr. Kevin O'Rourke Page 9 planning, staff development and succession planning, organizational review, and process improvement. Emily has strong analytical skills, which she applies to all types of comparative research, survey analysis, benchmarking, data base development and performance measurement. As a group facilitator, she is able to provoke thoughtful discussion while maintaining a positive group dynamic. In this capacity she has conducted many workshops, focus groups, brainstorming sessions, and process improvement group analyses to gather opinions about employees' jobs and processes. She has administered numerous online and written surveys and expertly provides meaningful information to clients about their employee and customer experiences. Since joining Management Partners in 2005, Emily has worked with local government clients throughout the western United States, including Palo Alto, Woodside, San Jose, Santa Clara, Santa Cruz, El Cerrito, and Rhonert Park, California; Bellevue, SeaTac and Bothell, Washington; Springfield, Oregon; Salt Lake County, Utah; and Surprise, Arizona. Suzanne Martin, Management Advisor, joined Management Partners in May 2010. Since that time, Suzanne has performed benchmarking analyses, organizational assessments and analytical research for a wide variety of projects, including user fee assessments, service consolidation studies, and budget stabilization projects. Having received her master's degree in public administration from San Francisco State University in December 2009, Suzanne brings expertise in conducting qualitative and quantitative research. Before joining Management Partners, Suzanne spent two years as a graduate student intern at the California Public Utilities Commission, where she conducted business services - related program evaluation and policy analysis. Suzanne is also a member of Pi Alpha Alpha. Hours, Cost and Project Schedule The plan of work outlined above will begin in May and be completed in November 2013. We will work closely with the subcommittee on scheduling so that the process remains on track with this schedule. The plan of work described above will require 268 hours of consulting work to complete. The total price for this will be $45,000. Of this, the FY 2012/13 contract will be able to pay for approximately $5,000, leaving a balance of $40,000 to be paid in FY 2013/14. In addition to this base fee, we suggest a contingency of $10,000 for additional meetings and /or stakeholder engagement that may be desired by the City, particularly since the full scope of community engagement has not yet been finalized. We have based our fee proposal on an assumption of the following level of stakeholder engagement: one community forum, two community focus groups, two employee focus groups, and an on -line survey for the community and employees. If additional engagement is desired, Management Partners would be pleased to facilitate a more comprehensive process through use of the recommended contingency. Pao 25C -20 Mr. Kevin O'Rourke Conclusion Page 10 As always with Management Partners' work, the ultimate test of a quality project is that the client is pleased with the results. We are committed to achieving that goal. If you have questions about this proposal, please contact either Jan Perkins at 949 - 202 -8870 or me. Approved for the City of Santa Ana by: Name: Title: Date: 25C -21 Sincerely, t Andrew S. Belknap Regional Vice President mi 25C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: DISTRIBUTION OF WORKFORCE INVESTMENT ACT FORMULA YOUTH FUNDS FOR PROGRAM YEAR 2013 -2014 /". ro� CIT NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve and authorize the City Manager and Clerk of the Council to execute agreements for Workforce Investment Act Formula Youth funds with the following Youth Program Operators for Program Year 2013 -2014 in the amount of $982,562. If final allocations are less than anticipated, contract amounts will be decreased proportionately to the actual amount of Youth funds awarded. A. B. C. D. E. F. Orange County Asian and Pacific Islander Community Alliance $101,340 Santa Ana Public Library $170,000 Santa Ana WORK Center STEM Youth Program Orange County Conservation Corps Orange County Children's Therapeutic Arts Center Career College of California G. KidWorks $170,000 $200,000 $180,000 $79,920 $81,302 2. Approve and authorize the City Manager and Clerk of the Council extend the term of the Memorandum of Understanding with the Santa Ana WORK Center for the Youth Service Provider Navigator to June 30, 2014 and allocate funding from program year 2013 -2014 funds in the amount of $357,990. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of May 16, 2013, by a vote of 16:0:3 (De Leon, Elliott, Fischer, Gonzalez, Knitter, Maldonado, Martinez, McMurtray, Nishimoto, Su absent; Didion, de la Riva, Jimenez -Hami abstained), the Workforce Investment Board recommended that the City Council approve the recommended actions as stated above. 25D -1 Distribution of WIA Formula Youth Funds PY 13 -14 June 3, 2013 Page 2 DISCUSSION Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and its Youth Council are required to solicit proposals and make funding recommendations in order to provide WIA services to local qualified at -risk youth. On January 17, 2013, the Santa Ana WIB authorized the Youth Council to release a Request for Proposal (RFP) seeking providers of youth services for the period of July 1, 2013 through June 30, 2014. On February 5, 2013, the RFP was released to the public with 11 agencies submitting proposals for consideration. On March 28, 2013, the RFP Review Committee, comprised of five Youth Council members, reviewed the proposals and finalized recommendations to fund seven youth service providers, which will serve 127 youth of which 40 will be in- school and 87 will be out -of- school (Exhibit 1). These funding recommendations take into account the WIA requirement to ensure at least 30 percent of the youth funds are spent on Out -of- School Youth and the Youth Council's commitment to serve the neediest youth as outlined by the Department of Labor's "New Services under the Workforce Investment Act ". These recommendations are the first steps needed to ensure that at least eighty percent of the WIA youth funds are obligated each year, as required by the Act. The Youth Service Navigator (Navigator) oversees the Youth Service Provider Network (YSPN), which is a network of youth providers funded by Youth WIA. The Navigator ensures that the youth providers meet or exceed the state - imposed performance measures and ensures that the mandated ten WIA Elements are provided within the network. The Navigator also determines eligibility for over 200 youth participants and processes various required WIA forms for all enrolled participants, as well as monitors WIA legislation, rules and regulations, and reports to the monitors /auditor conducted by the state. This year, the Navigator is enhancing services to the YSPN by offering "Road Trip Nation" to 25 youth within the network, which is a unique curriculum that exposes youth to real career leaders and their experiences, and the opportunity to conduct their own interviews with leaders in their field of interest, as well as allows them to create a Road Trip profile using multimedia technology. The Navigator anticipates providing comprehensive follow -up services to approximately 35 youth. The Service Navigator Program Plan and budget for Program Year 2013 -2014 is attached (Exhibit 2). FISCAL IMPACT Funds for these contracts will be available in the Workforce Investment Act Youth accounts (account no. 12318750 -69135 and account no. 12318755 - various) upon City Council's adoption of the Fiscal Year 2013 -2014 Budget. 25D -2 Distribution of WIA Formula Youth Funds PY 13 -14 June 3, 2013 Page 3 Sandra D. Gottlieb Acting Executive Director Community Development Agency SDG /LAO /kg APPROVED AS TO FUNDS AND ACCOUNTS: lv� Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits 1. Youth WIA Funding Recommendations 2. Youth Service Navigator Plan 3. Agreements 25D -3 25D -4 Youth WIA Funding Recommendations Program Year 2013 -2014 Agency Name Total Youth In- Out -of- Budget Enrollment School School O.C. Asian and Pacific Islander Community 15 7 8 $101,340 Alliance Santa Ana Public Library 20 12 8 $170,000 STEM 20 10 10 $170,000 Orange County 20 0 20 $200,000 Conservation Corps O.C. Children's Therapeutic Arts 25 5 20 $180,000 Center Career College of California 15 0 15 791920 KidWorks 12 6 6 $81,302 Total 127 40 87 $982,562.00 EXHIBIT 1 25D -5 o MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA ANA WORKFORCE INVESTMENT BOARD /YOUTH COUNCIL AND THE SANTA ANA W /O /R/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR This Memorandum of Understanding is entered this 1" day of July 2013, by and between the Santa Ana Workforce Investment Board ( "WlB ") /Santa Ana Youth Council and the Santa Ana W /O /R/K Center ( "Provider ") acting in its capacity as the Youth Service Provider Navigator. 1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W /O /R/K Center as their "Service Navigator" for all WIA youth services, and its eligible participants, The Service Navigator's function within the Youth Service Provider Network is to coordinate services in a mamler that eliminates bureaucracy from the participating providers. STAFFING RESPONSIBILITY OF "PROVIDER ": The Santa Ana W /O /R/K Center must provide sufficient staff to conduct the following roles: A. Assist with recruitment of potential WIA youth participants to Youth Service Provider Network B, Refer eligible youth to appropriate WIA youth providers C. Collect eligibility documentation (both at provider location and Service Navigator site) D. Certify WIA eligibility E. Ensure accuracy and timely submission of all Job Training Automated (JTA) MIS system forms F. Provide technical assistance and eligibility training to all providers G. Develop policies and procedures to ensure compliance with Federal, State and Local WIA rules, regulations and goals H. Track and maintain prografn/provider performance goals I. Coordinate co- enrollment among youth providers J. Actively participate on the Santa Ana Youth Council K. Coordinate (and provide as needed) follow -up services with providers and participants L. Process payment for services within 30 days of receipt M. Conduct an annual fiscal monitoring of youth providers funded under WIA N. Provide on -going Labor Market Information related to youth to providers O. Provide on -going ADA /EEO information/training P. Provide on -going information/training on Child Labor Laws Q. Provide legislative /regulatory updates on services, programs impacted by Youth Workforce Development EXHIBIT 2 25D -7 R. Collect, analyze and. report to Youth Council the results of the Customer Satisfaction Surveys S. Create and implement a continuous improvement project based on the results of the Customer Satisfaction Survey T. Be available and prepared for monitoring by Federal, State wid SAWIB staff 4. FOLLOW UP SERVICES: Follow -up services will be a coordinated effort between the W /O /R/K Center Service Navigator and the youth program operators. The purpose of follow -up is to determine a participant's employment and educational status after exiting the WIA program and to provide additional assistance if needed. S. BUDGET: The W /O /R/K Center acting as the "Provider ", shall provide all of the services discussed herein as well as those set forth in Exhibit A, for the monetary amount set forth in its budget attached hereto as Exhibit B. Said Budget may annually be updated as approved by the WIB. 6. DURATION: This MOU shall remain in effect until a written cancellation is submitted by either party giving a 30 -day advance notice. 7. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other. Amendments to this MOU shall require the approval of the authorized signatory for the WIB and the Executive Director for Community Development or his /her designee ( "Executive Director "), on behalf of the W /O /R/K Center, 8. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Deputy City Manager for Development Services to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the Executive Director's resolution efforts fail, any party may file a grievance with the Deputy City Manager for Development Services for review and hearing. The parties agree to be boLmd by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 9. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 10, HOLD HARMLESS: Each party to this MOU agrees to indemnify and hold . harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. EXHIBIT 2 ee� 11. DISCRIMINATION: Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, and Provider affirms that it shall comply with all applicable federal, state and local laws and regulations. 12. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney EXIIIBIT 2 ul CITY OF SANTA ANA Kevin O'Rourke Interim City Manager The City of Santa Ana Service Navigator Plan Program Year 2013 -2014 EXHIBIT 2 25D -10 EXECUTIVE SUMMARY The concept of the "Daisy Wheel" service delivery was adopted in 2002 by the Santa Ana Youth Council to provide an "All Youth One System ", where resources would be leveraged from a network of Youth Service Providers now known as the Youth Service Provider Network (YSPN). The concept allowed youth regardless of eligibility to receive services from the various Service Providers and the Santa Ana W /O /R/K Center (SAWC). The Workforce Investment Act (WIA) requires that ten program elements be delivered in a developmental approach to allow youth to receive resources that will help them overcome barriers to education and employment. The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting youth served with WIA funds. The YSPN was formulated with this principle in mind so that no one Service Provider would have to provide all ten elements, allow more youth to be served by the Service Providers through other non -WIA funding streams, and to streamline services provided to youth. The YSPN consists of Service Providers that collectively offer the ten WIA program elements in a creative and interactive manner. The concept allows the Service Provider to focus on what service they specialize in and do best. This, however, is not possible without the role of the Service Navigator. The role of the Service Navigator is critical to promote broad -based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. Funded through the Santa Ana Workforce Investment Board (WIB) and acting as the Youth Service Navigator, the City of Santa Ana W /O/R/K Center (SAWC) assumes the primary responsibility of determining youth eligibility, providing technical assistance, reviewing JTA/MIS forms for completion and accuracy, training new providers, sharing best practice in case management, providing Labor Market Information, overseeing the placement, exit, and follow -up services for youth, as well as being an active member on the Youth Council Board. In addition, the SAWC will collaborate with Roadtrip Nation to implement the Roadtrip Nation Experience Program, which was created to empower youth to map their interests to future career pathways in life. As the Service Navigator, the SAWC will work cooperatively with all Service Providers from the initial outreach, recruitment and intake process to the successful completion, exiting, and follow -up of all WIA youth enrolled in the YSPN. As the Service Navigator, the SAWC brings to the YSPN over 30 years of extensive experience administering a variety of Federal and State funded programs. Staff is well versed in both programmatic and fiscal requirements. As an on -going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping the Network meet the required performance measures through consistent oversight and guidance in intake, eligibility, case management, exit, and follow -up. Moreover, through its partnership with local businesses and organizations, the SAWC has a comprehensive realm of services and resource available to the YSPN and the youth they enroll. The SAWC will maintain communication with the youth Service Providers during the term of the contract by coordinating monthly meetings with all Service Providers for program, legislation, MIS /JTA paper work updates, and to address any questions or concerns they may have. Individual meetings with Service Providers will also be arranged to assist and address individual issues or questions. The SAWC will assist with the marketing, recruitment, outreach, and placement efforts of the YSPN. Ultimately the SAWC's goal is to provide the assistance and tools necessary to allow the Service Providers to focus on providing streamlined services to the youth of Santa Ana. A more detailed description on how the SAWC will function as the Service Navigator is explained below. 4 EXHIBIT 2 25D -11 OUTREACH AND RECRUITMENT Since the development of the YSPN, the SAWC has made it a priority to inform the public of the services and programs available through the YSPN. Through its partnerships and collaboration with community agencies, the SAWC has been engaged in planning and participating in community events, job fairs, resource fairs and conducting presentations to connect youth with the YSPN programs. Some of the major events in which the SAWC participates include the Annual Summer Youth Job Fair hosted by Employment Development Department (EDD), the Senior Transitions Day hosted by the Santa Ana Unified School District (SAUSD) and other annual events hosted by Segerstrom, Century High Schools in Santa Ana and Youth Summit, a collaboration between the Young Men's Christian Association (YMCA) and the Boys & Girls Club of Santa Ana. Utilizing the relationships we have established with the SAUSD, EDD, Orange County Probation, O.C. Social Services Agency and the Orange County Department of Education, the SAWC has been able to deepen its outreach effort to a much broader base of youth, parents, and educators in the community. The SAWC recognizes the importance of marketing the entire YSPN and its comprehensive service programs. Every effort is made to ensure that staff markets the network at all job fairs, youth oriented recruitment and outreach events, thus, benefitting all Service Providers. TRAINING & TECHNICAL ASSISTANCE For more than 30 years, the SAWC staff has successfully administered and implemented many federally and state funded employment and training programs. As an on -going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Over the years, staff has kept abreast with the latest workforce trends and legislative changes to ensure compliance with state and federal regulations. Staff has developed comprehensive training manuals, policies, procedures and conducted regular training for all Service Providers using a customer friendly and easily understood forinat. Since the inception of the Daisy Wheel YSPN in 2002, staff has also translated various complex system measurements and mandatory reporting requirements into an easily understood format for the YSPN Service Providers. As the Service Navigator, the SAWC has organized and developed the following training for all Service Providers not only to broaden staff's knowledge, but also to stay current and be in compliance with our state and federal regulations: • What is WIA? • Enrollment Strategies • Case Management Strategies • New Enrollment Intake • Eligibility /Income Calculations • Case Notes • Co- Enrollments • Exit Strategies • Credential Information • Follow -up training • Fiscal Invoicing • Disability Awareness • Fiscal Responsibility • CalJOBS Training • Common Measures For the past ten years, the SAWC, as the Service Navigator, has met with the YSPN on a monthly basis to provide monthly reports and the status of their case loads. At the monthly YSPN meetings, the SAWC reports on enrollments, activities, co- enrollment, exits, and follow -ups. As needed, the SAWC also conducts in- service training for the Service Providers and alerts them of any changes to paperwork as well as modifications to process and procedures. The monthly YSPN meeting also provides staff an EXHIBIT 2 25D -12 opportunity to share their best case management practices and updates on the changes occurred within each Service Provider. One of the goals has been to provide the YSPN with all the tools necessary to allow them to focus on providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service Providers for individualized training and technical assistance. At times, when Service Providers have experienced staff turnover, the SAWC staff readily provided needed transitional and customized training to ensure continuity and consistency of service delivery. Examples of training include eligibility requirements, intake process, activity setting, case management techniques, performance management, internal Provider policies & definitions, exit strategies and follow -up techniques. The trainings were tailored to meet the specific needs of each Service Provider. The technical assistance mentioned above has proven to be beneficial when State Monitors have performed audits of our YSPN youth files, documentation, process, and data validation. Of the last audits we received this past year, there were no major finding and their observations were positive. ROADTRIP NATION EXPERIENCE PROGRAM The SAWC through collaboration with Roadtrip Nation, an independent organization that empowers youth to define their road in life, plans to embed the Roadtrip Nation (RTN) Experience curriculum into the Service Navigator's responsibility. The goals of the RTN Experience are to inspire and excite youth about what they have or are studying in school, to connect youth's educational experience to their real world experiences, and to expose youth to pathways that are relevant to their individual hopes and dreams. The SAWC believes that bringing together youth from each Service Providers program and the program curriculum from the RTN, will help Youth gain a new perspective on education, gain exposure to life, and career pathways that they may have not otherwise known existed. The SAWC will implement Roadtrip Nation project -based curriculum with 25 youth throughout program year 2013 -2014. All youth who participate will benefit from multiple perspectives that they would not otherwise have had in their transition into adulthood. Multimedia materials and Interview Archive will be provided to all participating youth as a tool in order to help them discover their own passions and interests. Every youth will also receive a workbook to connect their theory -based online content to their real -world experience. With the Interview Archive, youth will be able to hear directly from a broad range of leaders who can describe what skills, education and /or training they needed to succeed and how they navigated challenges to attain success. The RTN Experience offers participating youth the opportunity to conduct their own interview with leaders in their field of interest. Youth will be trained on how to share their insights and create a Roadtrip Profile, The SAWC and Roadtrip Nation staff will work together to build and provide a range of support activities to maintain youth engagement. Roadtrip Nation will host a series of training sessions to provide the Service Navigator and other administrators with on- the - ground implementation information. In addition to the up -front training, Roadtrip Nation will also provide ongoing technology and administrative support to help drive fidelity throughout the term of the implementation. The signature Roadtrip Nation RV will visit a targeted site to further drive youth engagement. In essence, the RTN Experience gives youth the tools to embark on a journey of self - discovery. It is built around three overarching themes, Exposure, Self- Construction, and Hit the Road, the curriculum guides youth in exploring options, discovering their interests, setting goals and mapping out a plan for success. Hearing directly from successful individuals who have followed their dreams and navigated challenges to attain success in wildly diverse fields will provide the youth a map for getting to the next stage in their own lives. Moreover, the combination of an Interview Archive, the real world experiential learning and reflective exercises will provide youth with unprecedented exposure to pathways that are relevant to their individual hopes and dreams. EXHIBIT 2 25D -13 JOB DEVELOPMENT & PLACEMENT The SAWC has a comprehensive realm of services available through its partnership with local businesses and organization. The SAWC is an integral part of the City's Economic Development Division that also manages the Enterprise Zone Programs. The Enterprise Zone program is designed to promote business growth and job generation by offering State tax credits and highly valuable economic incentives to businesses. Many of our Santa Ana residents including youth qualify for these tax credits. It is through our experience, expertise, and partnerships with businesses and community partners, we are able to provide the community with quality job placement assistance and offer connections to a strong labor market. The SAWC will offer assistance and guidance in job placement by notifying Service Providers and youth of job opportunities, employer on -site hiring recruitments, and job fairs. SAWC will notify Service Providers daily via electronic mail and /or flyers regarding job announcements. The Youth Help Desk will also be available to assist youth looking for employment by providing them with job search assistance, job openings, resume assistance, labor market information and demand occupations. In addition the SAWC utilizes a robust job matching software to post local job openings, upload resumes, and automatically match job seekers to the openings that fit their interests, skills, and availability. As an added value, youth that are job ready will have their resume uploaded by the Navigator staff into the job matching software to assist in placing them with local companies. Furthermore, the SAWC integrated one -stop service system and various partners including EDD, allows more individual assistance for our older youth to find employment. Workshops on resume writing and interviewing techniques are just a few of the added components to help them find employment. PERFORMANCE MANAGEMENT The SAWC, through its extensive experience in administering Federal and State funded programs, understands that WIA performance management is vital to the success of the YSPN. As the Service Navigator, the SAWC prepares and trains staff on WIA performance measures and any new and updated legislation. Staff attends training through DOL and attends the annual California Workforce Association Conferences to stay updated with the most recent legislation and requirements regarding WIA. This is just one example of our commitment to helping the YSPN stay in compliance and in meeting all Federal, State, and locally mandated performance measures. The SAWC also provides training on Common Measures to allow all Service Providers to have a basic understanding of what Common Measures are and how they will affect them individually and as a network. The SAWC will provide all Service Providers with individual exit oversight. Staff will meet individually with each Service Provider to go over exit strategies for each youth actively enrolled on their case load and evaluate which youth are ready to exit the program and how their exit will impact the overall success of the YSPN. The SAWC will train all Service Providers on how to exit and follow -up on their youth in order to comply with federal, state, and local regulations. Staff will use the Navigator data base to provide reports to the Service Providers and inform them of follow -up due dates for each participant at their 30, 60, 1St, -na, ) and 0' quarter follow -up. The Service Provider will also receive updated charts and data informing them of their progress with WIA Performance Measures — individually and as a Network. This will ensure that as a network we stay informed of our planned versus actual goal attainments and that we meet all performance measurements. ELIGIBILITY DETERMINATION The SAWC as the Service Navigator will assume the primary responsibility of determining WIA youth eligibility in accordance with Federal, State, and local rules and regulations. We will train Service EXHIBIT 2 25D -14 Providers on the eligibility process, provide eligibility forms, calculate participant family income, determine participant eligibility, review and analyze participant activities, and process eligibility JTA /MIS forms. The SAWC has a designated Eligibility Technician with the experience and knowledge to determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted pre- applications, barriers, verifying right to work documents, reviewing or registering young male adults to selective service, and determining income eligibility in accordance with the Poverty Guidelines. The Technician will also ensure that proper documentation for Equal Opportunity Grievance Procedure and Participant Grievance Procedure are recorded for each participant. Upon reviewing all eligibility documentations, the Technician will inform the Service Provider of its youth's eligibility status accordingly. Moreover, the Eligibility Technician will review enrolled participant activities to ensure their accuracy, record the participants' information in a database in order to produce reports necessary to keep Service Providers informed, and forward accurate JTA forms to MIS personnel. Recommendations, suggestions or corrections are given to each Service Provider for each participant enrolled as needed to ensure that the eligibility requirements have been met and that enrollment goals for each program and the YSPN as a whole are reached. An Eligibility Flow Chart is attached (see attachment A) to provide a better understanding of how eligibility is processed. COMPLETING JTA & MIS FORMS The SAWC will ensure that JTA /MIS forms are completed accurately and submitted within the allotted timeframe. We will review all JTA /MIS forms to ensure accuracy and compliance with Federal, State, and Local guidelines. All Service Providers will be provided JTA/MIS forms, training on completion of JTA /MIS forms, and a JTA/MIS Time Line Policy. SAWC staff will be available to answer questions and provide technical assistance to all Service Provider regarding any forms. JTA/MIS forms are processed in a chronological order by the Service Provider and the SAWC. Once the application, enrollment, and youth test score forms are submitted to the SAWC for enrollment, it is the responsibility of the Service Navigator to ensure that all information is accurate, including documented youth test scores, enrollment activities, education status, in addition to making sure all forms have appropriate signatures and dates It is very important to track key information from each form in order to produce reports for Service Providers, track performance outcomes, and have the information readily available to provide guidance to the Service Provider on how to proceed with their participants at any given period. The SAWC has developed its own tracking database tailored to provide the above capabilities while giving itself the flexibility and information to provide the YSPN with specialized technical assistance. In addition to the tracking system, a reference file has been created for each youth enrolled in the YSPN in order to track JTA/MIS forms and ensure accuracy of information. The SAWC will make copies of the completed JTA/MIS forms and forward them to the MIS Unit for entry into the State data system for official enrollment. Copies of the JTA /MIS forms with an official stamp will be returned to the corresponding Service Provider. As youth activities are updated or closed, the Service Provider is to submit JTA /MIS forms along with data verification, if necessary. The SAWC will ensure their accuracy, input the data into the tracking system, duplicate the forms, and submit the forms to the MIS Unit for official recording. 0 EXHIBIT 2 25D -15 Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the best exit strategy. The objective is to make sure that the youth has received quality and necessary assistance to improve their situation and meet WIA Performance Measures. As the Service Navigator, the SAWC is responsible for reviewing every exit form, requesting data validation if necessary for all outcomes claimed, obtaining post -test score forms, malting sure that all activities are closed, and ensuring that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole. Once that has been established, all exit forms and pertinent information are inputted into the tracking system and copies are made and sent to the MIS unit for entry into the JTA system. Follow -up services will be conducted for one year for each exited participant by the responsible Service Provider. Follow -Up forms will be submitted to the SAWC for review, for input into the tracking system, for data validation, and to enter into the JTA system. JOB DEVELOPMENT & PLACEMENT The SAWC has a comprehensive realm of services available through its partnership with local businesses and organization. The SAWC is an integral part of the City's Economic Development Division that also manages the Enterprise Zone Programs. The Enterprise Zone program is designed to promote business growth and job generation by offering State tax credits and highly valuable economic incentives to businesses. Many of our Santa Ana residents including youth qualify for these tax credits. It is through our experience, expertise, and partnerships with businesses and community partners, we are able to provide the community with quality job placement assistance and offer connections to a strong labor market. The SAWC will offer assistance and guidance iii job placement by notifying Service Providers and youth of job opportunities, employer on -site hiring recruitments, and job fairs. SAWC will notify Service Providers daily via electronic mail and /or flyers regarding job announcements. The Youth Help Desk will also be available to assist youth looking for employment by providing them with job search assistance, job opening, resume assistance, labor market information and demand occupations. In addition the SAWC utilizes a robust job matching software to post local job openings, upload resumes, and automatically match job seekers to the openings that fit their interests, skills, and availability. As an added value, youth that are job ready will have their resume uploaded by the Navigator staff into the job matching software to assist in placing them with local companies. Furthermore, the SAWC integrated one -stop service system and various partners including EDD, allows more individual assistance for our older youth to find employment. Workshops on resume writing and interviewing techniques are just a few of the added components to help them find employment. PERFORMANCE MANAGEMENT The SAWC, through its extensive experience in administering Federal and State funded programs, understands that WIA performance management is vital to the success of the YSPN. As the Service Navigator, the SAWC prepares and trains staff on WIA performance measures and any new and updated legislation. Staff attends training through DOL and attends the annual California Workforce Association Conferences to stay updated with the most recent legislation and requirements regarding WIA. This is just one example of our commitment to helping the YSPN stay in compliance and in meeting all Federal, State, and locally mandated performance measures. The SAWC also provides training on Common Measures to allow all Service Providers to have a basic understanding of what Common Measures are and how they will affect them individually and as a network. The SAWC will provide all Service Providers with individual exit oversight. Staff will meet individually with each Service Provider to go over exit strategies for each youth actively enrolled on their case load 7 EXHIBIT 2 25D -16 and evaluate which youth are ready to exit the program and how their exit will 'impact the overall success of the YSPN. The SAWC will train all Service Providers on how to exit and follow -up on their youth in order to comply with federal, state, and local regulations. Staff will use the Navigator data base to provide reports to the Service Providers and inform them of follow -up due dates for each participant at their 30, 60, 1st, 2nd, 3rd, and 4th quarter follow -up. The Service Provider will also receive updated charts and data informing them of their progress with WIA Performance Measures— individually and as a Network. This will ensure that as a network we stay informed of our planned versus actual goal attainments and that we meet all performance measurements. CUSTOMER SATISFACTION Measuring customer satisfaction has always been an integral part of the YSPN program operation. As the Navigator, the SAWC is responsible collecting and analyzing customer satisfaction for the YSPN. A customer satisfaction survey tool for the youth has been developed for those enrolled in the YSPN (see attachment B). The SAWC will randomly survey participants enrolled and exited from the YSPN during the term of the program. In addition, all customer satisfaction outcomes will be reported to the Youth Council Staff for their review. We are committed to providing exceptional customer service and will strive for continuous improvement utilizing data collected and by sharing this valuable information with all youth Service Providers. FISCAL OVERSIGHT The SAWC is responsible for processing Service Provider invoices and reimbursement requests. It is the responsibility of the SAWC to ensure that all Service Providers understand that the utilization of WIA funds is to be reasonable, allowable and allocable as required by Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD Directives and City of Santa Ana policies. The accounting staff provides a mandatory annual training to all Service Providers fiscal staff regarding the necessary requirements for invoicing their program expenses. The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all programs funded by WIA. Onsite monitoring must occur at least once during the program year and includes review of fiscal records as well as policies and procedures. A written report delineating findings will be provided to all providers that will include any needed corrective actions, a timeline for accomplishing the corrective actions and include any follow -up on corrective actions. The SAWC accounting staff establishes a monitoring schedule for visiting each program operator in the YSPN. During the review, financial records are sampled to ensure accuracy and compliance with federal, state and local regulations. Technical assistance is offered when necessary to establish and maintain accurate accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to resolve any issues that arise from the monitoring. Staff follows up with the program operators to resolve findings and maintain financial records as required by regulations. FISCAL CAPACITY The SAWC is a part of the City of Santa Ana. All fiscal and procurement operations follow the policies and procedures of the City. As a part of the City's accounting system, the SAWC has various account numbers assigned that relate to specific funding sources. Revenues and expenditures are coded with account numbers relating to those funding sources. Monthly financial statements are produced based on charges to those accounts. The monthly reports indicate the line item budget amounts, expenditures against the budget and the balance remaining for each account and funding program. 8 EXHIBIT 2 25D -17 Accounts Pam YSPN service provider invoices with accompanying documentation are received and reviewed by the accounting staff for allowable and reasonable expenditures and for completeness of documentation. Any discrepancies are reported back to the Service Provider with requests for additional documentation as needed. The invoices are assigned account numbers and approved for payment. Community Development Agency Administrative staff prepares the request for payment, attach the necessary documentation and forward to the Finance Accounts Payable unit for entry into the City's accounting system. Checks are issued according to City policies and timelines. General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed by the accounting staff who assigns the relevant account code based on the chart of account established by the City. The invoices are approved and forwarded for processing and payment. At the end of the month, expense reports are prepared by account and distributed to the various agencies within the City. Payroll As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed by all staff indicating functions and programs that have been worked on during that particular pay period. That information, with the accompanying account numbers, is entered into the payroll system by the Senior Accounting Assistant. Payroll dollar amounts are posted to the accounting system and are reflected on the monthly financial reports. Procurement The SAWC follows the City of Santa Ana's procurement policies as well as federal and state regulations related to procurement. Purchase requisitions for items over $500 are entered into the accounting system and approved by the finance staff at City Hall. Buyers from the Purchasing Department review the requisitions and issue purchase orders following City policies and procedures. When the goods are received by SAWC, staff compares the goods delivered to the purchase requisition for completeness and accuracy. The purchase order paperwork is approved, signed and returned to the. Purchasing department. Payment for the goods is initiated through the Purchasing department following City procedures. ORGANIZATAIONAL STRENGTHS The SAWC brings over 30 years of experience operating various federally, state and locally funded employment and training programs, and has consistently met or exceeded performance expectations. Listed below are some of our organizational strengths. A state recognized, award - winning entity with a proven record in leadership, workforce innovation, service integration and quality services. 2. A One -Stop Center with versatility in its service delivery that is capable of addressing the needs of diverse target populations resulting in the diversification of multiple funding streams. 3. Ability to effectively leverage resources across an extensive network of partner agencies and community organization. Demonstrated fiscal stability and program sustainability over the past 20 years. 4. Exceptional track record in successfully implementing the following programs: WIA Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency Grants, Governor's 15% discretionary Grants, 25% Grants, DOL Welfare -to -Work Grant, DOL Faith -based EXHIBIT 2 W 9 -9 Feee Initiative Grant, The Santa Ana Federal Empowerment Corporation funded — Housing and Urban Development Grant - FEZ Daisy Wheel Employment and training Program, DOL — Youth Earmark Grant, the Department of Justice --- Weed and Seed Program, American Recovery and Reinvestment Act programs for youth and adults. Staff is well versed and current in workforce legislation. Through membership in State and national workforce associations, staff has the ability to access timely workforce resources as well as any pending legislative changes and to share the information with network service providers. Has a fully developed internal monitoring and performance management system in place. Comprehensive and time - tested policies and procedures manuals are updated regularly. 10 EXHIBIT z 25D -19 Attachment A Eligibility Protocol r�ftis I Into** paGr crparfts and lie Uwm iii out the el�ll ty in lr pa icets 5an�taAnal Sli Bntand Re0ew "kepattcefiS sir �t. xr °Ca"liteIncome Determine SecondBarrer Assign ErWbility Date np ut information on tracking system Mrs P�rsoiinel rnpt cr l r� into trA systi* stamps fonm anal return wpieS to mwc SAV4t c *ates aft, each entolie4 youth to referene a docu n%, Mts papework and data verification. 11 EXHIBIT 2 25D -20 Budget Form Personnet- Benefits Benefits based on salaries listed above $88,825.00 Total Personnel Salaries & Benefits $298,075.00 $298,075,00 $0.00 Operating Expenses Contractual Services $0.00 Rent $14,060.00 $14,060.00 Phones $2,040.00 $2,040.00 Professional Consultants $11,755.00 $11,755.00 Training and Conferences $1,500.00 $1,500.00 Commodities $0.00 Miscellaneous Office Supplies $4,180.00 $4,180.00 Fixed Charges $0.00 Vehicle lease* $1,350.00 $1,350.00 IT Maintenance $110.00 $110.00 IS Strategic Plan $4,235.00 $4,235.00 Insurance $7,005.00 $7,005.00 Indirect Cost* $12,680.00 $12,680.00 Miscellaneous $0.00 Transportation Passes $1,000.00 $1,000.00 Total Operating Expenses $59,915.00 $59,915.00 $0.00 GRAND TOTAL (personnel +Operating) $357,990.00 $357,990.00 $0.00 12 EXHIBIT 2 25D -21 BUDGET NARRATIVE Personnel: Economic Development Manager - .05 FTE — will oversee Youth functions as part of the Santa Ana Work Center, collaborate with community and business leaders, establish and maintain partnerships with various agencies to enhance employment training opportunities, represent Santa Ana WIB on regional and statewide boards and associations. Workforce Specialist III — I FTE — manage and oversee Youth Service Provider Network; provide technical assistance and training to service providers; supervise YSPN case managers; provide monthly performance and enrollment reports for YSPN, Youth Council, and State; mentor and follow up with youth participants as needed. Workforce Specialist II — 1.5 FTE — will determine WIA eligibility, review and approve MIS documents, provide technical assistance to service providers, assist with job readiness skills training, job search and job placements. Will oversee and train service providers on Roadtrip Nation program. Will provide follow -up services for youth as needed. Senior Office Assistant - .25 FTE - will assist with client phone calls, answering client questions, assist with mail -outs, meeting preparation, and assist with the overall technical assistance provide by the Navigator. Benefits: Benefits are based on rates determined by the City and are calculated as a percentage of salary with the exception of health benefits which are based on each individual's health plan. Retirement — 9.5% Employer Paid Member Contribution — 8% Medicare — 1.45% Retiree Medical — I% Workers Compensation — 1.04% Operating Expenses Rent/User Fee: The user fee is based on actual square footage for Youth staff and is charged at $2.05 per square foot. Phones: Phone charges are based on $62 per month and include usage charges as well as equipment charges. Professional Consultants: Professional consultants include the fee for Road Trip Nation and the Youth portion of the annual fee for the security system at the Work Center. The Road Trip Nation educational component will provide curriculum, resources and internet access to the YSPN and youth participants. Cost includes the curriculum, books, training, and two events to engage youth in the program. 13 EXHIBIT 2 25D -22 Training and Conferences: California Workforce Association hosts an annual Youth Conference held locally. It provides staff with current information on youth programs throughout the state as well as updates on current and pending legislation. Miscellaneous Office Supplies: Office supplies cover the cost of office supplies including but not limited to paper, pencils, pens, folders, duplicating costs and postage. All supplies are purchased under the City of Santa Ana's purchasing agreements. Postage is charged by the City's Reprographics Division based on actual usage. Gas charges are based on usage by City vehicles. Vehicle Lease: The vehicle lease covers the cost of a car provided by the City of Santa Ana and includes maintenance. IT Maintenance and IS Strategic Plan: Computer and internet services are maintained by the IT division of the City of Santa Ana. The fees are based on the charges assessed by the City to the Santa Ana Work Center. Insurance: Insurance is provided by the City of Santa Ana and is based on the rate assessed by the City to the Santa Ana Work Center. Indirect Costs: An indirect cost rate of 6.46% based on salaries is charged by the City of Santa Ana as a part of the City's overall cost allocation plan. The rates are calculated annually. Transportation Passes: Bus passes and gas cards will be available to youth who need assistance and are unable to receive transportation support through other means. 14 EXH161T 2 25D -23 Contract No, AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this l" day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Orange County Asian and Pacific Islander Community Alliance a non - profit corporation ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education, D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "), E. CONTRACTOR is willing to operate said program pursuant to the Act and California taw, WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A, CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference iW-14 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this I" day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Orange County Asian and Pacific Islander Community Alliance a non - profit corporation ("CONTRACTOR"), W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference 25D -25 Page 1 of 15 incorporated herein. CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CPR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25D -26 Page 2 of 15 CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment /Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and 25D -27 Page 3 of 15 attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. 0. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Unifon-n Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated finds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any slues to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. 25D-28 Page 4 of 15 R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all 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 Section 5200) of Part 5 of Division 9 of the state Family Code; and, 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 Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008, II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $101,340 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. 25D -29 Page 5 of 15 III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2013 and all duties arising under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: I. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, Contractor agree to implement and 25D -30 Page 6 of 15 shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with finds pursuant to this 25D -31 Page 7 of 15 Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. 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, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY acid the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub- grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. 25D -32 Page 8 of 15 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employ, CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving_ Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 25D -33 Page 9 of 15 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will 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 CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the form as Exhibit I , Additional Insured Endorsement, attached hereto ). Governmental entities may substitute a certificate of self - insurance. 25D -34 Page 10 of 15 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self- insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. 25D -35 Page 11 of 15 XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. 25D -36 Page 12 of 15 XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If tenninated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 25D -37 Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Orange County Pacific Islander Community Alliance 12900 Garden Grove Blvd., Suite 214A, Garden Grove, CA 92843 Phone: (714) 636 -9095 Fax: (714) 636 -8828 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -38 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" Kevin O'Rourke Interim City Manager Orange County Asian and Pacific Islander Community Alliance "CONTRACTOR" BY: Name: May Ann Foo Title: Executive Director Tax ID #: 91- 2047245 Page 15 of 15 PROPOSER APPLICATION Agency Legal Name Orange County Asian and Pacific Islander Community Alliance, Inc. Agency DBA I Program Name Youth Employment Program Agency Address 12900 Garden Grove Blvd., Suite 214A Contact Person & Title Jason Lacsamana, Director of Youth Initiatives and Special Projects Email ilacsamana @ocagica.org Telephone # 714- 636 -9095 Fax # 714 -636 -8828 Federal ID Number 91- 2047245 AGENCY STATUS Public Non-Pr:o::fit= OC Health Care Corporation I I Private Non -Profit x Years in Operation? 16 Private for Profit I I Government Foundation of Other I PRIMARY FUNDING SOURCES Funding Source OC Health Care US DHHS OC Workforce OC Health Care College Access Saturday Agency Office of Investment Agency Foundation of 9am -6 pm MHSA FSP Minority Board MHSA PEI California Health Amount $1,000.000 $880,245 $434,151 $426,208 $170,000 HOURS OF OPERATION AND DAYS Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Hours 9am -6pm 9am -6 pm 9am -6pm 9am -6 pm 9am -6 pm TARGET POPULATION Older Youth 8 Younger Youth 1 7 Out -of- School 7 In- School 8 # of Youth to be Served in 2013/2014 1 15 1 Total WIA Funds Requested 1 $101,340.00 In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the agency named above. Director, Strategic Signature Title Partnerships EXHIBIT A WOMIC Date 5/10/13 2 I. EXECUTIVE SUMMARY The Orange County Asian and Pacific Islander Community Alliance, Inc. ( OCAPICA) was established in 1997 with the mission to build a healthier and stronger community by enhancing the well -being of underserved families through inclusive partnerships. OCAPICA operates 19 different culturally competent programs in the areas of health, mental health, youth development and leadership, community and economic development, education, and policy serving mainly very low- income individuals throughout Southern California. OCAPICA has 16 years of administering education and training programs and six years of experience in case management programs for underserved youth and young adults of all ethnic backgrounds, including those of African American, Asian American, Caucasian, Latino, and Pacific Islander heritage. Since 2010, OCAPICA has operated a Workforce Investment Act - funded Youth Employment Program administered by the Orange County Workforce Investment Board (OCWIB) for the West region of the County. In addition, OCAPICA has served Santa Ana transitional age youth ages 16 -24 through the OCWIB's Ca1GRIP program. Several youth are at risk for dropping out of school, basic skills deficient, foster youth, emancipated, pregnant/ parenting, and /or have a disability. About 60% have housing insecurity issues; 30% have severe mental health needs; and about 20% are ex -gang members, formerly incarcerated, or are on probation. In- School youth are referred to OCAPICA from their school counselors and faculty, parents /family, and the OC Dept. of Education's ACCESS Safe Schools program. Out -of- School youth are referred from peers, family, Probation, community and faith -based organizations, and through community outreach. OCAPICA is requesting $101,340.00 to serve 15 Youth aged 16 to 21 (8 In- School Youth and 7 Out -of- School Youth). At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. The goal of this program is to create services and implement systems - change strategies that provide very low- income youth with skills and leadership to access living wage jobs and careers, complete high school, reduce delinquency, and improve opportunities out of poverty. This will be accomplished by providing long -term comprehensive support and training, which includes: (1) intensive case management; (2) academic skills building, tutoring, and college preparation; (3) job training, work placement, and career exploration; (4) leadership skills development via internships and community service; (5) social /peer support and mentoring for youth and their families, and (6) mental health and /or addiction counseling. Our goal will be to reduce barriers to employment and higher wage careers for the target populations. Planned outcomes will be tracked according to the Common Measures: (1) Placement in Employment or Education; (2) Attainment of a Degree of Certificate; and (3) Literacy Numeracy Gains. OCAPICA youth service model takes a comprehensive approach, which overlaps with several WIA Program Elements, specifically: Tutoring, study skills, and dropout prevention strategies; Leadership Development; Alternative secondary school offerings (through referrals); Supportive services; Summer employment opportunities; Comprehensive Guidance and counseling; Paid and unpaid work experience; 12 -month follow -up activities; and Occupational skill training through referrals. II. EXPERIENCE AND QUALIFICATIONS A. OCAPICA has been serving Santa Ana youth since 1999 starting with afterschool programs, support for families, leadership development, children's health and safety, mental health and college preparation and leadership development programs. Schools that our youth attend EXHIBIT A 25D -41 3 include: ACCESS (alternative education program), Century High School, Santa Ana High School, Community Day, Monroe, Hoover, Edison, Kennedy, Taft, Willard, Newhope, and the ROP program. B. OCAPICA currently implements many youth programs and services. OCAPICA is at two high schools implementing afterschool mentoring, tutoring, and leadership development programs with very low income youth at risk for dropping out of school. 100% of the youth in our afterschool programs have successfully graduated from high school and 85% go onto college. OCAPICA also provides scholarships for college for low income youth; in 2012 we provided $70,000 in scholarship support. OCAPICA also runs the county's Full Service Partnership /Wraparound mental health program for severely emotionally disturbed or mentally ill youth. We work with 60 youth in providing comprehensive mental health services including, case management, clinical, counseling, and anything else the youth and their families need. OCAPICA also runs the youth Workforce Investment Act program in the Western region of the county serving more than 200 youth and providing support for jobs, career development, completion of school, supportive services, and case management. Our youth programs impact approximately 4,000 youth in Orange County annually with education, mentoring, tutoring, college preparation, mental health, health care, gang and violence prevention, job and career exploration, and leadership development. Through our programs we have found 85% go onto college, 90% are not reincarcerated, 90% do not violate probation, 80% obtain stable housing, 80% obtain a permanent job, and 100% receive needed health and mental health services. OCAPICA's success lies in its partnerships with industries, job sites, schools, social and health services, legal centers, and community resources that want to ensure youth success. For example, one of our youth that had a gang history and juvenile convictions could not find a job due to having a felony conviction as a youth. He had seen his brother die in a gang and wanted to change his life but was unable to get into his chosen f eld. OCAPICA supported him through career exploration and paid work experience, ongoing hob development and skills - building, support to finish his GED, supportive services, as well as legal services to expunge his juvenile record, and ongoing mental health services to address his trauma and anxiety. He has now gone into graphic design and printing using his art background and was able to enter Golden West College, C. OCAPICA has an annual operating budget of $3.2 million from diverse funding services, including government (Orange County Workforce Investment Board, County of Orange Health Care Agency /Mental Health Services Act, Office of Minority Health/US Department of Health and Human Services, Centers for Disease Control), private foundations (College Access Foundation of California, McKay Foundation, Tides Foundation, St. Joseph Health System Foundation, Susan G. Komen for the Cure), corporate giving (Southern California Edison, Wells Fargo, Kaiser Permanente, East West Bank), and individual donors. D. OCAPICA is proposing to have a 0.50 FTE Case Manager and a 0.45 FTE Job Developer on this program. Additional staff support include 0.05 FTE of the Program Manager, 0.05 FTE EXHIBIT A 25D -42 4 of the Accountant, and additional in -kind staffing support provided by the Program Manager, Director of Strategic Partnerships, Director of Finance and Administration, Executive Director, and support from our Youth Program Coordinators and county - funded WIA program staff. OCAPICA leverages additional support from Wells Fargo, County of Orange, Health Care Agency, Southern California Edison, and College Access Foundation to continue to support adequate staffing. E. Since 2010, OCAPICA has been operating an OC W113-funded Youth Employment Program. Staff members (both funded and in -kind) have extensive experience in delivering WIA services to the youth population in Orange County. If funded, OCAPICA is proposing to dedicate two experienced staff members to serve Santa Ana youth, each of whom have served as WIA case managers. Additionally, these staff members are bilingual in either Spanish or Vietnamese. III. PROBLEM STATEMENT A. OCAPICA has found a high concentration of youth and young adults who are trying to move beyond their barriers and challenging histories that sometimes prevent them from finding and obtaining higher wage career opportunities. These young adults have a past history that makes it challenging to enter into a new profession. Their opportunities are limited resulting in a variety of negative outcomes including remaining in non - living wage jobs, returning to gang life, homelessness, dropping out of school, and unemployment. IV. BARRIERS A. OCAPICA will focus this program upon serving low- income young adults aged 16 through 21. Among this population, OCAPICA will focus on: Foster and /or Emancipated Youth: OCAPICA currently works with Rising Tide from the Orangewood Children's Foundation to provide a coordinated service approach. OCAPICA staff maintain regular communication with Rising Tide staff to ensure that services and activities from each agency complement each other. In addition, OCAPICA participates on the Department of Social Services ERDD (Eliminating Racial Disparities and Disproportionality) Advisory Group to address the issue of minority children in the Social Service system and networks with these partners to receive additional referrals. Youth with Disabilities: OCAPICA receives referrals from and works with the workability programs at various schools and colleges, and partners with the Department of Rehabilitation to serve this population. OCAPICA staff coordinate with school and Rehab staff to ensure that the participants are receiving coordinated and complementary services from each agency. Youth on Probation: In the past two years of the Youth Employment Program, OCAPICA has worked very closely with the Orange County Probation Department. In particular, OCAPICA staff members, including the Youth Employment Program Manager, serve on the Department's Juvenile Detention Alternatives Initiative (JDAI), a proven method of assigning the least restrictive community-based rehabilitative alternatives for low -risk offenders who do not pose a risk to public safety. OCAPICA receives referrals directly from Probation Department programs such as the Center for Opportunity, ReEntry, and Education (CORE) and EXHIBIT A 25D -43 5 the Health Care Agency's Youth Offender Wraparound (YOW). Individual Service Plans are developed in coordination with the participant's probation officer and /or partner agency case manager. Communication with these partners is maintained throughout the program year to provide youth with as many opportunities as possible for positive outcomes. B. From our lessons learned and experience in our youth development program, many youth in our community face numerous barriers including homelessness /housing insecurity, food insecurity, pregnant or parenting, emancipation from the faster care system, history in the juvenile justice system, physical or developmental disability, mental health needs, lower education attainment, prior gang involvement, basic skills deficiency, and language barriers. V. SOLUTION STATEMENT A. OCAPICA's service philosophy is a "no wrong door" approach where young people and their families can enter through different programs and be navigated and served for their betterment and needs. OCAPICA has three levels of intervention: Universal, Individual, and Intensive. For Universal, all OCAPICA programs (health, mental health, youth development, youth employment, and community & economic development) provide social and emotional support to participants through education, case management, resource delivery, navigation, and community outreach to strengthen their support network in the community. For Individual, all programs have components of identifying at risk individuals for skill building, social, and emotional concerns and need for additional support in order to be successful. Participants who are found to be in need of Intensive services are referred to OCAPICA's wraparound program (if they are not already in one). The Intensive program works with individuals and families who are at extreme risk for social and emotional concerns who need more intensive services utilizing a multidisciplinary team and treatment approaches. OCAPICA staff engage in effective communication methods and are trained to recognize the comprehensive needs of this population. During assessment, should emotional health needs, housing insecurity, or other situations present themselves, participants are referred to resources, within OCAPICA or with a partner. As these participants continue in the Youth Employment Program, the Case Manager focuses activities on skills building, wellness, and self - efficacy. (See Attached Flow Chart for visual detail of the program design). VI. PROPOSED PROGRAM A. The goal of OCAPICA's Youth Initiatives unit is to create services and implement systems - change strategies that provide very low - income youth with academic, leadership, and emotional skills to aid in the pursuit of their educational and employment goals. This is accomplished by providing long -term comprehensive programs and services. In order to make a lasting impact, OCAPICA also works in collaboration with community stakeholders and policymakers in the region to disseminate best practices and advocate for systems reforms and policies that serve and engage high needs youth. OCAPICA's youth curriculum incorporates the Spectrum of Prevention (a public health framework) and the Search Institute's 40 Developmental Assets (an evidenced -based approach to youth development) EXHIBIT A 25D -44 Co into a socio -ecological model for addressing multiple influences on a student's well- being. OCAPICA will implement this year -round program emphasizing participants' skills- building through: (1) Outreach, Engagement, and Recruitment - Prior to Enrollment, staff members work in partnership with community partners (such as the Probation Department, OCDE Alternative Schools, Transitional Support Programs, Faith -based groups) to identify participants for referral. In addition, staff are actively outreaching at community events and youth gathering placements to promote the Youth Employment Program. Once a youth expresses interest, they are screened for eligibility, and evaluated on their readiness for program activities and commitment toward achieving goals. The TABE is taken to assess their educational functions level. If they are dealing with additional emotional, health, or structural barriers, staff members will also refer them to other programs and partners when appropriate. (2) Assessment - Upon entering the program, each student will be assessed to determine his or her individual strengths and challenges. OCAPICA utilizes O *Net as a tool for career exploration and analysis. The case manager will assess the participant based on their basic skills, occupational skills, prior work history, employability, aptitudes, interests, and development needs. Using this information to set career goals, the case manager and participant will develop an individual service plan (ISP). (3) Case Management - OCAPICA will provide comprehensive case management for at -risk and high -risk youth. Staff will work with each youth and their family in the program to create an ISP for their future. This includes goal- setting exercises, skills building workshops, career exploration, leadership- building activities, and work placement. Case management records will be maintained for each student to determine progress made on social skills development, academic improvements, employment objectives, and achievement of goals. OCAPICA staff will meet monthly with the participant to re- assess their challenges and successes. In addition, improvements in self - confidence, social skills, leadership development, and communication will be evaluated. Depending on the needs of each youth, staff will provide Supportive Services or refer youth to either other program offerings within OCAPICA or to community partners. (4) Academic Tutoring, Skills -based training, and emotional wellness activities - Youth will each have a personalized plan that includes a skills - building curriculum and an education plan, whether it be returning to school or degree completion. Support provided to the youth include: tutoring and mentoring to help in school participants stay on track and out of school participants to improve on their educational functioning level; leadership development activities and community service opportunities; and field trips to colleges and career development sites. All participants will be required to attend and participate in workshops dedicated to work readiness, life skills development, and financial literacy. Workshops that focus on emotional and physical wellness are also offered by OCAPICA's Wel1NESSessity Program. Participants are linked with tutors from local universities and may include such programs as Metrix Learning to help facilitate improvements. Incentives are also offered to mark achievements and milestones that focus on future success, such as receiving a diploma. LS) Workforce Training Work Experience and Career Development - Staff assist youth in goal setting, career exploration, and work readiness. OCAPICA offers resume writing workshops, interviewing skills workshops, and coaching on professionalism. In addition to this job development curriculum, OCAPICA offers internship /volunteer placements, paid work experience (WEX) placements, on-the-job training, placement into certificate /licensure programs. EXHIBIT A 25D -45 (6) Placement - Throughout the time that a participant is in the Youth Employment program, the staff team focuses upon building a career focus. The end result is for the participant to be on track for a living wage career via Job Placement and/or Post - Secondary Education Placement. By the end of the program (between 6 to 12 months active, depending on the participant), OCAPICA will have achieved at least: a 65% placement rate into employment or education, a 61% attainment rate of degree or certificate, and a 40% rate of participants that demonstrate literacy numeracy gains. OCAPICA will serve a total of 15 participants aged 16 through 21 at the time of enrollment: 8 In- School and 7 Out -of- School youth. At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. B. OCAPICA will employ multiple strategies to recruit participants from a variety of sources, This includes (1) promotion utilizing networks of and recruiting from partner organizations including CAPOC, The Cambodian Family, Latino Health Access, Lives Worth Saving, and Buena Clinton Youth and Family Center; (2) receiving referrals from the OC Probation Department and associated programs such as the Center for Opportunity, Reentry, and Education (CORE), CSP's Youth Offender Wraparound (YOW); (3) receiving referrals from the Social Services Agency and associated programs such as Orangewood Children's Home, Rising Tide Communities (for aged -out young adults), and the Eliminating Racial Disparities and Disproportionality Workgroup; (4) receiving referrals from OCDE ACCESS Safe Schools and other schools, colleges, and education partners; (5) working within OCAPICA to co- enroll youth participants from its Mental Health and Wellness Program (Project FOCUS), Prevention and Early Intervention Program (Wel1NESSessity), and Youth Development /Afterschool Program ( OCAPICA Bridges); (6) referrals from peers and familiy members from previous Workforce efforts that OCAPICA has been funded for including the CalGRIP program; and (7) outreach through community presentations, postings where youth congregate, and social media postings on Facebook, Twitter, blogs, and the OCAPICA website. OCAPICA will ensure that 75% of youth will be enrolled by December 31, 2013, though there is a goal that 100% of youth will be enrolled by that time allowing staff members to focus the remaining time on attaining successful outcomes. This will be met as a result of working with OCAPICA's community partners and other entities like the Probation Department, OCDE ACCESS Safe Schools, and the Lives Worth Saving Gang Intervention to secure referrals. In addition, staff will conduct weekly outreach to schools, faith -based institutions, and additional non -profit organizations in order to meet that number. C. The program includes opportunities for participants to gain work experience and receive compensation whether through payroll, stipends, and incentives. Upon completion of individual service plan with each participant at the beginning with the case manager, he /she will then proceed in meeting with job developer to complete pre - orientation to set up payroll for job readiness workshops. Job developer will guide participant through completing and filling out necessary documents to work. Participant will then work through job readiness workshops. Participant will meet with job developer and case manager to discuss and evaluate experiences in workshops as well as receive an incentive for completion. Case EXHIBIT A 25D -46 manager and participant will create a plan to follow -up on areas of improvement. Concurrently, participant will meet with job developer to discuss participant's preparation for job placement/work experience. Job developer will then complete full orientation with participant to prepare for work experience at a particular worksite that meets participant's needs and goals. D. The program allows participants to actively create their own pathway with the guidance of case managers and job developer(s). Participants are informed from the beginning that if they want to be taken seriously and would like to strive towards excellence, it is critical for him /her to be responsible and hold themselves accountable for their own actions and participation within the program. The program will provide tools and resources for participants to build and create their pathway toward self - sufficiency; case managers and job developer(s) will support, guide, and instruct participants on how to use these tools and resources to help themselves and others. E. OCAPICA will provide "Active" services to participants for up to a 12 -month time period, and will also provide "Follow -up" services for another 12 months. The participant will be engaged regularly through skill building workshops, work experience opportunities, and one- on -one case management. The program is intensive at the start, where individuals are expected to attend skill- building workshops through the first six weeks of the program, followed by work experience placements. At least monthly, participants will meet with their case manager and job development/placement specialist to assist them in reaching their education and employment goals (laid out in their individual service plans), including activities like applying for permanent employment and for post - secondary /college placements. VII. TRAINING A. Over the past three years, OCAPICA has worked to incorporate strategies and recommended activities of the Orange County Comprehensive Economic Development Strategy (CEDS) Committee. With CEDS in mind, OCAPICA focuses on college preparation, career and technical education, industry cluster education and training plans. In addition, OCAPICA offers, through the National Retail Federation, a National Professional Certificate in Customer Service — an industry recognized certificate that extends beyond the retail sector to demonstrate an understanding of professional behavior and effective communication. B. OCAPICA will provide career exploration, training, and work experience opportunities in high demand industries, including Health Care, Green Technologies, and STEM (Science, Technology, Engineering, and Mathematics) Careers. For Health Care, OCAPICA has developed a Health Careers Pipeline Program (funded by The California Endowment) to increase the number of allied health and social work professions (such as home health aides, medical assistants, licensed vocational nurses, therapists, and others) from underrepresented communities. For Green Technologies and STEM Careers, OCAPICA has been funded by Southern California Edison to create a Pipeline program for career exploration and internship /job placement. OCAPICA will partner with Vital Link of Orange County to EXHIBIT A 25D -47 W] provide hands -on exposure and career exploration, as well as Community Action Partnership (CAPOC) for potential placements in their weatherization program. In addition, OCAPICA continues to work with groups like The Energy Coalition and The Gas Company to strategize for additional career training and placement opportunities. VIII. TUTORING /MENTORING /SUPPORT A. In addition to staff, OCAPICA recruits college -level tutors from CSUF and other area colleges to provide one -on -one and small group assistance to program participants to aid in both their classes and to build their literacy /numeracy skills. Should a participant need additional assistance, tutoring services are available through Supportive Services. B. Mentors support participants in the academic realm and beyond, helping them balance their workload, manage stress, and also provide moral support to the students. They also aid participants in creating a plan of action for the semester and /or their future and meet with them to make sure they are on track to reach their goals. Mentors provide personal insight into the educational experience and are more likely to help facilitate workshops. In addition to the general support provided by the program, students are also given individual attention though periodic one -on -one meetings with the program staff and/or volunteer mentors. Meetings are strategically scheduled throughout the year to monitor and problem solve with the participant as an aid to help her. /him reach their academic, health, and personal goal(s). Mentors are recruited from CSUF's Asian American 230 Service Learning Class, college student organizations, CSUF Asian American Studies Department, CSUF Department of Public Health, local Chamber of Commerce, and from the community at large. Mentors undergo a rigorous training and background check prior engaging with the youth and maintain a supportive relationship with the youth throughout the calendar year. C. Mental health services became crucial for many youth, especially those who were homeless or living in unsafe, unstable situations. In coordination with OCAPICA's mental health unit, WIA program staff started to provide additional support through mental health case management, individual therapy, support groups, wellness workshops, pregnant and parenting support, and access to supportive services. OCAPICA utilized a coordinated approach in which all youth and their families are screened and assessed at the point of entry. This allows individuals to participate in and receive services from all available programs at OCAPICA. Regular communication is maintained between WIA program staff and OCAPICA's mental health clinicians for consultation and program design. Staff members from the different programs have integrated team meetings to discuss program design/delivery and jointly develop service plans for co- enrolled participants. Staff, resources, and curriculum complement each specific program, and resources are shared where appropriate. In fact, OCAPICA has been able to leverage funding through the Mental Health Services Act to be able to support a new part -time staff member to integrate mental health and wellness services into the WIA Youth Program. Through this arrangement, more EXHIBIT A I i �� 10 than 60% of OCAPICA's (OC WIB- funded) WIA youth participants have successfully participating in this new focus of mental health and wellness. IX. EMPLOYMENT A. Program Staff will assist participants in attaining employment through a variety of means. Participants will receive support and assistance for searching, applying, and retaining employment; this may include one -on -one appointments, workshops, job fairs, training, etc. Participants may also be able to take part in Work Experience, where they will be placed at work sites that the program has established with community organizations and businesses. Through this Work Experience component, participants will be able to explore the specific position and industry along with putting their foot in the door to show the employer if they are a good match for the work site. If work site staff see fit, they may offer the participants unsubsidized employment. B. Please see attached list of employers we have partnerships with and have hired youth. C. Please see attached list of employers who participate as Work Experience sites. D. During the 12 month follow -up after exit, services are intermittent and on a quarterly basis. The Case Manager will contact the client to ensure that educational and career goals are being met. Supportive services may be offered and will be based on the financial needs of the client. In addition, the Job Developer will continue to send engage in job retention strategies and additional life skills building workshops. Participants will attain performance measures during follow -up with the support of their Case Manager and Job Developer. X. POST - SECONDARY EDUCTION A. Program Staff will assist participants in entering post- secondary education. Participants will explore, identify, and develop post - secondary goals with the Case Manager through the Individual Service Plan. The Case Manager will assist participants with any questions, issues, and concerns as they pertain to the participant's plan, such as assistance with applying for Federal Financial Aid or information on the types of post - secondary education. Participants will also be informed of workshops, conferences, and other events that are related to post- secondary education to further assist their exploration and successful entrance into post - secondary education. B. Participants will have the opportunity to participate in field trips, student panels, and other education/training exploration activities. Program Staff will help connect participants to resources that will assist in the attainment of accredited credentials, certificates, and /or diplomas. With the Case Manager, participants will identify and develop a plan to assist with the attainment of certification through the Individual Service Plan. Once a plan has been established, the Case Manager will refer participants to the appropriate avenues and support the participant. For example, if a participant comes in as a high school dropout, the Case Manager will assist him /her in identifying if a GED or high school diploma is the best option for him/her and then support the participant in finding a program or school in which to enroll. XI. COMMON MEASURES EXHIBIT A G . � I � At the time of enrollment, the Case Manager, Job Developer, and Program Manager will make a determination as to what Common Measure is applied to each participant. This will be used in crafting their Individual Service Plans (ISP). Supportive services are available to help address barriers to achieving these outcomes. Also, incentives will be distributed at important individual milestones. Incentives may serve as both motivation and recognition. The expected outcomes listed below will be attained: A. At least 40% of Out of School Youth who are Basic Skills Deficient will report Literacy/ Numeracy gains of at least one educational functions level (EFL). Participants will receive tutoring assistance and receive additional skill building trainings through workshops, TABE practice sessions, and one -on -one meetings with their case manager. Improvement will be monitored through role playing, comprehension exercises, and the TABE test, and face -to- face assessments with program staff. B. At least 65% of participants will be Placed in Employment or Education (of those who are not in post - secondary education or employment at the date of enrollment). The case manager and job developer will craft the participant's ISP to include employment and/or post- secondary goals. All participants are required to participate in up to 50 hours of work preparedness workshops and will have work experience placements available to them. Meanwhile, the job developer will continue to reach out to new and existing employers to help match participants with available, relevant job openings. The Youth Employment program receives assistance from OCAPICA's Scholars Program which helps youth get in to and stay in college. This unit will streamline efforts including workshop delivery and curriculum development to better serve underrepresented youth. C. At least 61% of participants will Attain a Degree or Certificate (of those enrolled in education at date of enrollment or at any point during the program). Each participant will work with the case manager to develop an appropriate ISP, including identifying a pathway toward graduation, certification, or licensure. Additional guidance, study skills coaching, and skill building workshops will be provided to the participants in support of this goal. Program Timeline: OCAPICA staff will continue outreach, recruitment, intakes, and assessments until all 15 participants are successfully enrolled. OCAPICA anticipates not only have 75% (n =11) enrolled by 12/13, but will target 100% enrollment by 12/13. a) Case Management: The Case Manager will begin meeting with the participants within two weeks of their enrollment, and will continue meetings for the duration of the program year. b) Program Services: WIA- related services will commence within two weeks of enrollment, with workshops commencing by week 4. c) Supportive Services: The case manager and job developer will work closely with the participant to assess their needs. Based on the staff's assessment, the participant may access supportive services from the time of their first meeting with OCAPICA staff and throughout the program until they reach their maximum per capita limit. EXHIBIT A 25D -50 12 d) Placement in Employment: Depending on the readiness and skill level of the participant, the youth may be placed in employment at different times throughout the program year. A more advanced participant will have higher chance of early placement. However, as participants complete work readiness workshops, they will also be eligible for work experience (WEX) placement by Week 6 of the program. During and after WEX, staff will continue to find permanent placement opportunities. e) Placement in Education: Staff will work with ISY to ensure that they are taking the necessary classes for post- secondary admittance, whether it be a community college, four year university, or other educational institution. For OSY, staff will provide guidance and support for the participants to build an interest in post - secondary education, inform them of available opportunities, and aid in their enrollment through school selection, one -on -one application assistance, and financial aid planning. f) Training Services: As participants show aptitude and readiness, they may receive assistance in obtaining on-the-job training and /or entrance into an accredited training program. These specialized trainings are directly related to an occupation and often result in a specialized certificate, improving the participants opportunities to gain permanent employment. g) Services to improve Literacy/Numeracy: OCAPICA staff will link participants who are basic skills - deficient to resources that will aid in improving their educational functions level. Resources include personal one -on -one tutoring, skills- building workshops, and learning aids, such as the Metrix Learning on -line portal. h) Follow -Up: Post Exit follow up services will be provided for 12 months after the participant exits from the program. Activities and services include supportive services, resume updates, job referrals, tutoring, job shadowing, re- employment planning, and workshops. Please see attached Visual Detail of Program Design, XII. PRIOR OUTCOMES Although not currently a contractor of the Santa Ana WIB, OCAPICA is currently in the second year of its WIA Youth Contract administered by the Orange County Workforce Investment Board (OC WIB). Serving the cities in the West region, OCAPICA is on track to serve 66 In School Youth and 89 Out of School Youth for the program year. As of 12/31/12, OCAPICA has met or surpass the contracted WIA performance goals with at least: - 72% demonstrating Increased Literacy/Numeracy Skills - 67% Entered Employment or Post - Secondary Education - 71% Attained Credential /Diploma /Certificate XIII. FACILITY A. All program services will be delivered in youth friendly centers, organizations, churches or temples, or schools in Santa Ana. OCAPICA is partnering with the Delhi Center located at 505 E. Central Ave. (near the intersection of Warner and Main) to offer primary access to residents in Santa Ana ( OCAPICA will provide additional support at its offices located in EXHIBIT A 25D -51 13 Garden Grove at 12900 Garden Grove Blvd., Ste. 214A). Program staff will be housed at and workshops will be delivered at the Delhi Center. If youth and their families ever need to come into our offices or satellites, we will arrange transportation for them. The times when youth and their families come to our offices is when there are safety or gang issues, issues of confidentiality, desiring mental health services but wanting it to be away from their family or neighborhood, etc. However, most of our services are provided in the community where our community members live. For example, we previously had a Ca1GRIP grant with the County of Orange, Workforce Investment Board and we conduct our services at Bishop Manor at 1000 E. Bishop St. (Bishop and Standard), Santa Ana. We also conduct our mental health program services in Santa Ana at The Cambodian Family 1626 E. Fourth St., and at Asian American Senior Citizens Service Center at 850 North Birch Street. We've also partnered with other nonprofits including Latino Health Access and Delhi Community Center and have had services at ACCESS school sites. Services will also be delivered at adult schools, housing centers, community centers, community colleges and in partnership with local elected officials representing neighborhoods and regions in Santa Ana. B. Our hours of operation are 9:00 AM to 6:00 PM however we offer our services, classes, case management, job development, counseling, etc. at all hours and on the weekends whatever is best for youth and their families. We also have cell phones for youth to text or reach us at various hours as well as traveling laptops with wife for youth to be able to access information, job development resources, training, and afterschool services. We will have available services in the evenings and weekends at various community sites in Santa Ana so all neighborhoods and families have access to our program. C. Staff are young, youth- friendly, nonjudgmental, bilingual and from the communities they serve. A majority of our staff speaks Spanish or Vietnamese as well as we have a total of 16 languages available for services. We also have bilingual Parent Partners who provide services and support to the parents and caregivers in the family. Our case managers are very youth friendly, young people who live and work in the communities we serve, are truly competent in youth culture, but also receive more than 500 hours of training in serving and supporting youth. OCAPICA follows a very inclusive model, always involving the community and youth in all aspects of our programs' development, implementation, and evaluation. We utilize leadership development, mentoring, resiliency model, 40 Developmental Assets, mentoring, the Social Ecological Model, and the Empowerment Model, and patient and community navigation in all of our program work. OCAPICA also partners with 40 different agencies in providing services to the community and ensures self efficacy and capacity building is developed for all individuals and families. D. Internet access will be available for staff and youth at all locations and in the field. All staff have desktop computers as well as laptops that have wireless internet cards (wife). We utilize the laptops with wireless internet cards to be able to be portable and go from site to site and be more accessible to youth and their families. EXHIBIT A 25D -52 14 E. OCAPICA's offices and the building we are located in is compliant with ADA. All sites that OCAPICA conducts services at are compliant with ADA. Any special services needed (sign interpretation, Braille, adaptation devices) will all be provided. See Attachment H. XIV. FISCAL CAPACITY A. OCAPICA's fiscal department has excellent experience in capturing and reporting fiscal data. OCAPICA utilizes Sage MIP Fund Accounting as its accounting software and provides weekly and monthly reports to the Executive Director, Program Directors, Board of Directors, and the Finance and Audit Committees of the Board. Monthly reports regarding payroll, A/R, and A/P, bank reconciliation, review of cost allocation plans, are conducted. B. See attached copy of the organization's procurement policies and procedures. C. OCAPICA allocates costs to grants, and contracts on the basis of use or benefit they derive from the expenditures and established cost centers to track cost incurred. The agency complies with all GAAP and cost principles of OMB Circulars A -110 and A -122 as well as has an annual A -133 Single Audit conducted by an outside auditor. OCAPICA's annual audit is disseminated to board members, funders, and posted on GuideStar for general public viewing. Monthly reviews of budget and allowable costs are conducted. The Board's Finance Committee meets monthly to review all budget, expense, revenue, cash management, reconciliation, and other reports. All financial reports are provided to the entire Board of Directors for review. OCAPICA also ensure separation of duties in relation to fiscal accountability and oversight. OCAPICA communicates regularly with all funders, providing all policies and procedures, all financial back -up, providing our annual audit, and going through annual audits from the County. OCAPICA has had no findings in our audits. D. OCAPICA prepares invoicing in a manner and format consistent with the funding source requirements on a monthly basis. If the funding source does not have specific invoicing requirements, a billing is prepared that indicates the services and the period during which services were provided, the unit cost of the service if applicable, and the total amount being billed. If the funding agreement is a cost reimbursement, the billing indicates the expenses incurred and the period for which it was incurred. For internal accounting controls, verification of all services provided, reconciliation of services billed, control of billings with use of a General Ledger control account, monitoring of billings and resolution of funding agency noted differences, supporting documentation for all billing are reviewed monthly. All invoices are reconciled with the funds received, and separation of duties between the preparations of the billing and its review and approval are conducted. OCAPICA's AIR Bookkeeper and Accountant with the review of the Director of Finance and Administration conduct the invoicing process. The A/R bookkeeper and the Accountant works with the Program Director to ensure accurate billing is conducted for services and actual expenses are incurred; the A/R Bookkeeper prepares the monthly invoice; the invoice is given to the Director of Finance and Administration and Executive Director for review and approval. EXHIBIT A 25D -53 15 E. OCAPICA receives almost $3 million in federal, county, private foundation, corporation, and individual donors. Our agency's financial stability is not dependent on WIA funds. OCAPICA receives a WIA grant from the County of Orange for approximately $450,000. OCAPICA also obtains approximately $150,000 in unrestricted funding from donors to help match any of our funding sources. 4. Submit most recent 2 years of audited financial statements. See attachments. XV. SUBCONTRACTING N/A - OCAPICA does not plan to subcontract any non - client services. EXHIBIT A 25D -54 Paid Work Experience Policy al5a -5 5 Subject: WEX Policy and Procedures Purpose: To establish the policy and procedures of Work Experience for WIA Participants in accordance with the OCWIB Work Experience Policies. As defined by the Workforce Investment Act, Work Experience (WEX) is a planned, structured learning experience that takes place in a workplace for a limited time period. Work Experiences may be paid or unpaid. Work experience places may be in the private, for profit sector, non - profit sector or the public sector and are designed to enable youth to gain exposure to the working world and its requirements. Work Experience Policy and Procedure: 1. The purpose of WEX is to provide the youth participant with opportunities for career exploration and skill development. 2. A youth participant may participate in WEX once the participant has completed the Job Readiness workshop series. 3. The participant will work closely with the Job Developer /Placement Specialist to discuss worksite placement for WEX. 4. WEX may not take place during the follow -up phase of the program. 5. The duration of the Work Experience may not exceed 450 hours. 6. The wage shall not exceed $8 per hour 7. In school youth may only work a maximum of 20 hours per week while Out of School youth shall not exceed 30 hours per week. 8. As an employer, OCAPICA shall maintain payroll records and time sheets for each participant. Records and time sheets will be maintained in each participant's case file. Work experience sites, The Community /Business Partner shall also maintain records of participants' hours. 9. OCAPICA shall be responsible for ensuring payment to the participant. The participant will submit a time sheet with hours verified by the Community /Business Partner to OCAPICA on the 151h and last day of each month. 10. OCAPICA shall obtain and maintain workers' compensation insurance required by law for participants who are placed of each Community /Business Partner site for the Internships and Work Experience (WEX). 12900 garden grove blvd, suite 214a 1 garden grove, california 92843 1 phone: 714.636.9095 1 fax: 714.636.8828 1 www.ocapica.org orange county asian and acificlander community alliance 2M1;56 OCAPICA Youth Employment Program Worksite Agreement This Worksite Agreement is entered between the Orange County Asian and Pacific Islander Community Alliance ( OCAPICA) and (Community /Business Partner). This Agreement confirms the collaboration between the above agencies with the Orange County Workforce Investment Board (OC WIB) Youth Employment Program, funded by the Workforce Investment Act (WIA). The Community /Business Partner agrees to serve as a worksite for placement of OCAPICA's Youth Employment Program participants ages 16 -21. The parties recognize the following: The Community /Business Partner agrees to serve as a worksite for placement of an agreed upon number of OCAPICA youth participants. Appropriate supervision will be provided to these participants. Youth participants may be placed at the Community /Business Partner's worksite for a period not to exceed 30 hours per week with total hours not to exceed 350 hours. 2. The Community /Business Partner agrees to provide meaningful work experience to OCAPICA youth participants meeting at least one of the following criteria: a. The duties the youth will perform expose them to and /or prepare them for postsecondary education and /or entry into a demand occupation and the participants career interest; or, b. The primary focus of the work experience for the youth is the development of very basic workplace skills such as appropriate dress, timeliness, respect, common courtesies, and basic task completion. 3. The Community /Business Partner and OCAPICA staff shall maintain regular communication to assess participants' progress and identify best practices and concerns. 4. As an employer, OCAPICA shall maintain payroll records and time sheets for each participant. Records and time sheets will be maintained in each participant's case file. a. Asa work experience site, The Community /Business Partner shall also maintain records of participants' hours. 5. The Community /Business Partner agrees to provide a letter, which includes a list of tasks performed in relation to participants in the Youth Employment Program along with an estimated value for in -kind and leverage purposes. 6. OCAPICA shall be responsible for ensuring payment to the participant. The participant will submit a time sheet with hours verified by the Community /Business Partner to OCAPICA on the 15th and last day of each month. 7. The Community /Business Partner and OCAPICA shall each secure and maintain during the term of this Agreement, comprehensive general public liability insurance of at least one million dollars ($1,000,000) to protect itself against claims and liabilities for personal injury, death or property damage arising from the activities of the Community /Business Partner and OCAPICA respectively. Updated: 11 /29/12 12900 garden grove blvd, suite 214a 1 garden grove, caiifornia 92843 1 phone: 714.636.9095 1 fax: 714.636,8828 1 www.ocopica.org orange county asion 266& er community alliance 8. OCAPICA shall obtain and maintain workers' compensation insurance required bylaw for participants who are placed at each Community /Business Partner site for the Internships and Work Experience (WEX). 9. Indemnification: (a) OCAPICA shall defend, indemnify, and hold harmless the Community /Business Partner, its officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion in and to the extent that such liability, loss, expense, attorneys' fees or claims for injury or damages are caused by or result from the negligent or intentional acts of omissions of the Community /Business Partner, its officers, employees, and agents. (b) Community /Business Partner shall defend, indemnify, and hold harmless OCAPICA, its officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion in and to the extent that such liability, loss, expense, attorneys' fees or claims for injury or damages are caused by or result from the negligent or intentional acts of omissions of the Community /Business Partner, its officers, employees, and agents. 10. The Community Partner /Business Partner is an independent contractor and not an agent or employee of OCAPICA and has no authority to contract or enter into any other agreement in the name of OCAPICA. As representatives of the agencies named in this Worksite Agreement, the signatures below indicate an agreement to in ment the above and to comply with all applicable requirements and policies governing this collaborative effort. It is understood that this Agreement may be modified based upon the needs and observations of either OCAPICA or the Community /Business Partner; otherwise, the Agreement shall expire one year from the date signed. In witness whereof, the parties hereto have caused this agreement to be executed by the duly authorized officers as of the date indicated below each of the signatures which follow. OCAPICA: Mary Anne Foo, Executive Director Date Community /Business Partner: Name of Entity Contact Signature Cu.aact Name Date Title Updated: 11/29/2012 12900 garden grove blvd, suite 214a I garden grove, californlc 92843 I phone: 714.636.9095 1 fax: 714.636.8828 I www.ocapico.org orange county asian2n�fic ' der community alliance Supportive Services Policy 0 - pil Subject: Supportive Services Policy and Procedures Purpose: To establish the policy and procedures of the distribution of Supportive Services for WIA Participants. Supportive Services Policy and Procedure: 1. Supportive services are not entitlements and shall be approved by the Program Manager and /or Program Director for a given participant on the basis of individual circumstances, the absence of other resources, and funding limitations. WIA Program Staff shall seek services from at least 2 other community resources prior to authorizing supportive services under WIA, as appropriate. Referrals should be made to other agencies or resources for assistance and documented in the participant's file under case notes. 2. Supportive services provided must be reasonable, necessary and allowable based on federal guidelines and based upon need and all other resources have been exhausted. Supportive services must be necessary for a given participant to complete and documented on his /her Individual Service Plan (ESP) and be beyond his /her ability to pay in order for the supportive services to be approved. Program Manager and /or Program Director needs to review updated ISP and request of services have been documented before approval of supportive services request. 4. For special supportive services deemed as "Other" on the Supportive Services Matrix, WIA Case Manager would need written approval by the Executive Director and a copy of the written approval attached to the request. 5. Program Manager /Director may only approve the types of supportive services and the dollar limits as described on the Supportive Services Matrix, 6. Other Special circumstances supportive services may be granted on a case by case basis only if those services would significantly benefit the participant in job retention, wage progression or completion of training in order to achieve employment. Any requests for exception must have written approval by the Executive Director and may not exceed $500. Determination of need must be clearly documented in the case notes and be part of the participant's ISP and must have the Supportive Services Request Form, invoice, including Application Number of participant and including the justification of the cost. A Supportive Services Request Form must be completed and have an original signature from the WIA Case Manager and the participant prior to submission to the Program Manager and the Program Supportive Service Invoice Form that indicates the financial details of the request. 12900 garden grove blvd, suite 214a I garden grove, cralifomia 92843 I phone: 714,636.9095 1 fax, 714.636.8828 1 www,ocapico.org orange county anion and pocific islander community alliance 2B64 Af ocapica L 8. After the approval of Program Director and /or Program Manager has been made, the Case Manager would need the approval and signature of the Finance Director. After the Finance Director has approved the Supportive Services, WIA Case Manager will obtain the supportive services (ie bus passes) from the Financial Department Staff. 9. It is the responsibility of the Case Manager to ensure that all supportive services documentation is maintained in the participant's file. This includes: the Supportive Services log and Supportive Services Request form, Invoice and a copy of the Acknowledgement of Issuance. 10. All supportive services are appropriately coded in the JTA system (activity 81). Actual dates of Supportive Services provision should be reflected in the system. 11. Copies of the actual supportive services (bus passes, gas cards, etc) shall be made with the participant's signature and date of receiving. supportive services log will be maintained 12. If a participant receives a supportive service and fails to return the appropriate documentation /receipts, no additional supportive services will be given to them until such receipts are provided. 13. The participant must return all gift cards with remaining balances to the WIA Case Manager with the receipt. WIA Case Manager will return the gift card along with the receipt to the Finance Department to maintain for the respective participant to utilize as needed. If the respective participant completes the program prior to exhausting the gift card, gift cards with balances will be utilized by other Participants in the program as needed. 14. Copies of the actual supportive services (bus passes, gas cards, etc) shall be made with the participant's signature and date of receiving. 15. Two copies of all documents will be made for 1) participant's file, and 2) for the Finance Department. 12900 gcrden grove blvd, suite 214a I garden grove, colifornic 92843 1 phone: 714.636.9095 1 fax: 714.636.8828 1 www.ocapica.org orange county asion and pacific islander community alliance "�61 SUPPORTIVE SERVICES AND COMMUNITY PARTNERS: Orange County Asian Pacific Islander Community Alliance (OCAPICA) Outreach and Engagement Program OUTPACE Orange County Asian Pacific Islander Community Alliance (OCAPICA) Project FOCUS Full Service Wraparound Ye Lee, Outreach Specialist 12900 Garden Grove Blvd, Suite 225B Garden Grove, CA 92843 714 - 636 -6286 www.ocapica.org Diep Dang, Community Resource Coordinator, Lead PSC 12900 Garden Grove Blvd, Suite 2258 Garden Grove, CA 92843 714 -636 -6286 www.ocapica.org Vietnamese Community of Orange County 14541 Brookhurst 5t, C9 (VNCOC) Westminster, CA 92683 Project FOCUS Full Service Wraparound www.thevncoc.org Family Assessment, Counseling & Education Services Inc. (FACES) OC Health Care Agency, Behavioral Health Adult Mental Health Services Outpatient Services Michelle Absi 505 E. Commonwealth Ave Suite 200 Fullerton, CA 92832 714 - 879 -9616 www.facescal.org Dr. Surte Dong Matsuda, PsyD, LCSW, Service Chief ( Pacific Asian Unit) 14140 Beach Blvd Suite 223 Westminster, CA 92683 Increase access & utilization of mental health services; link clients to appropriate county & community based services. Serves: ages 0 -26; at -risk, low - income Mental Health Provides comprehensive services such as linkage to housing, child care, transportation, health care, counseling & rehabilitation services Serves: ages 0 -26; at -risk, low - income ; Severely Mentally III /Emotionally Disturbed ; bilingual API languages Mental Health, intensive Case Management Provides comprehensive services such as linkage to housing, child care, transportation, health care, counseling & rehabilitation services Serves: ages 0 -26; at -risk, low - income ; Severely Mentally Ill /Emotionally Disturbed; bilingual Vietnamese Mental Health, intensive Case Management Provide counseling to clients, anger management, parenting classes; sliding scale Mental Health Services irclude assessment, evaluation, collateral therapy, individual and group therapy, substance abuse treatment, medication support, rehabilitation, linkage and consultation, placement, plan development, crisis intervention and specialized residential services. Ages 18 + Mental Health OC Health Care Agency, Behavioral Health 14140 Beach Blvd Services include assessment, Children & Youth Services Suite 155 evaluation, collateral therapy, Westminster, CA 92683 individual and group therapy, substance abuse treatment, medication support, rehabilitation, linkage and consultation, placement, plan development, crisis intervention and specialized residential services. Ages 18 under Mental Health OC Health Care Agency, Behavioral Health 14140 Beach Blvd Provides a range of outpatient and Alcohol & Drug Abuse Services Suite 155 residential treatment programs Westminster, CA 92683 designed to reduce or eliminate the abuse of alcohol and other drugs within the community, Services include crisis intervention, assessment and evaluation; individual, group and family counseling, HIV education, pre- and post -test counseling, and voluntary testing; TB education, counseling and testing; referrals to other programs when indicated; a.nd outreach to schools and the general community. Substance Abuse, Mental Health OC Health Care Agency, Behavioral Health 1- 866 - 830 -6011 Provides emergency psychiatric Centralized Assessment Team www.ochealthinfo.com /cat/ services (CAT) Mental Health Serving People in Need (SPIN) Diane Noel, Case Manager Substance Abuse Counseling Substance Abuse Rehabilitation Program 151 Kalmus Dr. H -2 Services, Rehabilitative Services (SARP) Costa Mesa, CA 92626 Substance Abuse 714 -751 -1.101 ext 18 DianeN @spinoc.org First Step/ Charle Street 2015 Charle Street _ Detox Costa Mesa, CA 92627 Substance Abuse 949 - 642 -2941 Oakview Family Resource Center 17261 Oak Lane Adoptive Family support services, Huntington Beach, CA 92647 case management; counseling, 714- 842 -4002 emergency assistance; family advocacy; family reunification, parenting education; Personal Empowerment Program Foster Youth /Adoptive Services/ — Mental Health /Social Services 2WUB�3 Child Guidance Center Clinica de Nino 525 Cabrillo Park Dr, # 300 Counseling Services- Individual and Santa Ana, CA 92701 Family, bilingual in Spanish (714) 93 -4455 Mental Health Camino Nuevo AMHS Clinic 1615 N. French St Counseling and Wrap around Santa Ana, CA 92701 Services 714 - 824 -8140 Mental Health Minnie Street Family Resource Center 1300 E. McFadden Ave Adoptive Family support services, Santa Ana, CA 92705 case management; counseling, (714) 972 -5775 emergency assistance; family advocacy; family reunification, parenting education; Personal Empowerment Program; Bilingual Spanish Foster Youth /Adoptive Services/ Mental Health /Social Services Stanton Family Resource Center 11822 Santa Paula Street Adoptive Family support services, Stanton, CA 90680 case management; counseling, 714 -379 -0129 emergency assistance; family advocacy; family reunification, parenting education; Personal Empowerment Program Domestic Violence; ESL classes; anger management; Spanish, Vietnamese languages Foster Youth /Adoptive Service-s/ Mental Health /Social Services _ Garden Grove Housing Authority 112770 Garden Grove Blvd Housing Assistance for Garden At Civic Center Dr, Suite 101C Grove Residents Garden Grove, CA 92843 Housing 714 - 741 -5150 Serving People in Need (SPIN) Shannon Lamb, Michelle Delacio Housing Assistance & Case Guided Assistance to Permanent Case Mangers Management towards self Placement (GAPP) 714 - 751 -1101 ext 15, 20 sufficiency ShannonL @spinoc.org Michelle @spinoc.org Housing Mercy House PO Box 1905 Faith based transitional Housing Santa Ana, Ca 92702 Case Management Services 714 -836 -7901 Housing OC Interfaith For Housing 1963 Wallace Ave Transitional Housing; Temporary Costa Mesa, CA 92627 Housing 949- 631 -7213 Housing Families Forward: Rapid Re- housing 9221 Irvine Blvd Clients who are homeless; at risk of Program Irvine, CA 92618 eviction or exiting 949 -552 -2727 shelters /transitional homes, rent is partially subsidized and client's portion is scaled over a 12 month 0 WA f , 7i1 period; Orange County Residents only Housing Legal Aid of Orange County 2101 N Tustin Ave Legal counseling, advocacy, legal Santa Ana, CA 92705 representation 714- 571 -5200 Legal Services www.legal- aid.com Asian Pacific American Legal Center 12900 Garden Grove Blvd serves the diverse APA Suite 210 communities with intake, legal Garden Grove, CA 92843 counseling, education, and www.apalc.org representation in poverty law areas such as family law and domestic violence, consumer rights, immigration, and housing Legal Services Orange County Rescue Mission Health 1515 S Broadway Suite D Health Clinic Care Services Santa Ana, CA 92707 Health Services 714 -571 -4539 Clinica CHOC Para Ninos 406 S Main Street Health Clinic; Bilingual Spanish Santa Ana, CA 92701 Health Services 714- 289 -4800 Nhan Hoa Health Care Cliric 14221 Euclid Ave Suite H Garden Grove, CA 92843 Health Clinic; Bilingual Vietnamese 714- 539 -9999 Health Services Vietnamese Community of Orange County 5015 K -L West Edinger Ave Santa Ana, CA 92704 Health Clinic; Bilingual Vietnamese 714 -418 -2040 Health Services Garden Grave Regional Center 12912 Brookhurst Medi -Cal/ Food Stamps Garden Grove, CA 92840 714 - 741 -7100 Social Services CalWORKS West Regional Center 6100 Chip Ave CaIWORKS Intitial /On -going Cypress, CA 90630 Services/ Job Development 714 - 503 -2200 Social Services Central Regional Office 2020 W Walnut General Relief/ Food Stamps/ Santa Ana, CA 92703 CAPI /SSI /QMB 714 -834 -8899 Social Services Santa Ana Regional Center 1928 S Grand Ave CalWORKS Initial /On -going Santa Ana, CA 92705 Services/ Medi -Cal /Food Stamps/ 714- 435 -5800 RCA Training & Career Development Social Services WA f , 7i1 SUPPORT SERVICES REQUEST FORM ;nSCONlGItka�� C1 PANT,IiVFQR1Fla Participant Name: Date: WIA Application #: Telephone: ( ) WIA CaIGRIP ❑ OCAPICA ❑ CORE E] Bishop Manor ❑ Westminster HS ISY OSY Grant Code: ❑ 256 ❑ 257 ❑ 260 Location /Center: ❑ Buena Clinton ❑ Other: ❑ Community Day Payable to: Amount: $ Supportive Services and Supportive Service Amount /Check # Type of Receipt and Due Date Amount Requested Outcome Name of Vendor: ❑ Yes ❑ Provided Service Amount: $ ❑ No, Due Date ❑ Service Denied Check #: ❑ Copy of Receipt Amount Requested: ❑ Copy of Gas Card $ ❑ Copy Bus Pass Name of Vendor: ❑ Yes ❑ Provided Service Amount: $ ❑ No, Due Date ❑ Service Denied Check #: ❑ Copy of Receipt Amount Requested: ❑ Copy of Gas Card $ ❑ Copy Bus Pass I understand that I am required to return proper receipts and /or documentation that is requested for the purchases and services that I have received from the Supportive Services Provider. I understand that if the required receipts and /or documentation in the amount and by the due date detailed above are not returned there will he no additional supportive services provided to me. I understand that the above mentioned services provided by OCAPICA are solely for my immediate families' (immediate family includes children and spouse) and my use. If I use the services provided for any other activity or give to any person, other than my immediate family, I would be committing fraud that may be subject to consequence. CCAPCIA does not accept any type of payment from Participants for share of cost. Participant Signature Date Case Manager Signature Date Program Manager Signature Date Program Director Signature (over $500) Finance Director Signature Date W_: 1 SUPPORTIVE SERVICES LOG Name: Application Staff Date Amount Item Justification /Reason Initials ,'� Youth Incentives Policy 44 n . 41� r r [," • • • • Subject: Policy and Procedure of Incentives Purpose: To establish guidelines of Incentives and its Issuance. Incentives are given as a reward for participants who attain performance outcomes and /or key benchmarks toward those outcomes (including but not limited to attainment of employment skills and goals, mastering competency levels, etc.) Please see attached Chart. Policy and Procedures: 1. Incentives are not entitlements and shall be approved by the Program Manager and /or Program Director for a given participant on the basis of completion of goals. 2. Incentives are given as a reward for participants who attain performance outcomes and /or key benchmarks toward those outcomes (including but not limited to attainment of employment skills and goals, mastering competency levels, participating in unpaid career exploration activities, completion of series workshops, etc) Please see attached Chart. 3. Encourage youth to enroll and remain in activities throughout program duration, including the 12 -month minimum post -exit follow up phase; and 4. Provide an incentive for youth to take an active role in their community by engaging them in leadership and community services projects, including, but not Limited to participation in the Youth Council. Incentives are given to the participant and documented on Incentive Log located in participants file. Program Manager and /or Program Director must review updated ISP and the history of previously requested services before approval of new incentive request. 5. All incentive details must be specified in the participant's WIA Incentive Log, including how much was expended, the funding source used and the participant's acknowledgement of receipt. All incentive payments must be relevant to the results of the objective assessment of each participant's ISP. 6. Participant records (ISP /Case Notes /Incentive Log) and financial records pertaining to incentive financial management standards in WIA including enough information to provide a comparison of actual expenditures with the budgeted amounts and support for accounting records to ensure proper charging of costs and cost allocation. 7. Program Manager /Director may only approve the types of incentives and the dollar limits as described on the Incentive Matrix. 1pdated: 1/ 18/13 12.900 garden grove blvd, suite 214a I garden grove, california 92843 1 phone: 714.636.9095 1 fax: 714.636.8828 1 www.ocapico.org orange county asian and pacific�islonnder community alliance 2 -60rar •'r; 'alit ocapica 8. Determination of need must be clearly documented in the case notes and must have the Incentive Request Form, Invoice including Application Number of participant and including the justification of the cost. An Incentive Request Form must be completed and have an original signature from the WIA Case Manager and the participant prior to submission to the Program Manager and the Program Incentive Invoice Form that indicates the financial details of the request. 9. After the approval of Program Director and /or Program Manager has been made, the Case Manager would need the approval and signature of the Finance Director. After the Finance Director has approved the Incentive request, WIA Case Manager will obtain the incentive i.e. Gift Cards) from the Financial Department Staff. Incentives will be disbursed within 24 hours of the request. 10. It is the responsibility of the Case Manager to ensure that all incentive documentation is maintained in the participant's file. These documents include; Incentives Log, Incentive Request form, Invoice and a copy of issuance (e.g. Gift cards). 1 1.2 copies of all documents will be made for 1) participant's file, and 2) for the Finance Department. 12. Incentives shall not exceed $500.00 per participant during the course of the program, including the post exit follow -up phase. Jpdated: 1 / 18/ 13 12900 garden grove blvd, suite 214a 1 garden grove, callfornia 92843 1 phone: 714.636.9095 1 fax: 714.636.8828 � www,ocaplca,org orange county osian onific�tolider community alliance 2 EXHIBIT A r� 00 Ql a m 'v n ` `° O v + u $ v Y C7 " o M o v- O bn u a �'��° °o cwoppu v� m (U CU 0 fl v v � c C h o O u w a`o v a v ro Qo) ' E @ vNi m as ao ° u ° o C o W c u v} a°Ai O +� I, w m W O oA CU a Q? N N t E d w -+ E m m m ` C — m o 4- m E .n °o � a o° C C CL E v v E C m >- CL ai � 0) u Y H CL cu ° v cc E V) c u i c v Y CL m y o O o L Q r w cu u 4, (U u c % 3 Q7 v m E £' � v c 'a '> c @ ° Y H C 0 L o c Y aci °' y c 0 c o � 41 co u u vi a ° C n O Oa — OD m '6 Y u o U o L p o fb C O Y O �.+ °> Y O tc > v E as E a c y S o c O O N O tA m 0) E m w- -0 L. O +• u u O 6) u u � L E ° •� M O CD Y N ++ +t+ X C .i GJ E L }E T p t"n V� cc � c ro s - VI m C C 'D Y m � tCa C u m 4J O .� E cCO >, O .0 Q� V C ° V O � a0 k m C a O tw Y a V) c 'X bA m cu v u Y° O Y +� 'c -Fu W u 'a cCO v t w O CU N C+�+ N Q) tn E +• C �j N . �p fop E O c L c o ` Ll u 'R -1 O 4J 0 N m m Y Vl m t u C W ate+ O Y } L � C C O y'D 7 E LA .= Vl Y W W i' d a Z O q 3 O 9 = ++ O O O N O O O Ln O 4Ln Lri � Q ° N yr O v} AA v► O CL CL a _ ° O H_ O m a Y n C O cLO u C X �O-+ ^, u Cr1 m C O Q LU u w 6 m 4 l7 Y :3 E u �+ C o u o C7 o Ln v u -p E o r u _o � 0 O L cu m o O o a) o O w N Y N u O V C N E u GC: v Yi v +LL' C E 5 c aci V E c Fa E' fi n S- N v C cu ¢c-0° a3 Ucu CL �° EXHIBIT A r� 00 Ql INCENTIVE REQUEST FORM SEC�TIOIV I`4�GI_N1 E AGPARTi�CIP�4NF�1N€ORl lA7J��i�l ' �� -M -.M � `�� - �� t<_, Participant Name: Date: WIA Application #: Telephone: ( ) WIA CaIGRIP ❑ OCAPICA ❑ CORE SY OSY ❑ Bishop Manor ❑ Westminster HS Grant Code: ❑ 256 ❑ 257 ❑ 260 Location /Center: ❑ Buena Clinton ❑ Other: ❑ Community Day ''EIVTI E i fi M C4R C0N7x ENxONC r s WIR. _ I Payable to:7 Amount: $ SE�CTJON71t' 1�110ENTj1fS1µRVlCESEtQUESTx AE3U,0' µIncentive and Amount Incentive Requested Outcome Amount /Check # Type of Receipt and Due Date Name of Vendor: ❑ Yes ❑ Provided Service Amount: $ ❑ No, Due Date ❑ Service Denied Check #: ❑ Copy of Receipt Amount Requested: Name of Vendor: ❑ Yes ❑ Provided Service Amount: $ ❑ No, Due Date ❑ Service Denied Check #: Amount Requested: I understand that the above mentioned services provided by OCAPICA are solely for my immediate families' (immediate family includes children and spouse) and my use. If I use the services provided for any other activity or give to any person, other than my immediate family, I would be committing fraud that may be subject to consequence. OCAPCIA does not accept any type of payment from Participants for share of cost. Participant Signature Date Case Manager Signature Date Program Manager Signature Date Program Director Signature (over $500) Finance Director Signature Date Name: INCENTIVES LOG Application # Staff Date Amount Item Justification /Reason Initials Youth Protection Policy AS, ocapica Subject: Child Protection Policy Introduction The Orange County Asian and Pacific Islander Community Alliance ( OCAPICA) supports the rights of children and is committed to their safety and well- being. OCAPICA's staff members and those working with OCAPICA share a common responsibility and commitment to the awareness, prevention, and reporting of and responding to child abuse in the course of their work. OCAPICA's Child Protection Policy set out common values, principles, and beliefs and describes the steps that will be taken to meet our commitment to protect children. Scope This policy applies to all part -time, full -time, and casual OCAPICA employees, consultants, interns and volunteers (hereinafter: OCAPICA staff or staff) as well as sub- contractors and collaborative partners (hereinafter: partners) working with OCAPICA on the implementation of programs and services. Definitions Child — For the purpose of this policy, the definition of a child is "every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier." This is in accordance with Article 1 of the United Notions Convention on the Rights of a Child. Child Abuse — We define child abuse as all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including commercial exploitation, secual abuse while in the care of parent(s), legal guardian(s), or any other person who has the care of the child. Principles and values The following principles and values reflect OCAPICA's stand on child protection: Zero tolerance of child abuse: OCAPICA does not tolerate any form of child abuse, nor does it tolerate possession or access to any material that is abusive towards children. Guidance and training on child protection risk management is provided to OCAPICA staff. OCAPICA will not knowingly engage anyone who poses a direct risk to children. Recognition of children's interests: OCAPICA recognizes that some children are at greater risk of abuse. Of particular vulnerability are children with disabilities, children in conflict situations, as well as children in natural or post - natural situations. 12900 garden grove blvd, suite 214a 1 garden grove, california 92843 1 phone: 714.636.9095 1 fax: 714.636.8828 1 www.ocapica.org orange county asian and pacific islander community alliance M45 ,r Goal - To protect children from all forms of abuse in the course of our work. Purpose —The purpose of this Child Protection Policy is to: - Provide a management strategy to prevent child abuse and protect children in the course of our work; - Protect OCAPICA staff and partners from unfair practices and processes; and - Provide OCAPICA staff and partners with clear guideline on what to do in the case of suspected child abuse. OCAPICA's commitment - OCAPICA's commitment to child protection will be guided by the following: Awareness — we will ensure that all OCAPICA staff and partners, as well as stakeholders involved in projects, are aware of the problem of child abuse and the risks to children. Prevention — we will ensure, through awareness and good practice, that OCAPICA staff and partners minimize the risks to children. Reporting —we will ensure that OCAPICA staff and partners are clear on what steps to take where concerns arise regarding the safety of children. OCAPICA staff members are mandated reporters. Responding — we will ensure that action is taken to support and protect children where concerns of abuse arise. Further to the above, OCAPICA will: - Not permit a person to work with children if it has been identified that they pose an unacceptable risk to children's safety or well- being; - Take all child abuse concerns raised seriously; - Take positive steps to ensure the protection of children who are the subject of any concerns; - Support children, OCAPICA staff, or other adults who raise concerns or who are the subject of concerns; - Act appropriately and effectively in instigating or cooperating with any subsequent process of investigation; - Guide through the child protection process by the principle of "best interests of the child," - Listen to and take seriously the views and wishes of children; and - Work in partnership with parents /caregivers and /or other professionals to ensure the protection of children. 12900 garden grove blvd, suite 214a I garden grove, california 92843 1 phone: 714,636.9095 1 fax: 714.536.8828 1 www.ocapica.org orange county asian and pacific islander community alliance YSPN MEMBER PERFORMANCE PLAN 2012 -2013 WIA YOUTH POPULATION Youth Pppulaion Ages ........ # o YaUtfs t1�p�;5erved In,gchol 16 -21 8 _ Out of. Schoalt 16 -21 7 TOTAL: NUMSM M. 9CJTI TQ E S R1/ A 15 10 WIA Figments _,,, #DISCLAIMER OUTC01�1S A�, SUBJE�7�OlNCRLI> SE,© ECIt1�SEDEPEjIDI ({GONYplJ7POPUff1TI0N ..... X 1. Tutoring, study skills, training, and instruction, leading to G. Leadership development opportunities, which may completion of secondary school, including dropout X include community service and peer- centered activities prevention strategies encouraging responsibility and other positive social behaviors during non - school hours; as appropriate; X 2. Alternative secondary school services, as appropriate; X 7. Supportive Services (e.g. tools books, clothing, etc); X 3. Summer employment opportunities that are directly linked to academic and occupational learning (this element X 8, Adult Mentoring for the period of participation and a cannot be offered as a stand -alone activity) subsequent period, for a total of not less than 12 months; X 4. As appropriate, paid and unpaid wor< experience, 9. Follow -up services for minimum of 12 months after the Including internships and job shadowing; X completion of participation as appropriate, and X 10. Comprehensive guidance and counseling, which may 5. Occupational skill training, as appropriate; X include drug and alcohol abuse counseling and referral, as appropriate. EXHIBIT B 25D -77 COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C �r w �!��� Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints 0 II. General Procedures for Handling Non - Criminal Violations of the Act 6 II1. Procedures for Handling Complaints at the LWIA Level 8 IV. Procedures for Handling Complaints at the State Level V. Procedures for Handling Discrimination Complaints by Participants VI. Procedures for Handling Handicap Complaints by Participants GLOSSARY OF WIA TERMS z EXHIBIT C 25D -79 12 15 17 20 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to; • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. EXHIBIT C 25D -80 Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 EXHIBIT C 2501-81 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: s EXHIBIT C 25D -82 Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." It. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA EXHIBIT C 25D -83 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private - for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C 25D -84 A "participant ", within the meaning of these procedures, is an individual who receives employment - training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. if a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. Ill. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; 8 EXHIBIT C 25D -85 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWiA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 9 EXHIBIT C 25D -86 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 EXHIBIT C 25D -87 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D, Record of Hearing 11 EXHIBIT C 2501-88 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. 22 EXHIBIT C 25D -89 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 EXHIBIT C 2501-90 hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. I4 EXHIBIT C 2501-91 D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement, This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). is EXHIBIT C 25D -92 PROCEDURES FOR HANDLING NON - CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LW/As Informal Resolution Process Unsatisfactory Decision or LWIA Decision not issued within 60 days 0 Request for State Review Governor's Decision issued by State Review Panel e If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 25D -93 w a a 0 w 0 0 0 0 c c 0 fro 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst —EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 17 EXHIBIT C 25D -94 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 18 EXHIBIT C 2501-95 PROCEDURES -FOR HANDLING .HAN AE COMPLAINTS No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA Informal Resolution 0 If no resolution reached 0 o Request for Hearing Notice of Hearing Hearing Conducted LWIA Decision a Unsatisfactory Decision or No Decision State Review i f Governor's Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C 25D -96 Day 1 Day 145 Day 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 EXHIBIT C 25D -97 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT -- Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post - termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. zs EXHIBIT C 25D -98 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, 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 subawards at all tiers (including agreements) and that all subrecipients 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 31 U.S.C. 1352. 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. OCZAu ,-G [ --W4't Y AS,,AV4 A Grantee/ Contractor Organization Signature ilA� -`� RANK �vo Name of Certifying Official Signature IL S Aye a��C'2 ¢o A,� S, A\3 Date +jl ,7 TU 28 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Ter Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. 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 paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. O tLNV -C-F no AC5 %Aa ,� 1"Q?- t T`Y A 1 1 4� 011A ZA��L �0 Grante /Contr or Organization i 4 tT Name and Title of Official Authorized to Certify On Behalf of the Grantee Date 1 26 Budget Form Administrative Total Cost (Not to Program Total WIA Cost 'Match/In Kind Exceed 10 %) Cost PersonnL Salaries $400.00 $400.00 . .. 1 Program Manager (0.05 FTE) $2,620.00 $2,620.001 $49,875.00 2 Director, Finance and Administration (0.0 FTE) $0.00 $0.00 $3,750.00 3 Case Manager (.50 FTE) $18,720.00 $18,720.00'' $1,000.00 4 Job Developer /Placement Specialist (0.45 FTE) $16,848.00 $16,848.00'' 5 Accountant (0.05 FTE) $2,184.00 $2,184.00' Rersorine 1 benefits @ 27% for Program Manager (0.05 FTE) $655.00 $655.00 $12,312.00 2 benefits @ 27% for Director, Finance & Administration (0.0 FTE) $0.00 $938.00 3 benefits @ 27% for Case Manager (.50 FTE) $4,680.00' $4,680.00 4 benefits @ 27% or Job Developer/Placement S ecialist 45 f p ( $4,212.00 L $4,212.00 $500.00 5 benefits @ 27% for Accountant (0.1 FTE $546.00 - - - - - -. . $546.00'' $26,880.00 Total Personnel Salaries & Benefits $2,730.00 $47,735.00 $50,465.00 $66,875.00 Participant Incentives* $2,500.00 Rent $4,200.00 $4,200.00 $1,500.00 Utilities _ $120.00 $120.00 Phones $300.00 $300.00 $92,110.00 Internet Fees $75.00 $75.00' Parking Fees Security Maintenance Insurance Equipment rental fees* $400.00 $400.00 Equipment rental fees* Vehicle lease* Office expenses (consumables) __. -._----------- $11000.00 $1,000.00 Accounting Services ..... . ............ Legal Services Auditing Services Indirect Cost* $5,300.00 $_5,300.00 Staff Training $400.00 $400.00 Staff Conferences Staff Travel /Mileage $500.00 $500.00 Participant Wages* $1,200.00 $26,880.00 $28,080.00 Supportive Services* $6,500.00 $6,500.00 Participant Incentives* $2,500.00 $2,500.00 Youth Conferences $1,500.00 $1,500.00 Total Operating Expenses $6,500.00 $44,375.00 $50,875.00 $0.00 GRAND TOTAL (versonnet +Operating) $9,230.00 $92,110.00 $101,340.00 $66,875.00 EXHIBIT G 25D -101 XVI. BUDGET NARRATIVE Personnel Salaries Staff Salaries % time Requested Funding Program Manager 0.05 FTE (95 FTE In -kind) $2620.00 The Program Manager will be 1.0 FTE (0.05 from WIA and 0.95 provided by an In -Kind from other OCAPICA Youth Program funding sources). The Program Manager will ensure compliance with all requirements and will provide overall supervision to the project. The Program Manager will increase additional partnerships in diverse and nontraditional job industries to accept the program's youth for paid and unpaid work experiences. The Program Manager will also work closely with OCAPICA's mental health, youth development and leadership, youth afterschool tutoring and mentoring, and college preparation programs to coordinate services for the participants. The Program Manager will also attend required Santa Ana WIB administrative and finance meetings. The Program Manager will supervise program activities, staff, and ensure all goals are met for the program. This includes working to increase the number of job opportunities for the youth, working with the case managers to coordinate services, working closely with the to monitor the budget, setting up and monitoring supportive services, and supporting staff to implement all programmatic, administrative, and evaluation aspects. The Program Manager will also develop and maintain the paid work experience and internship agreements. Director of Finance and Administration (.05 FTE In -Kind) $0.00 The Director of Finance oversees and implements the financial and administrative aspects of the contract and ensures all contractual requirements are met. The Director of Finance also ensures all documentation is met and oversees the preparation for audits as well as ensures compliance with the regulations set forth by the Santa Ana W113. Case Manager .50 FTE $18,720.00 The Case Manager will be bilingual preferred and will provide comprehensive case management and support to youth to be able to obtain and stay in a job with a living wage. The Case Manager will help identify and run training workshops, help the youth eliminate the barriers to obtaining and retaining a job, provide supportive services, provide access to mental health and social support counseling, provide access to academic support, and help the youth understand how to access resources and coordinate their care and increase their confidence, self - efficacy, and leadership skills to gain job skills. The Case Manager will work in partnership with the youth to identify appropriate adult mentoring and coaching, careers goals, skills desired, needed supportive services, and ongoing progress. The Case Manager will also determine youths' eligibility to be program participants and will complete all required documentation related to the youths' enrollment and completion of the program, as well as ongoing case management. Job Development /Placement Specialist 0.50 FTE $16,848.00 The Job Development /Placement Specialist will evaluate youths' potential for placement in jobs and directly assist participants to find appropriate employment. This position will also locate and develop job and training opportunities for the youth, place and provide supervise youth in their positions, conducts job and leadership development trainings, and administers and scores tests and eligibility assessments. The Job Development /Placement Specialist will also train EXHIBIT G 25D -102 employers and resources on supporting WIA youth activities, as well as provide ongoing assessment and evaluation of the youths' success in retaining a job. This position will work closely with the Program Manager to gather information on labor needs, expected standards of performance for the development of training programs, and will follow up with placements to continue with agreements and support to accept youth into employment and internships. Accountant .05 FTE $2,184.00 Supervised by the Director of Finance and Administration, the Accountant will implement all financial policies and procedures for the program and ensure compliance and monitoring of all the participant costs, including monitoring incentives, supportive services funds, supplies, wages, benefits, and participant training costs. Personnel Benefits are 27% of personnel costs $10,093.00 Benefits include retirement at 3.00 %, medical and dental insurance at 10.66 %, worker's comp at 1.81 %, FICA at 7.65 %, SDI at 1.08 %, unemployment at 3.40 %, and LTD at 0.40 %. Total requested funding for personnel $50,465.00 Operating Expenses Rent $4,200.00 Rent will cover a portion of office space and potential satellites, approximately 400 square feet for 2.15 FTE at $1.05 /sq ft x 12 months. Utilities $120.00 Utilities include the monthly cost of the alarm system and other utilities related to the program and program staff. Phones $300.00 Telephone includes the monthly cost for telephone and fax service for program staff to perform program, administrative, and other duties to implement program activities and ensure compliance. Internet Fees $75.00 Internet fees are the monthly fees related to using the internet for program staff onsite at the OCAPICA offices. Equipment rental fees $400.00 This covers a cost allocated portion of the monthly lease on the copier for the program to make copies, print flyers and brochures, and print reports and administrative requirements for the program. Office expenses $1,000.00 Office supplies include, paper, pencils, binders, and other items needed by program staff for administration. Also included are consumables such as postage, computer fees, and water. EXHIBIT G 25D -103 Staff Training $400.00 Youth employment staff will receive training throughout the 12 months of the program In addition, the staff may participate in non -WIA trainings to build their professional skills to ensure more effective and efficient delivery of service. Examples of trainings may include case management skills, placement/guidance skills, gang intervention techniques, skills necessary to work with disabled youth, and excel /access database management. Staff Travel/Mileage Reimbursement $500.00 OCAPICA allows $0.555 /mile. This will cover a monthly mileage of approximately 135 miles among 2.15 FTE x 12 months. Mileage includes going to meetings, conducting outreach, recruitment of youth, providing transportation to youth, and meeting with youth. Participant Costs Participant Wages $25,200.00 Participant wages will be provided for each participant. Wages will be earned through work experience or on- the -job training. Each participant may be eligible for up to 50 hours of paid work readiness training and 150 hours of worksite experience placement for a total of 200 hours. (200 Hours X $8.00 X 15 participants = $24,000). In addition, there is an OCAPICA administrative cost to process the payroll ($1,200). Participant Benefits $2,880.00 This also includes a 12% benefits rate that includes payroll tax, workers' comp, and unemployment insurance for participants. In addition, there is an OCAPICA administrative cost to process the payroll. Participant Supportive Services $6,500.00 Supportive services include the costs of transportation, child care, housing, and other identified needs for the participants that supports them to participate in job and leadership skills activities. This includes the cost of student supplies for participants to help support them in their completion of certification programs, their GED, and /or secondary and post - secondary educational goals. OCAPICA expects an average of $417 in supportive services to be distributed per participant. See Section IV Attachments for Supportive Services Matrix. Participant Incentives $2,500.00 Small incentives will be provided to youth participants for participation and completion in WIA activities, including, job skills training, workshops, completion of GED or graduation requirements, and other successful activities completed by the youth. Incentives may be gift cards or fieldtrips. OCAPICA expects an average of $167 in incentives to be distributed per participant. See Section IV Attachments for Incentive Matrix. Youth Conferences $1,500.00 This will cover the costs for youth to be able to participate in conferences, training programs, and field trips - including covering the registration or tuition fees, career exploration activities and opportunities, certification programs, or other job and career development training programs that are proven to be effective and needed for the youth to obtain a job and further develop their career interests. EXHIBIT G 25D -104 Indirect $5,300.00 OCAPICA has a federally approved indirect rate of 22.10% related to actual costs and a cost allocation plan based upon FTE for management time, common costs, financial services, administration, audit, operations, professional services, and other non - programmatic costs. OCAPICA is requesting about 3% for indirect and providing the rest of the costs in -kind. The $5,300.00 OCAPICA is requesting is to cover a small amount of the agency's payroll services in relation to program and youth employees. Subtotal of Participant Costs Total Requested Budget $ 50,875.00 $101,340.00 OCAPICA will be leveraging the budget through at least $67,031.00 from existing grants and contracts focused upon the youth target population, in which this Youth Employment program is an ideal and complementary component to existing programs. This includes staff time as well as space, utilities, and other resources. See attached for: - Documents /Forms to track compensation - Paid Work Experience Policy - Supportive Services Policy - Incentive Policy XVII. BUDGET See Budget Form (Attachment B) EXHIBIT G 25D -105 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. recognize that I must give assurances for each item below. If I cannot, this proposal will be amatically rejected. Please initial each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. kkV We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: Records accurately reflect actual performance. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non - discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990 Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) Procurement policies and procedures are in place and meet federal guidelines. Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 We will not: lace a youth in a position that will displace a current employee. se WIA money to assist, promote, or deter union organizing. se funds to employ or train of persons in sectarian activities. Use funds for youth in the construction, operation, or maintenance of any part of a facility to bl used for sectarian instruction or religious worship. Jse WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. se WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1 94 unless the program(s) are only for youth eligible to participate under WIA. se WIA money under this contract to purchase any equipment. hereby assure that all of the above are true. 3 `y%kk 3 Nash Title Date moo)7 25 _ ' LO �Ti ORANCNT -01 PATRA5 CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: REVISION Kul IrulRCO. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE YY) TYPE OF INSURANCE 1012 312 01 14!23!2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES P–' OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ( (ESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Chapman a Division of Arthur J. Gallagher & Co, Insurance Brokers of California, Inc. PO BOX 5455 CONTACT NAME: WC, PHONE N 1 626 405 -8031 FAx 1 626 405 -0585 ac Eal 7 Arc No : ( j E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC N Pasadena, CA 91117 -0455 INSURERA:GreatAmerican Insurance Company 16691 $ 1,000,000 INSURED INSURER 8: X Orange County Asian & Pacific Islander Community Alliance Islander Comm Alliance INSURER C: 10/15/2012 INSURER D To PREMISES Ea occurrence 12900 Garden Grove Blvd #214A INSURER E: $ 5,000 Garden Grove, CA 92843 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION Kul IrulRCO. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOLSUBR INSR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM / DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I A I OCCUR X PAC0330978 10/15/2012 1011512013 To PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 X Professional Liab. PERSONAL & ADV INJURY $ 11000,000 X Sexual Abuse GENERAL AGGREGATE $ 2,000,000 _GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PEA F7 LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ tJTOMOMLE A LIABILITY ANY AUTO PAC0330978 10/15/2012 10115/2013 EOMBIBI aeD SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ALL OS SCHEDULED AUTOS AUTOS BODILY INJURY (Per ( ) $ X HIRED AUTOS X AUTOS NEO AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB TCLAMS-MADE CUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DED I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICERIMEMBER EXCWDEI ❑ NIA WC STATU- OTH- TORY LIMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) if yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS hetow A Employee Dishonesty PAC0330978 1011512012 10/1512013 Deductiible: $1,000 50,000 A Forgery & Alteration PAC0330978 10115/2012 10/1512013 Deductible: $1,000 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: WIA Youth Provider Agreements #Y6.2W -12 and Y6- CGRP -12. County of Orange, its elected and appointed officials, officers, employees, agents and volunteers are named addit)ona[ insured with respect to the operations of the named Insured per the attached CG2026 EndorsemenL Such insurance is plrmary and non - contributory per the attached endorsement. GERTIFIGAIE HOLDER CANCFI I ATICIN "7LriltS © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name an fg s marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFORE County of Orange, Orange County Workforce Investment Board THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Amy Harayda AUTHORIZED REPRESENTATIVE 1300 S. Grand Ave., Bldg B, 3rd Fl Santa Ana, CA 42705 I — — "7LriltS © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name an fg s marks of ACORD 0694804 GREAT AMERICAN INSURANCE CO Administrativa Offices 07/04 Ed CG 20 26 . 301E 4th Street ( ) iRLAT CiZcinnati OH 45202 -421}1 AMERICAN, 513 ph Policy: PAC 033 -09 -78 00 INSURANCE GROUP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 5UHI=UUL ame of Person or Organization: OUNTY OF ORANGE, ITS ELECTED AND APPOINTED OFFICIALS, FFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS OUNTY OF ORANGE, ORANGE COUNTY 'ORKFORCE INVESTMENT BOARD TTN: AMY HARAYDA 300 S. GRAND AVE., BLDG B, 3RD FL ANTA ANA, CA 92705 E: WIA YOUTH PROVIDER AGREEMENTS #Y6 -2W -12 AND Y6- CGRP -12. (HERE REQUIRED BY WRITTEN CONTRACT, EVISION OF OTHER INSURANCE CLAUSE P —MARY INSURANCE: THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY SUCH ADDITIONAL INSUREDS IS NONCONTRIBUTING WITH THIS INSURANCE AS RESPECTS LEGAL LIABILITIES OR CLAIMS CAUSED BY, ARISING OUT OF OR RESULTING FROM THE ACTS OR OMISSIONS OF THE NAMED INSURED, OR OF OTHERS PERFORMED ON BEHALF OF THE NAMED INSURED. LL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations; or B. in connection with your premises owned by or rented to you. Copyright, Insurance Services Office, Inc., 1984 ICG 20 26 07/04 (Page 1 of 1 ) 0 Contract No. MEMORANDUM OF UNDERSTANDING UNDER THE WORKFORCE INVESTMENT ACT THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 151 day of July, 2013 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and the Santa Ana Public Library /City of Santa Ana ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as .follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference 25D -109 Page € of 15 incorporated herein, CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Conaplaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed. by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY, G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37, The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I, CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the forma and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25D -110 Wage 2 of 15 CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above- referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and 25D -111 Page 3of15 attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend finds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. 0. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated finds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the malting of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall frilly 25D -112 Page 4of15 comply with all 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 Section 5200) of Part 5 of Division 9 of the state Family Code; and, 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 Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $170,000.00 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2013, and all duties arising under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. 25D -113 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to the Summer Youth Program, the only measure is "Work Readiness ". Pending WIA reauthorization and or U,S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the 25D -114 Page 6of15 benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately .return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25D -115 Page 7 of 15 12. 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, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY airy invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights uuider any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able iaterial is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so, The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and 25D -116 page 8of15 Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any lazown violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public fiends and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (W113), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non- voting member of a WIB, will 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 CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed tinder this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 25D -117 page 9 of 15 6. Salary and Bonus Limitations, All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR and any Subcontractor agree to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance .insuring the State of California, CITY, and CONTRACTOR against any liability for accident, .injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (see Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self- insurance. Any subcontractor to CONTRACTOR shall comply with these Insurance Provisions and provide the comprehensive commercial general liability insurance coverage as well as the Additional Insured Endorsement naming the CITY as additionally insured. 2. Automobile Liability Coverage CONTRACTOR and any subcontractors shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 Iimit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of 25D -118 Page 10 of 15 this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR and any subcontractor is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR and any subcontractor shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Covera e. CONTRACTOR and any subcontractor shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR or such subcontractor in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal .Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671, 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 25D -119 Page II of 15 4, All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds Linder this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received. or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is 25D -1 20 Page 12 of 15 to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting :from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 25D -121 Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Santa Ana Public Library /City of Santa Ana 26 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 647 -5250 Fax: (714) 647 -5291 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -1 22 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding the date and year first above - written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" LO-B Kevin O'Rourke City Manager Santa Ana Public Library /City of Santa Ana "CONTRACTOR" IC •- Gerardo Mouet Executive Director Tax ID #: 95- 6000785 25D -123 Page 15 of 15 COVER PAGE PROPOSER APPLICATION Agency Legal Name Santa Ana Public Library Agency DBA CDBd- Program Name Seeds To Trees Digital Media Technology Academy Agency Address 26 Civic Center Plaza, M -75, Santa Ana, CA 92702 Contact Person & Title Cheryl A. Eberly, Principal Librarian Email ceberl santa-ana.or -Telephone # 714 -647 -5288 Fax # 714- 647 -6913 Federal ID Number 95- 6000785 AGENCY STATIiS Public Non- WIA Corporation CDBd- Private Non - Profit Amount $170,000 100+ Profit $55,857.00 10 ain- 9 pm 10 am -9 pm 10 am -9pm 10 am -6pm Years in Operation? Private for Profit Government X Other PRIMARY FUNDING SnITRcr, ,q Funding Source WIA Santa Ana General Fund CDBd- Time Warner Franchise Amount $170,000 $ 190,778 $20,767 $55,857.00 HOURS OF OPERATION AN71 DAV.c Days Monday Tuesday Wednesda Thursday v -Friday Saturday Sunda Hours 10 am -9 pm 10 ain- 9 pm 10 am -9 pm 10 am -9pm 10 am -6pm 10 am- 6 m TARGET POPULATION Older Youth 20 Younger Out -of- School 8 In- School 12 Youth # of Youth to be Served in 2013/2014 20 Total WIA Funds $ 170,000 Requested In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the agency named above. Director Parks and Signature Title Recreation Services Date 3/5/2012 EXHIBIT A 25D -124 2 PROGRAM NARRATIVE FOR WIA YOUTH PROGRAM OPERATORS PROGRAM YEAR 2013/2014 SEEDS TO TREES: DIGITAL MEDIA TECHNOLOGY ACADEMY SANTA ANA PUBLIC LIBRARY In Partnership With RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT EXHIBIT A 25D -125 I. Executive Summary The "Seeds to Trees Digital Media Technology Academy" program developed by the Santa Ana Public Library in partnership with the Rancho Santiago Community College District's (RSCCD) Corporate Training Institute (CTI) and Digital Media Center (DMI) will provide training and work experience in various fields of digital media technology for 20 youth ages 16 -21 (Please refer to MOU of the partnership). Of these 20 WIA eligible student interns, 8 youth (40 %) will be "Out -Of- School Youth" (ages 16 -21) and 12 youth (60 %) will be "In- School Youth" (ages 16 -21). At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. The Santa Ana Public Library currently has extensive programming for teens and young adults. Most pertinent to the workforce development goal of this grant is the Seeds to Trees Academy, which utilizes the library's Circle of Mentoring model to provide a tiered program of instruction and employment for youth with the aim of introducing them to and training them in skills essential to a secure employment in 21" century industries. The library has a successful history of providing teens with training in video production and an opportunity to produce video content for the city's CTV -3 channel. The program will provide participants with WIA Elements 1, 4 -10. The program will offer students tutoring, study skills training, and instruction leading to the completion of a high school diploma and post - secondary education readiness (1). Students will have the opportunity for occupational skill training in digital media technology through Rancho Santiago Community College and its Corporate Training Institute (CTI) Program (4), as well as work experience producing videos for the city's CTV -3 channel and design/content for various agency and affiliate web sites (5). During their work experience, the teens will operate in teams, where the need for tearnwork will help them to develop an understanding of the importance of responsible behavior and an opportunity to display leadership (6). During the entire learning and working period, youth will be monitored and supported by adults and responsible young adults from the library and the College District (8), and provided with the educational materials and equipment required to successfully complete the program (7). A licensed Masters in Social Work intern (MSW) skilled in a variety of fields, including addiction and family cow -iseling, will be available to students as needed (10). Follow -up services for a minimum of 12 months after program completion will be provided for youth to support educational and/or employment endeavors (9). The program aims to provide participants services in the following areas: Work Experience, Vocational Training and Certification in Digital Media Technology, educational support, civic engagement and leadership development, entrepreneurship training, life skills development, college skills development, job search training, mentorship, follow -up services. Classes will be conducted by qualified teaching staff from Rancho Santiago Community College, and will be supplemented by workshops in academic and life skills development conducted by library and project staff. Work experience will occur as appropriate: in the library, in the digital Media Center, and in the field, as interns complete projects that explore and document the needs of their community. The amount requested to provide these services is $170,000, II. Experience/ Qualifications: Santa Ana Public Library: The Santa Ana Public library (SAPL) is a division of the City of Santa Ana's Parks and Recreation Department. The administration and management personnel of the department, including the Director's office, accounting, and payroll functions, are housed in the Main Library building and available for participation in the project. PRCSA's staff is experienced in the management of grants and has learned to incorporate the payment of grant - funded interns through participation in the library's federal IMLS grant. The library itself employs 10 full -time librarians, 8 full -time paraprofessionals and 8 full -time clerical personnel. We currently employ 70 part time EXHIBIT A 25D -126 clerks and tutors in children's, teen and adult programs. Some of our part- timers are paid through the General Fund and others through various grants. In recent years, the library has a record of unusual success in attracting teens to its TeenSpace and supporting them through its many programs. The TeenSpace is advised by the Teen library Club. As a group, these teens have contributed many thousands of hours of community service to the library, 98 percent have graduated from high school and 90 percent have gone on to higher education. These are teens that do not represent the top 10- 20 percent of their high school class. They are not involved in student government or school activities. They are the quiet at -risk youth whom no one notices. But at our TeenSpace, they are noticed, nurtured and appreciated. The library has maintained a high number of ongoing programs for teens, including a very intensive Summer Volunteer Institute (SVI) that encourages teens to find self worth and civic engagement though giving back to their community. Last summer nearly 200 teens donated some 6,000 hours of their time to supporting programs for library patrons of all ages, mentoring over 200 children in our "Buddy" programs, helping limited English speaking adults to master computer technology and improve job skills, volunteering at community events, and becoming involved in the social and educational life of their community. All together, the library conducted nearly 90 programs for teens during the summer at three sites. At present, teens continue to volunteer through the school year in math, reading, fitness and art "Buddy" programs aimed at young children. There are daily activities for teens at both library branches and the Jerome Recreation Center, including the Youth Health Ambassadors, history, civics, green living scholarship, fitness and Teen Library clubs as well as arts, literature, video production and graphic arts workshops and tutoring in math and reading. Half of our part time staff are involved exclusively in assisting with these projects, and are experienced and committed to the growth and development of the young people they work with. The majority of teens hired through our grant programs have begun their contact with the library through the volunteer program. Our volunteers are mentored by staff and older teens and transition age young adults (18- 24), and encouraged to develop personal and academic goals and an understanding of the importance of their work to themselves and others. The library has also been unusually effective in working with probation youth volunteers. Annually, forty to fifty probation youth complete their community service at the library. Ten to fifteen of those continue volunteering at the library when their community service responsibilities are concluded. In all of our youth - centered programs, two guiding principles have been primary: The Circle of Mentoring concept and its logical successor, the Seeds to Trees concept. The first emphasizes the value to both mentor and mentee of a close and lasting supportive relationship, and the second the value of providing long -term mentoring, teaching and financial support for developing youth. These principles are the basis of our success with WIA youth in our 2011 -2012 and 2012 -2013 programs. All full -time employees at the library are involved in mentoring the students we employ under WIA. In addition, the library has been able to supplement this personal support with organizational support in the form of educational and personal counseling, transportation to classes, and paid internships at the library. To attest to the impact of library services, in 2011 -2012, out of 20 students in the Seeds to Trees Digital MediaTechnology Academy program, nine completed a high school diploma or GED, 9 students enrolled in post - secondary education, 15 found employment, 16 demonstrated an improvement in basic skills, and all 20 received digital media technology credentials (refer to attachment 12). EXHIBIT A 25D -127 The Library's allocation of City General Fund monies for 2012 -13 was $2,901,140. Other sources of revenue include a CDBG block grant of $258,072, which supports the Homework Help Centers. We anticipate an equivalent CDBG grant for 2013 -14 for this purpose, and were recently awarded a $59,000 LSTA grant from the State Library's LSTA program, as well as $13,000 in smaller grants from various State Library sources. Santa Ana is currently a finalist for the Institute for Museum and Library Services' National Medal for Library Services, which is awarded annually to five libraries of various types across the country for making a difference for individuals, families, and communities, and demonstrating innovative approaches to public service. The Seeds to Trees Digital Media Academy is one such approach. The library's three -year, $636,000 Laura Bush 21 st Century Librarian grant, which concludes this June, is another. The program combines the veteran apprenticeship concept with cutting -edge technology. Laura Bush employees are required to attend a Graphics Design course created and staffed by library staff, and to blog weekly in the project's website about their experiences and what they have learned (www.seedstotreesacademy.com). As part of their job experience, they rotate through all of the divisions of the library, assisting librarians with graphic and web design projects, teaching computer skills, and creating and filming content for the City's CTV -3 channel. This focus on technology is responsive to the IMLS mandate amongst agencies serving teens to emphasize the development of STEM (Science, Technology, English and Math) skills. Our experience with Laura Bush and other grants providing mentorship and technology training have enabled the library to smoothly transition into the WIA grant functions provided in 2011 -2012 and 2012- 2013 Seeds to Trees Project and will continue to do so in the upcoming fiscal year. The library again plans to supplement staff experience with required attendance at appropriate InfoPeople and IMLS webinars and /or workshops on STEM, digital technology and youth development. These courses cover a variety of topics such as personnel management, grant writing, and budgeting. Among the conferences attended by staff this year is an IMLS conference on Technology in Libraries that focused on "Putting the Learner at the Center" through innovative teaching materials and programs. The library has also cultivated extensive interactions /partnerships with area agencies who are, or should be, working with youth, including the Orange County Probation Department, the Foster Youth Collaborative, Latino Health Access, Santa Ana Building Healthy Community Initiative, Santa Ana Community College, and local historical associations and museums. The trained staff devoted to this project has included one frill -time city employee who served as Lead Case Manager and whose sole responsibility has been to implement and monitor the program. Beatriz Preciado has extensive experience working with young people and substantial organizational skills, and has been instrumental in the success of the 2011 -2012 and 2012 -2013 WIA programs. She has recently earned a Master's degree in Library and Information Science from San Jose State University, and her undergraduate degree from California State University Fullerton centers on Interpersonal Communication. In addition, our Young Adult Librarian has devoted nearly half of her work time to guiding and overseeing the program. The librarian in charge of CTV -3 programming for the city has been responsible for effective cooperation with Ranch Santiago Community College District's Corporate Training Institute, with the result that class schedules and locations, content and student monitoring were implemented and problems solved promptly. She also has had oversight of the work experience of the youth participants, coordinating filming, editing, and web content design through the efforts of her staff. Additional staff has roles as tutor and project mentors (refer to attachnient K and L for a list of SAPL and RSCCD Project staff). EXHIBIT A 25D -128 In collaboration, the efforts of these staff members have produced notable successes, especially with WIA - mandated goals. The program has achieved full enrollment very early in the cycle for both 2011 -2012 and 2012 -2013, Thus far, a total of forty participants have completed the first phase of the training successfully, and were awarded certificates from Rancho Santiago Community College District testifying to their mastery of digital media preproduction skills. Our out-of-school participants are working to complete high school requirements under staff supervision. In pursuit of WIA employment development goals, participants have been able to take part in the RSCCD Young Entrepreneurs Program, which exposes youth to mechanisms and methods of increasing the marketability of their products and skills. The program is organized and running efficiently. Staff is skilled in providing the mentoring, support and monitoring required by the grant. Participants receive a well- balanced digital media training curriculum taught by qualified instructors, and RSCCD certificates at its conclusion. They experience the workplace and its requirements while working for the library and are paid an hourly wage. They are supported by staff and outside resources in pursuit of educational goals and needed personal counseling. The youth are brought into contact with potential employers and taught to present themselves effectively in the job market. We are poised and prepared to move smoothly into a third year of successful service to at risk youth in the community. Experience/ Qualifications; Rancho Santiago Community Colleac District (RSCCD): RSCCD has had a long and extensive history of serving Santa Ana youth. The Santa Ana College campus of RSCCD was the second junior college in the county and was founded in 1915 as a department within Santa Ana High School. As such, the campus has focused on serving the youth of Santa Ana from its very inception. A list of recent programming efforts illustrates this continued commitment towards the city's youth. Since 1995, RSCCD has initiated numerous programs to address the needs of Santa Ana youth. These efforts have included a 1997 HUD -COPC grant, 1998 -2006 Learn & Serve America program, and an AmeriCorps Foster Youth Project between 1998 and 2005. Ongoing youth orientated initiatives include GEAR UP (1999 - present), Student Support Services (1995 - present), and Talent Search (1995- present). Through numerous programs, RSCCD provides tutoring; mentoring; counseling advisement; PSAT /SAT /ACT preparation; job shadowing and work experience for 9th -12th graders at SAUSD high schools; the Early Decision program to provide counseling, registration, and fall enrollment for incoming seniors; and a summer Math Bridge programs for 8th graders to be able to enter and succeed in Algebra I in 9th grade. This support of youth extends to the District's commitment to help minority youth graduate from college. Santa Ana College has the 5�' highest number of Hispanic graduates in California and is ranked 12"' nationally amongst junior colleges. RSCCD, through its Corporate Training Institute, has been working with WIA since October 2009 when it began co- authoring a Department of Labor grant in partnership with the Santa Ana W /O /R/K Center. Work on this grant began in July 2010, titled the Job Technology Project, and it focused on providing 100 displaced workers with job skills assessments, basic skills training in reading, math and analytical thinking, as well as computer literacy classes and green training in solar energy, water treatment and water distribution. Unemployed individuals who participate in the Water Technology courses tools the State exam for certification and the grant finds provided job development and placement services. The Corporate Training Institute is also a partner on the Orange County W113's California Gang Reduction, Intervention & Prevention (GRIP) grant. The program focuses on assisting youth that are at risk of gang involvement and gang- involved youth in obtaining employment readiness skills. Eligible youth receive a full array of workforce development services that include job exploration activities, paid training and subsidized EXHIBIT A 25D -129 work experience. Youth participating in the CaIGRIP program are provided with the proper tools to succeed in their careers and encouraged to continue on a successful and productive future. The primary staff members who will oversee the project include Ms. Ruth Cossio- Muniz, the Director of the Corporate Training Institute. She leads most of the WIB projects at Rancho Santiago CCD and continues to forge additional joint ventures. In this partnership, she will be working with the professional trainers on customizing curriculum for the high school youth, managing schedules of all instructors for the digital technology training, preparing presentations, publishing handout materials, coordinating staff to update student records and transmitting invoices, as well as maintaining communication with all partners involved. (Refer to attachment L for a list of RSCCD staff that will be assisting with this project.) III. State the Problem A significant number of youth in the community of Santa Ana come from economically disadvantaged families. Low socio- economic status often leads to a number of barriers impeding student success such as educational underachievement, higher likelihood of high school dropout, offender, teen parent, and welfare dependency. Latino students comprise a majority of the student population in the Santa Ana Unified School District. Nearly seventy -two percent are reported as dropping out. These students leaving school without a diploma will limit their opportunities for personal and/or professional success by not having the appropriate education or training for the labor force. It is known that high school dropouts earn less wages, are more likely to commit crimes, and are considered less healthy both physically and emotionally than students that graduate. Many jobs in the market require a high school diploma, so that youth who do not graduate contribute to increasing unemployment rates among youth, juvenile arrests, gang affiliation and births to teens, perpetuating the poverty cycle. For students who do earn a high school diploma, many do not enroll in post - secondary institutions. Instead, they enter the workforce to assist their families financially. But with limited education, training, and /or experience it is difficult to find employment with sustainable earnings. As a result many youth become frustrated with their current situation and resort to substance and /or drug abuse for an escape. Students who do enroll in post- secondary education are often first generation students and therefore have difficulties adjusting to the role of college student. Students are often unaware of the resources on campus available to assist them with the completion of their degree. Therefore many students perform poorly and eventually drop out of college. N. Barriers The "Seeds to Trees" program plans to recruit youth with barriers to employment, educational advancement, and a successful future. To see the complete list of barriers please see attachment F2. For this reason the program will devote particular attention to probation /foster youth and youth with disabilities. Foster Youth: The library has developed a successful association with Orangewood Children's Foundation which serves foster youth in Orange County, and they have agreed to refer foster youth for participation in the program (refer to Letter of Commitment from Orangewood Children's Foundation). WIA youth interns are currently working on producing two videos highlighting the Academy, a Orangewood sponsored Charter High School projected to be opened in August 2013, as well as a video highlighting the Rising Tide Transition Living Program. Further, the EXHIBIT A 25D -130 Project Director has been attending meetings of the Foster Youth Breakthrough Collaborative since 2009. Since several project employees are former emancipated foster youth from Orange County, we will have staff on hand uniquely qualified to assist foster youth interns. Probation Youth: The "Seeds to Trees Digital Media Academy" program plans to recruit youth who are on probation through our partnership with the Orange County Probation Department. We have had tremendous success with probation youth community service volunteers. Forty to fifty probation youth volunteer at the library annually, and ten to fifteen of those remain as volunteers after their service hours are completed. We are currently piloting a program specifically aimed at probation youth that includes workshops on adolescent behavior and attitudes and how they resonate in a student's life, as well as classes in needed academic subjects. Youth with Disabilities: Youth with physical disabilities will be welcome in the program, as will youth with mild learning disorders. Youth with severe cognitive disabilities will find the educational components of the program too demanding. With space in the program limited, it is necessary to offer the training only to those who can benefit from it. Among the youth served by the Santa Ana Public Library, there are a number of barriers associated with poverty preventing the achievement of short and /or long term goals. The most common barrier as concluded by the TABE test is basic skills deficiency. Student results indicate that a majority of students are performing at or below an equivalency of 8.9 grade level. These students often have difficulties in the completion of their education, since they are likely to fall behind in semester credits and in turn eventually drop out of high school. A second common barrier is poor work history. Students with poor work history are at least 19 years of age and have never had a full -time job. As students continue to search for opportunities in a competitive job market, they have fewer opportunities with limited education and work experience. Many of the youth do not have reliable transportation to and from school or to the place of employment. As a result it causes an attendance and/or punctuality issue. Many of the students do not have professional clothing readily available for employment interviews or professional events. These barriers are often setbacks for students. V. State the Solution The Seeds to Trees program is supports students by providing resources, knowledge and /or informational tools to find personal connections for educational and local workforce opportunities. Throughout the program, students will have the opportunity of attending media arts instruction with the implementation of a curriculum similar to college coursework. Students will attend or partake in various activities to enhance their educational, employment and life skills. Mentorship has always been a cornerstone of the Santa Ana Public Library's Teen (12 -18) and Young Adult (18 -24) programming, and thus it will be a cornerstone of the "Seeds to Trees Digital Media Academy" program as well. All program participants will be assigned a Tutor Mentor, who they will meet with individually on a weekly basis for 30 minutes as part of their on -the job training. They will discuss the progress of their vocational and on -the job training as well as any additional educational tutoring and support service needs that they may have. Tutor Mentors will provide the necessary resources to meet their mentees' needs (Please see attachment M for a list of resources). Tutor Mentors will also schedule their mentees' tutoring time at this meeting. In addition to mentoring from their assigned Tutor Mentors, interns will also receive mentorship on their particular production projects from project mentors. These Project Mentors will be responsible for helping interns develop and produce content for programming on specific topics. (Please See EXHIBIT A 25D -131 9 Attachment K for a list of tutor mentors and project mentors). They will also receive mentoring from the Lead Case Manager who will meet with them on a bi- monthly basis to track their progress and needs. Interns will also receive additional mentoring from their in -class vocational training instructors. At the end of the program students will earn three occupational skills certificates that will testify to enhanced skills and readiness for employment opportunities. The Santa Ana Public Library works closely with the Adelante program at Santa Ana College, an initiative advocating for every home in the city to have a college degree. High School students may enroll in the Adelante program and upon completion of general education requirements, admission to either University of California Irvine or California State University Fullerton is guaranteed. All student interns will spend a portion of their on- the -job work time assisting TeenSpace staff in one of our "Buddy" programs. As part of the "Buddy " program, student interns will be given the opportunity to learn to mentor and serve as role models to younger children (4 -11) in a variety of our ongoing "Buddy" programs such as "Reading Buddy ", "Math Buddy ", "Art Buddy ", "Sports Buddy ", "Healthy Buddy ", "Garden Buddy ", "Acting Buddy" and "Science Buddy ". All interns will also have the opportunity to join the Teen Library Club volunteer program, and participate in the many community and library volunteer service projects the club participates in, such as the Santiago Creek Clean -ups, OC Marathon Clean -ups, Heritage House Gala Fundraisers, Autism Walk, Library Halloween Haunted House, Santa's Corner, and Library Book Sales. Interns will also have the opportunity to develop their leadership skills at a Teen Library Leadership curriculum program. The Youth Leadership program is a six - month, once -a -week curriculum culminating in a manual of topics and /or community service projects discussed. They will further fine tune their leadership skills when they attend TeenSpace "Public Speaking" workshops. All student interns will receive instruction in the basics of marketing strategies during the course of their in- class training. Participants in the Digital Media Apprenticeship Program will be enrolled in an advance marketing course, in order to learn how to promote themselves and gain important skills to build their own digital media freelancing work career. Interns will also be taken on a fieldtrip to a Public Relations firm as part of their marketing coursework. In addition to this, all student interns will attend several workshops put on by the RSCCD Youth Entrepreneurship Program (YEP) at the Santa Ana Public Library as part of their on -the job work experience. Upon exiting the program all participants will be able to enroll in the YEP program to further gain training and development in building their own digital media freelancing business. (Please refer to attachment J) During the course of their on-the-job work, all interns will be assigned to attend several life skills development workshops in areas of financial management, healthy living, green living, and independent living featuring domestic skills like cooking, gardening and sewing basics. All these are programs are a general part of the TeenSpace programming (Refer to attachment Q for flyers of TeenSpace Programs). The entire format of the "Seeds to Trees" academy program is one that focuses on work experience. First, youth are hired as Work Experience employees (WEX) and then they are promoted and hired on as Library Page interns and paid an hourly wage to receive a complete in -class and on- the -job training work experience that they can use to propel them into higher education, employment and/or self-employment as a freelance entrepreneur. Caring mentors and teachers cannot solve all of a student's future employment problems. However, through the "Seeds to Trees Digital Media Technology Academy" program, students will be encouraged to seek training in technologically sophisticated fields. Santa Ana Public Library is committed to providing the brightest possible future for our young people. It is vital for them to have opportunities to develop skills that will provide them a path into growing industries. An examination of the occupational outlook for California and the nation for the EXHIBIT A 25D -132 10 next decade suggests that technology related skills can provide that path. According to the California Occupational Employment projections for 2010 -2012, California's total occupational employment, the majority of industries in California are expected to grow only 3.8 percent over the next two years. Yet, jobs in information, communications and technology fields will grow 7 percent over that time period, according to the most recent study of California's job situation by BW Research and California Community Colleges Economic and Workforce Development Centers of Excellence and the Mid- Pacific ICT Center. Occupations such as Film and Video Editors, Multi -Media Artists, and Animators are expected to grow because of the rising demand for films due to home entertainment options such as cable, satellite, and Netflix. In the longer term, the Bureau of Labor Statistics' latest Occupational Outlook (http://www.bls,i,-ov/oco/ocosO9O,htm ) suggests that video and web design - related employment will grow between 8 and 24 percent in the next ten years (Please refer to attachment R for more detailed breakdown). And these projections cannot anticipate the growth of new professions that may develop from these paths in the future. VI. Proposed Program The "Seeds to Trees Digital Media Technology Academy" program developed by the Santa Ana Public Library in partnership with the Rancho Santiago Community College District's (RSCCD) Corporate Training Institute (CTI) program is a free comprehensive apprenticeship program comprised of paid training and work - experience student internships for 20 youth ages 16 -21 leading to certifications in the fields of digital media technology. Of these 20 WIA eligible student interns, 8 youth (40 %) will be "Out -Of- School Youth" (ages 16 -21) and 12 youth (80 %) will be "In- School Youth" (ages 16 -21). At least 2 (10 %) will be foster, probation and /or youth with learning disabilities. This program will promote the Santa Ana Youth Council's (SAYC) vision for Santa Ana Youth by creatively addressing each one of the major target areas in the SAYC's vision. Having identified the need for community savvy digital content producers, the Santa Ana Public Library and RSCCD will provide an opportunity for youth participants to learn valuable job skills while contributing to their community's knowledge of youth related issues. While the program has a certain amount of structured content creation, the students themselves will be given a large amount of room in which to voice their own unique perspective on the issues facing Santa Ana youth. By tapping into this creative partnership between the SAPL and the RSCCD, both institutions will increase their capacity to serve youth patrons. Advances in information technology have inundated the lives of millions with a vast amount of media. User generated content has fast become a source of news, entertainment, and artistic expression for an entire generation of web savvy individuals. As e- commerce continues to grow at faster rates than the rest of the economy, the ability to express one's insights with multimedia presentations has become an increasingly marketable skill. Those individuals with the proper training and knowledge of digital creation tools will be in a prime position to excel in a 2I5t century economy. Many of our local youth are already naturally web savvy and are open to the idea that they could one day follow a career in digital content creation. In this way, the digital media academy taps into a youth's desire for self expression and teaches valuable work skills in the process. In collaboration, the efforts of staff members have produced notable successes, especially with WIA- mandated goals. The program has achieved full enrollment very early in the cycle for both 2011 -2012 and 2012 -2013. Thus far, a total of forty participants have completed the first phase of the training successfully, and were awarded certificates from Rancho Santiago Community College District testifying to their mastery of digital media preproduction skills. Our out-of-school participants are working to complete high school requirements tinder staff supervision. In pursuit of WIA employment development goals, participants have been able to take part in the RSCCD Young Entrepreneurs Program, which exposes youth to mechanisms and methods of increasing the marketability of their products and skills. EXHIBIT A 25D -133 11 Recruitment and outreach for the program will occur at the start of the grant cycle 7/1/2013. Prior to the start of the program, the library TeenSpace staff will promote the upcoming "Seeds To Trees" program during its Summer Volunteer Institute program which annually recruits over 120 summer volunteers, many of which are WIA eligible, and it's Probation Youth Community Service program which has an average annual participation of 40- 50 youth on probation. In addition to recruiting from its pool of WIA eligible summer volunteers, staff will also make presentations at Orange County FYO (Foster Youth Outcomes) meetings, CASA (Court Appointed Social Advocates) meetings and at local Santa Ana High Schools, to recruit candidates for this program. We will begin accepting notices of interest in the "Seeds To Trees" Digital Media Academy in May and distributing and accepting applications including gathering all documents required by the Service Navigator to determine youth WIA eligibility. Once youth eligibility is confirmed, youth will be hired as Work Experience employees (WEX). It is anticipated that all this will occur in the month of August, 2013 in anticipation of the media arts courses which simulate a college semester. The ambitious goal at this point is to have already recruited and enrolled at least 15 (75 %) of total 20 youth participants planned in the program, During this phase, all student interns will also take a TABE assessment test to determine their basic skill level. Work Experience (Santa Ana Public Library): The entire format of the "Seeds to Trees" academy program is one that focuses on work experience. First, all 20 youth are hired as Student Intern Work Experience employees (WEX) and then they are promoted and hired on as Library Page interns and paid an hourly wage to receive a complete in -class and on-the-job training work experience that they can use to propel them into higher education, employment and /or self - employment as a freelance entrepreneur. Upon WIA eligibility determination and acceptance into the "Seeds to Trees Digital Media Technology Academy ", all 20 youth participants will be hired as work experience employees (WEX) (Please refer to our Paid Work Experience Policy). Participants will work 8 hours a week, and of that 4 hours will be in -class training and the other 4 hours will be on -the job work experience as production crews responsible for creating content and programming that will be broadcasted on Santa Ana's library run CTV3 station and website during the introductory 4 week pre - production phase of the project. After this 4 week period, all 20 youth will then be able to specialize in two fields of digital media like video production, digital music or graphic design during the next 14 weeks. During this phase, they will work 10 hours a week, and of that 6 hours will be in -class training and 4 will be spent on producing and creating content for CTV3 and the Seeds to Trees spotlight website. They will focus primarily on producing health and fitness related programming and on pre - production research and development on other programming topics such as "green living ", history and news. The work - experience occurs concurrently with the class -room training in a project -based learning approach, because it gives interns an opportunity to immediately put their in -class skills to work in a very cogent manner. This portion of the work experience will run for approximately 18 weeks and will culminate in successful interns receiving a Digital Media Technology Pre - Production and Digital Media Technician certificate. Upon completion of their Digital Media Technology certification requirements, 12 student interns will be given the opportunity to continue in the development of their work - experience in the form of employment in 12 hours per week Digital Media Technology Apprenticeships. They will be hired as paid library pages and will be put on the payroll of the Parks, Recreation and Community Services Department of which the Santa Ana Public Library is a division. As apprentices they will continue to develop their production skills and will work on developing and producing additional television programming on green living, nature, history, current events, literacy, music, arts and sciences, along with further developing and producing additional health and fitness programs. The apprenticeship will be a 16 week program and upon successful completion of designated program project goals, which will be outlined in the program flow section of this narrative, participants will receive a Digital Media Technology Apprentice certificate from RSCCD Corporate Training Institute. Participants will work 12 hours a week, and of that 2 hours will be in -class marketing training and the other 10 hours will be on -the job work experience as production crews. As part of their paid work experience, all participants will blog weekly about EXHIBIT A 25D -134 12 their internship experiences and progress, and will upload their digital media creations to a "Seeds to Trees Digital Media Technology Academy" website. Interns will also upload their videos to a "Seeds to Trees" YouTube channel as well as join a "Seeds to Trees Digital Media Technology Academy" Facebook site. Staff members at the Santa Ana Public Library are professionally prepared to address the various barriers to successful program completion that youth face. Interns will be provided with transportation between training sites in library vans driven by qualified drivers, and will be provided with similar transportation between work sites during the work experience phase of the program. Four times per month, a trained Masters in Social Work intern will be present in the library to talk with interns about personal and learning issues. In addition to counseling interns, she will assist staff in referring interns and their families to needed social service providers. There is an anticipated increase of 8 -24% in jobs that require web and video production skills and media savvy public relations skills. Fence this is a high growth field, and interns will be encouraged to further their education to take advantage of this market need. As the youth complete this program they will be taught industry techniques that freelancers use to procure work in a highly competitive environment. Each one of the students that completes the program will have established a digital portfolio containing samples of the media that they created during the duration of the internship. Ultimately, positive career prospects will help to provide these students with the ability to continue down the path to self sufficiency. The duration of the Seeds to Trees program is approximately one year, from August to June of the following year. In order for youth to receive the maximum benefits of the program he /she must commit to between 8 -12 hours a week. These hours per week include instruction and work experience, in addition to workshops to enhance participant skills. Students have the opportunity of interacting with a Case Manager at each class, work experience or workshop. On Average students and Case Manager interact 4 -5 times a week. For more intensive needs of the students, the Case Manager is available mornings. VII. Vocational Training and Certification in Digital Media Technology (RSCCD - CTI /DMQ,, Student interns will receive introductory and intermediate level training in the following areas: l.) Video Production, 2.) Graphic Design, 3.) Digital Music Production, 4.) Web Design, 5.) Script - writing and, 6.) Marketing. (Please refer to attachment N for a curriculum syllabus) Interns will attend these digital media technology classes for 4 hours a week for 18 weeks. The successful completion of this portion of the in -class training and concurrent on -the -job training will result in RSCCD -CTI awarding the interns certificates in Digital Media Technology Pre - Production. Student interns then will be able to specialize and receive additional training in Web Design, Video Production, or Digital Music Video Production. Interns will attend these specialty training sessions for 4 hours a week for 9 weeks. The successful completion of this portion of the in -class and on -the job training will culminate in RSCCD -CTI awarding interns certificates in their respective Digital Media Technology specialties Student interns who continue on to work as apprentices will receive instruction in marketing, will be required to attend a 2 hour per week, 2 month long intensive marketing course in order to receive their Digital Media Technology Apprentice certification from RSCCD Corporate Training Institute. During the course of their coursework all interns will also develop a personalized Digital Media Portfolio that they can utilize when applying to jobs, colleges, and in advertizing their skills if they choose to pursue a freelancing career. VIII. Tutoring/ Mentoring/ Support (Santa Ana Public Library): The Santa Ana Public Library currently rims an after - school tutoring program in its Central Library and Newhope Learning Centers as well as in its Central library and Jerome TeenSpace programs, All student interns will have access to these tutoring services. Prior to acceptance into the program, all WIA enrolled youth will take a TAKE test to assess their levels of basic skills. All enrolled youth who are basic skills deficient will be assigned a TeenSpace Sr. Tutor mentor who will schedule time to tutor them on a daily or weekly one -on -one basis to increase their basic skills to the 9th grade level. Students who are not basic skills deficient will also have access to one -on -one hands -on EXHIBIT A 25D -135 13 tutoring, primarily in English (as this is what is most needed in the production field) with the goal of increasing the grade levels of their English abilities. Tutoring help will be provided to in- school youth who are in 12th grade to complete their high school diploma. Out of school youth who do not possess a high school diploma must enroll in the library GED completion program. Currently the library is in the process of piloting a "Teen Parent GED Completion Program ", and allowances will be made for participants who are not teen parents to also join the program in order to receive additional assistance in order to complete their GED. Sr. Tutors mentors will utilize TeenSpace math and English computer software applications as a creative strategy to assist all their students increase their literacy and numeracy gains. IX. Employment Interns will attend career skills workshops on resume and cover letter creation, interviewing techniques and "Dressing for Success" as part of their on -the job training. Towards the completion of their program, interns will also attend workshops on job searches, submit applications, and post their resumes on several sites. The youth are brought into contact with potential employers and taught to present themselves effectively in the job market. Students have access to an employment binder where a number of job postings are included weekly. In addition the Case Manager sends several job leads to each participant's email weekly. All work- experience will be conducted at the Santa Ana Public Library in the Technology Department. After exit, students will continue to have access to the employment binder and also receive emails from Case Manager in regards to possible job leads. X. Post - Secondary Education: Interns will attend workshops on college searches, college applications, scholarships and financial aid, as part of their on-the-job training. Interns will also be taken on fieldtrips to local colleges such as Santa Ana College, Cal State Fullerton, Chapman University and the Art Institute in Santa Ana and Adelante at Santa Ana College. Interns are also exposed to professional organizations such as Reforma, and are encouraged to attend professional level conferences and workshops. XI. Common Measures All the services provided by the "Seeds to Trees" Digital Media Technology program will serve to encourage participants towards fulfillment of the WIA performance goals. During the entire program, classes in basic academic skills will be conducted by program staff for students with educational deficiencies. Our program has a strong hands -on, one -on -one tutoring component, and this will surely lead to an increase in literacy and numeracy proficiency among our youth participants. In fact, it is anticipated that 8 (40 %) of youth will attain an increase in the literacy /numeracy proficiency rates. We will monitor program activities and manage for performance via youth surveys, tutor mentor weekly progress notes, and lead Case Manager bi- monthly youth meeting progress reports that will help us monitor the progress of our youth participants, as well as to adequately meet their tutoring and supportive service needs. This will help us continuously track and assist our youth in raising their basic skills proficiency. Since the project provides interns with an introduction to a higher education training experience, we anticipate that out of the 20 students we will enroll in the program, 13 (65 %) will attain placement in post secondary education and /or employment. It is planned for all 20 interns to obtain a Preproduction Certificate from the RCSSD Digital Media Center by the end of the 18th week of their training and education program. Fourteen (70 %) of the most promising students will then graduate to a more intensive apprenticeship program of training that will result in an advanced certificate, and will be eligible to participate in the paid work experience element of the program at EXHIBIT A 25D -136 14 Common Measures 2011 Increased Literacy/ Numeracy Skills 8/ 8 = 100% 40% 20 Entered Employment of Post - Secondary Education 4 / 4 = 100% 65% 16/19 Attained Credential/ Diploma/ Certificate 20 / 20 = 100% 61% the Santa Ana Public Library. Of the 20 youth enrolled in the program, it is anticipated that 12 youth (61 %) will attain RSCCD accredited certifications in Digital Media Technology, These youth will possess one, two or all of the following certificates: • Digital Media Technology Pre - Production Certificate • Digital Media Technician Certificate Digital Media Technology Apprentice Certificate In addition to these certificates, we anticipate that (61 %) of our youth participants who did not possess a GED certificate or high school diploma will also acquire a GED certificate or high school diploma upon completion of the program in June 2013. Continuous improvement measurement requires baseline figures from which to gauge performance. The program will begin with an objective evaluation of the interns' technical and academic skills and a survey of their own opinion of those skills. The staff will repeat these measurements at the end of each major element of the program, and determine changes required to address weaknesses on programming revealed by these measurements. This will enable staff to quickly shore up or replace program elements that are not accomplishing their intended results. Program managers from both RSCCD and the library have carefully considered the numbers and types of staff required for each class and workshop, and to provide mentoring and support services for interns as they progress through the program. The continuous improvement measurements will provide information that may suggest inadequate staffing in some areas, as will regular meetings of staff and participants. The library is obligated to replace ineffective staff, and/or provide additional staff as circumstances dictate, and has sufficient staffing to do so. These program elements will insure that students graduate from the program satisfying WIA performance goals, and better prepared for an effective working life. XII. Prior Outcomes: Number of student population is smaller due to exclusions on some of the performance measures. The Youth Service Provider Network at Exit Outcomes reported the following breakdown without such exclusions. (For a more complete report of program accomplishments, and completed enrollment verification, refer to Attachment I1 for 2012 -2013 and Attachment I2 for 2011- 2012). Santa Ana Public Library July 2011 . to June 2012 Post Secondary Education 9 Credentials 20 Job 15 Improved Basic Skills 16/19 XIII. Facility Facilities: • Educational activities will take place at four sites: EXHIBIT A 25D -137 15 • The Rancho Santiago Community College Digital Media Center on Bristol Street in Santa Ana, The Center consists of a business incubator for emerging digital media businesses; classrooms equipped with smart technology and a production facilities that serve as the new home of the Santa Ana College (SAC) TVNideo department and SAC -TV. The Center is open to students 8:00 am —11:00 pm Monday- Friday, and some hours on Saturday. • The Rancho Santiago Community College District Office Complex • The Santa Ana Public Library Main Branch located at Civic Center and Ross in Santa Ana. The Main library is open 10 am -9 pm Monday - Thursday, and 10 am — 6 pm Friday and Saturday. Computer labs and classroom space available to students are located in the TeenSpace, the basement of the Main Library, and the Mezzanine. All three areas are wired for data transmission using the City's public access Internet. • The Jerome Recreation Center, located at 716 Center Street in Santa Ana, has a computer lab for teens that is wired for data transmission using the City's public access Internet. Youth employment will take place at the Santa Ana Public Library Main Branch and at the Jerome Recreation Center. Both are within the city boundaries of Santa Ana. The TeenSpace at Jerome Recreation Center is open 3:00 pm — 8:00 pm Monday - Thursday and 3:00 pm -6:00 pm Friday. Both locations offer teens a designated, specially designed space for them to relax, do homework and meet friends, and are ADA compliant. XIV. Fiscal Capacity: Fiscal Capacity: Santa Ana Public Library and RSCCD : The Library has a $2.9 M general fund operating budget and access to resources from Parks, Recreation and Community Services and other City agencies, hence our stability is not dependent on WIA funds ( refer to attachment O for a description of SAPL fiscal capacity). RSCCD has an annual operational budget of approximately $190 million that is collected from a variety of revenue streams. The organization complies with all local state, and federal laws that it is required to meet as part of the US Comptroller General Government Audit Standards. (Refer to attachment P for a breakdown of RSCCD annual operating budget) Subcontracting: The Santa Ana Library and Rancho Santiago Community College District will not subcontract non - client services. All services will be provided by the Santa Ana Public Library or by the Rancho Santiago Community College District. Follow -up Services: Program staff will maintain monthly contact with the graduates for 12 months after graduates exit the program. Staff will provide 12 months of follow -up, education and job- retention support to graduate, as well as ongoing coaching and mentoring when necessary. Transition assistance into Santa Ana and Orange Coast College will also be provided, to youth who decide to pursue higher education, Targeted Projects: Green- Collar Careers: One of the television programming projects that "Seeds to Trees" student interns will produce will focus on sustainable green living. Tentatively titled "It's a Green Life" this project is currently in its pre - production research and development phase. Student interns will get the opportunity to further research topics on "green living" that they will then compile and put together in monthly mini - documentary segments. These segments will focus on informing the public on various aspects of living a "green conscious" life, including informing them on the technologies that are available to them to assist them in this pursuit, like solar paneling installation. While not technically a hands -on green collar career pathway, this type of programming focuses on the importance of "green" journalism that seeks to informs and 'instruct the public on "green technology" and hence make them more aware, promote sustainability awareness and seek out EXHIBIT A I lifffbfee�, 1C "green collar" services for their businesses and homes, It works as a promotion tool for green collar career services. STEM and Health: The whole crux of the "Seeds to Trees" Digital Media Technology Academy is a focus on media technology and therefore is very STEM (science, technology, engineering, and mathematics) career conscious. In addition to this focus on digital technology, many of the topics that student interns will be producing television programming on are related to science, technology and engineering, and while not directly related to math, will instill an appreciation for math in the viewer, Some programming topics that student interns will research, develop and produce programming for are: "Do It Yourself Arts and Science Projects ", "Focus on Nature" and "Citizen Scientists ". In addition to developing and producing television programs focusing on "green living" and science, student interns and apprentices will also produce shows focusing on healthy living topics. Participants in the TeenSpace Youth Health Ambassador Volunteer program are currently working on a project titled "Small Steps Towards Healthy Living" in which they develop health topic related programming to be broadcasted on CTV3. Among some of their programs currently in development is a cooking show called "TeenSpace Cooks ", a Fitness Buddy workout and nutrition show, and "Small Steps towards Healthy Living" series of mini - documentaries informing viewers on small steps that they can take towards healthy living. "Seeds to Trees Student Interns" will continue producing content for these already established health topic programs. EXHIBIT A 25D -139 Attachment: F 19 Seeds to Trees Digital Media 'eclinology Academy Workforce Investment Act (WIA) Youth Program Provides eligible youth, ages 16 -21, with paid internships and paid vocational training in the following areas: Graphic design, web design, video production, music production, scripttwriting, and marketing. Youth will get hands -on experience producing programs that will be broadcasted on the City's TV Channel 3 and library website. �nl iii £ryI Youth will learn the following: Leadership, Employment, Education and Life Skill How to be an Entrepreneur le Produce shows on different topics such as Healthy Living, Green Living, Nature, Arts and Science Projects, and Teen News 4eYouth will receive certificates of completion from Rancho Santiago Community College Digital Media Center. Parks, Recreation, and Community Services Santa Ana Public Library 26 Civic Center Plaza, Santa Ana, CA 92701 For more information, please contact Beatriz Preciado, Case Manager Bpreciado @santa- ana.org 1 714- 647 -5266 *Youth Eligibility is Based on WIA Regulations. Equal Opportunity Employer Program. Auxiliary aids and services available upon request. s SANTA ANA PUBLIC LIBRARY PAID WORK EXPERIENCE (WEX) POLICY The Seeds to Trees: Digital Media Technology Academy program at Santa Ana Public Library in partnership with Rancho Santiago Community College District ( RSCCD) provides paid on- the -job experiences (WEX) and vocational training and certification for WIA eligible youth ages 16 -21 at the Santa Ana Public Library (SAPL) in Digital Media Technology. The operational plan of the Seeds to Trees program combines an on- the -job component at the Santa Ana Public Library producing digital media content for the city's CTV3 and Seeds to Trees Spotlight Website, with related classroom instruction by RSCCD designed to maximize the value of on- the -job experiences. Purpose The Seeds to Trees Digital Media Technology Academy Program: 1.) Introduces WEX student interns to digital media technology; 2.) Allows them the opportunity to directly put into practice training learned in class, via the production of video and web content for Santa Ana's CTV3 and "Seeds To Trees Spotlight Website; 3.) Prepares them for employment; 4.) Provides increase in their literacy and/or numeracy skills; 5.) Prepares them for entry Into post - secondary education 6.) Provides WEX interns with opportunities for certifications in Digital Media Pre - Preproduction and Digital Media Technician, and 7.) Provides students the opportunity to learn to work with mentors and peers in ways that are successful and rewarding. Scope of Work WEX student interns will receive paid training and on -the job work experience and mentorship in two phases: Level 1: Students will work 8 hours a week wherein they will receive 4 hours of in -class training in digital media technology from RSCCD and 4 hours of on- the -job training doing media pre - production as well as attending career and personal development workshops. Level 2: Students will work 10 hours a week wherein they will receive 6 hours on in class training in specialized digital media technology fields like video production, digital music and graphic design, as well as training in "soft skills" related to professional development. They will work 4 hours on-the-job producing content for broadcast on CTV3 and /or Seeds to Trees Spotlight Website. Paid Youth Work Experience Interns will work in positions that will not displace current employees. Paid Youth Work Experience Interns will not perform any tasks that are related to sectarian or religious activities All Paid Youth Work Experience activities will not interfere with or replace regular academic requirements for eligible youth who are not dropouts 4141- r - b y� R v� N n y n � 0 .r .p A J N �O 4 b M y � o A C A M � O a b w fD CD w ll1 O G\ rn � CO J ti J O f0 p. O -.3b R° o. N�'y O. CD w w a� wXD � Y rr " ,b ~O a tri a c ID O N o ID �F ' • rr a o�� w C. � ,� Dp+ N p CCD 0 O to N b �;• cD o' lo-y rpn R d q rn l9 why Ipy CD 40, o ti o UQ �W. 0 a R n p R Q � P rQT CD K < Mr M Q • 0 M- 0 c b �' O •�+ 00 C a ° Y N• � � n �. CD CD M MCI y H w RD � rn � �" For CA C C3 ~ N UQ ii n iy CD a rn ro co y P7 UQ 25DA42 0 o b b � z o x m x V m In c� A m 3 CD n 0) `1, CO) P w N • b O � II fl II II c ID O N o ID �F a� �rj..� R rn l9 ID o ti o UQ �W. 0 n p R Q � P rQT CD K < Mr M Q • 0 1... E Attachment: T3 SEEDS TO TREES Class Title: Video Production Location: SAPL Date: TBD Time: 4:30- 7:30pm Instructor: John Coleman ;E,�a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1. II. III. digital l ! media enter Tiadrporffte "InstItuto 1Y81n1n Memorandum of Understanding RAFAC O Samxrnno COMMUNRY COLLEGE DISTR4CT Savo Ann C; ulfwjo . $nnnngo C'rnycn C:<dfnryu Between Rancho Santiago Community College District Corporate Training Institute And The City of Santa Ana Parks and Recreation Services - Library Division Terms of Memorandum of Understanding Rancho Santiago Community College District ( RSCCD), through its Corporate Training Institute and Digital Media Center, will work in partnership with the City of Santa Ana Parks and Recreation Services - Library Division (PRCSA) on the development and implementation of an at -risk youth training and internship program in the digital media sector for the period of July 1, 2013 through June 30, 2014. The City of Santa Ana Parks and Recreation Services Deliverables 1. The City of Santa Ana via its Parks and Recreation Services - Library Division (PRCSA) will pay RSCCD Corporate Training Institute up front for all fees incurred on a quarterly basis for curriculum development and delivery of training services for students. 2. Santa Ana PRCSA will provide facilities where training can be conducted. Graphic Arts training will be conducted at library facilities, as will Scriptwriting and Web Design. TV and video production will be conducted at the City of Santa Ana cable TV production studios. 3. Santa Ana PRCSA will provide equipment, reference materials, software and hardware for all digital media courses. 4. Santa Ana PRCSA will provide 10 months of varying degrees of work experience in media production for students during, and upon completion of their vocational training period. RSCCD Corporate Training Institute 1. RSCCD Corporate Training Institute will provide customized training curriculum in the areas of Video Production, Web Design, Graphic Arts, Scriptwriting, Digital Music Production and Marketing, which will include soft skills workshops. ��� i i Curriculum shall consist of. • The first week will be comprised of introductory courses for all 20 students reviewing the 6 main subjects of the program. • In the following 8 weeks, the students will participate in 16 hours of instruction in Graphics Design and Website Design each. Simultaneously they will also attend 16 hours of instruction in Scriptwnting, and Video Production. Sessions will be weekly and include both in -class work and field trips to the Digital Media Center, • For the second half of the year, students will be able to select a course on which they would like to concentrate for the remainder of the grant period. Tentatively, 15 will continue on with two months of Web Design or Video Production while 5 will move on to start 4 months of specialized Digital Music Production training. • Throughout the Concentration Course phase, all 20 students will participate in four months of weekly classes in Marketing. These courses will intermittently include soft skills workshops in Customer Service, Team Building, Attitude in the Workplace, Values and Ethics, and Conflict Management that will run for three (3) hours each. • Finally, the last two months of the program, selected high - achieving students will complete apprenticeships at the library. 2. RSCCD will provide students with tours to its Digital Media Center and Technology Business Incubator to be exposed to businesses and entrepreneurs immersed in the digital media industry. 3. RSCCD will provide facilities where training can be conducted as appropriate and suitable for classroom- format instruction, such as at the Digital Media Center and the college district operations center. 5. RSCCD will provide participants with a Certificate of Completion for the first half of the program and a Certificate of Achievement for those students who successfully complete the entire full -year of training components. V. Funding of Agreement Funding for this agreement will be provided by a Workforce investment Act (WIA) Youth Service Provider grant. As the agency of record, PRCSA will pay RSCCD Corporate Training Institute up front for any fees incurred for curriculum development and training, and then request reimbursement from WIA. L2604 45 VI. Authority, Renewal, and Termination 1. This MOU will terminate after the completion of the project, and may be renewed thereafter by an exchange of letters (email acceptable) and upon a comprehensive review of mutually agreed upon goals and objectives. 2. This MOU may be renewed as long as the parties agree to and fulfill their responsibilities under this memorandum through mutual consent. VII. Signatures Ranch Santiago Community College District: Ruth Cossio -Muniz Director, Corporate Training nstitute Date: �OT N a- City of Santa Ana: Oerardo Mouet Director, Parks and ecreation Services Date: Attachment: N Corporate Training Institute Soft Skills Workshops To enhance the occupational training in the Seeds to Trees Academy, students will participate in five (5) soft skills, professional development workshops provided by the RSCCD Corporate Training Institute. Students will receive instruction in the following subject areas: Customer Service, Team Building, Attitude in the Workplace, Values & Ethics, and Conflict Management. Youth will meet with their instructor for three (3) hours in each of the courses. 1. Customer Service — Students will explore key skills and attitudes necessary to effectively meet both internal and external customer needs ... this includes employers /colleagues and business clients respectively. Participants will be introduced to concepts and appropriate techniques for dealing with the different audiences, enhancing customer satisfaction and insuring positive communication. 2. Team Building — Excellence in customer service to our external clients is often tied to how our internal customers get along and can work together. Working as a team can increase productivity, enhance project management, reduce business conflicts and create superior customer service. Students will learn the "styles" of classmates so they can work together better on projects and customer satisfaction. 3. Attitude in the Workplace — Having the right attitude has a positive impact on the workplace and our interactions with customers. Topics in this course will explore how attitudes at work positively and negatively affect customer service, the organization's image, productivity, and employee retention. The best selling training video "FISH" will be featured. 4. Values and Ethics — Ethical behavior affects what happens in the workplace. This course provides the opportunity to evaluate ethical behavior and what's appropriate and what's not. A three -step checklist is introduced to help participants in recognizing ethical behavior. 5. Conflict Management — Conflict gets in the way of good business and meaningful relationships. Participants will explore the causes and impact conflict can have on customer service and workplace affairs. This course will cover proven strategies and techniques for resolving tough issues and how to turn a difficult customer, or colleague, into a loyal one. The soft skills workshops are part of an interactive program that will utilize videos, books, personality assessments, presentation tools, and incorporate games to enhance the students' interpersonal skills and encourage participation in all professional development courses. ``J :% t EVA Attachment: O Fiscal Capacity: Santa Ana Public Library The City of Santa Ana uses the Lawson Financial Management System to monitor revenues and expenditures. Grants are provided a unique accounting unit and activities are used to track grant program expenditures and grant matches. Every expenditure requires an accounting unit and activity and Lawson is capable of generating reports at the accounting unit or activity level. The Lawson Financial Management System provides for a system of checks and balances that ensure that all purchases are electronically routed for approvals from the department manager and department fiscal. Impacted items, such as computer hardware and cameras, are routed to the Budget Office for review and approval. (Please refer to attachment U for our City Purchasing Policy Guide) Staff from the City's Finance and Management Services and Parks, Recreation and Community Services agencies will work together to submit detailed invoices with adequate back -up. Both agencies have staff with many years experience working on federal and state funded grants. The Library has a $2.8 M general fund operating budget and access to resources from Parks, Recreation and Community Services and other City agencies. In addition, the Library receives Library Services and Technology Act (LSTA) and State Public Library Fund (PLF) funds that support library operations. Hence our stability is not dependent on WIA funds. 1. 1 ; �i Attachment: S2 VOCATIONAL TRAINING IN DIGITAL TECHNOLOGY (INSTRUCTION) = $88,463.00 WIA Funds (Partner Service Provider: Rancho Santiago Community College District Corporate Training Institute) COST CATEGORY DESCRIPTION AMOUNT 'TRAINING 777 4 Introductory Courses First Week Graphics Design 3 days of overview 2 hours each day Topics combined In groups Website Design Septwriting Video Production Digital Music Production Marketing (incl. Soft Skills) 6 sub lac tS!90lir6t66l Subject Specific Courses 2 Months Graphics Design 16 hours of specialized Instruction Website Design 16 hours of specialized instruction Scriptwriting 16 hours of specialized Instruction Video Production 16 hours of specialized instruction , 4 sub ects` X64 hrs total Concentration Courses Length Varies Website Design 32 hours of additional core instruction Video Production 32 hours of additional core instruction Digital Music 60 hours of core instruction 3'su ects u tc 12 hours,toial,.,� ::• Marketing Specialization Final Weeks Marketing 32 hours of instruction In Marketing 15 additional hours In Soft Skills workshops 2;tracks 47 hoursaotal _ Curriculum Development 40 hours, course design, class re Trainin Materials $21,492 Textbooks handouts supRIles, presentation tools For up to 20 students —`'PROJECT WAN) , . Coordinator /director Mileage, facility maintenance, indirect costs $66,971 _ :cs: J, a Attachment: N From: -Art Kirsch. Web Designer, Producer, Cat Herder art(&OCShowbiz.com, (949) 583 -0123 Web Curriculum Textbook: "HTML In Easy Steps" 6th edition by Mike McGrath (note, many lessons will have assignments that can generally be done with access to a browser on any computer, whether connected to the Internet or not) 0 Overview of the World Wide Web (www) ❑ Why HyperText Markup Language? ❑ Parts of an HTML, Document Type, Page, Head and Body ❑ Basic Tags and creating "Hello World" ❑ Adding Style ❑ Making Tables ❑ Hyperlinks and anchors ❑ Embedding content such as images and video 0 Creating Lists and Tables ❑ Graduating to Content Management, PHP, MySQL, and Apache ❑ Content management made easy, Joomla, Drupal, and Wordpress Included will be a Field Trip to web design company such as The Buddy Group (in Irvine) that does extensive web design for a wide variety of clients including the entertainment industry. They also have expertise in online game development, such as a major project they completed for Mattel. - John W.Coleman, Twin Oaks Communications, Producer - Director - Writer Twinoakscom(Z ,cox.net, 310.488.0711 Video Production Curriculum Textbook: "Television Production handbook" 10"' Edition by Herbert Zettl, Wadsworth /Cengage Learning, Belmont Ca 94002 -3098 (comes with DVD of "Lab" work) • Visual Media and storytelling: TV, Film, Cable, the Internet —How they work & various forms (spots, narrative drama, interviews etc.) • Capturing Images— cameras and lenses • Lighting & Sound • Recording Multi- Camera vs. Single- Camera Film Style • Principles of Directing and Producing • Editing, Post Production and File Formats • Working with a script & Pre - Production Planning • Using Music and Graphics. • Project: Filming a Public Service Announcement (spot) • Project: Filming a Music Video • Project: Filming a Comedy Skit • Project: Filming a Short Dramatic Film • Project: Filming a Short Feature on A City Department W-1 ffo Attachment: N -Mark Sevi, Screenwriter mark a�ocscreenwriters.com Screenwriting Curriculum • What a scriptwriter does and does not do / collaborative process • What is a script - what does it look like? Common formatting terms. • Hitting "deadlines" like a pro • Watch movie openings - Act I • Story Structure / Three acts becomes four acts / screenwriting software • Assignment: watch for breakdown /outline the things that happen in the 1St 20 minutes. • Scenes: Conflict is the basis of all scenes. • How to write a scene using conflict principles /Dialogue conveys conflict. • Show sample scene to students and discuss dynamics. • Assignment: Write a scene similar to one shown that features two characters arguing about something. • Characters are what they do / How to write an action scene. • Getting emotion into your work / How to write a romantic scene. • Workshop / High Concept & what it means to film. • Workshop / How To Structure Your Ideas /Begin writing your concept. • Workshop / Advanced Concepts • What is ID and Superego and how does it apply to film? • In romantic comedies, why is one character always messed up? • What is a WorldVision (existentialism vs. orthodox) in simple terms. -Terry Syndergaard, Graphic Designer teeess@gmail.com Graphic Design Curriculum • Design Is Everywhere • Design for Print - brochures, logos and letterheads • Type Design - From Gutenberg to Fontographer on computer • T -Shirt Art - screen process and airbrush • Sign Design / Web Design - It's all related, the principles carry over • Design Is Everywhere - Pottery to Painting and painting on pottery • Field trip - Joan Irvine Museum, Franz Bischoff ceramic paintings, California Impressionists • Motion Graphics • Kinetic Typography - Type for the coining age, type in motion, social media and purposeful messaging • Personal Expression - YouTube video graphics • Storyboarding for TV and advertising • Projects: Designing Business cards & Letterhead; Designing a Logo; Designing an Album Cover; Designing Titles for Film of TV; Designing a T -shirt for this project. Recommended software: Adobe Photoshop Adobe After Effects Attachment: N -Rick Sherman ShermanSound(a1pacbell.net Music Curriculum • Basics of Music & Instrumentation • Music History & Theory • Melody & Harmony • Composing and Scoring • Arrangements • Songs of all kinds • Vocals —lead and background • Audiences & Getting Gigs • Creating your own sound • Performing is more than playing • Recording Music — Studio & location • Publishing, Copyright & Protecting your property -John Russo Russo John sac.edu, cell: 714- 343 -3900 Marketing Curriculum Purpose: The instruction during this apprenticeship provides an overview of the elements and diverse aspects of marketing, advertising, and sales and the role it plays in the marketing mix. We will discuss the tools to accomplish and create advertising goals while successfully marketing goods and services through various forms of media and delivery systems. The materials provided to the students will be handouts and interactive exercises to apply the information to real life scenarios and this apprenticeship program. Topics Overview - The Marketing Mix - 4 P's of Marketing Advertising Goals and Objectives Advertising Appeals, Frameworks, and design Corporate Image and Brand Management Ethics and Public Relations Buyer Behaviors and the Psychology of Selling Building Relationships and Negotiation Target .Markets and Segmentation Titles for the Youth Avvrenticeshi What is Marketing What to Accomplish Grab Their Attention Nike Who Let's Do It Right Why I Need It OK That's a Deal Who's Your Daddy and Who's Your Customer .11,1 ' •1 L VA Attachment: N Promotional Opportunities Advertising Media Presentation Methods Field trip to an Advertising Agency I Have Got a Deal for You I Love that Ad You Look Good YSPN MEMBER PERFORMANCE PLAN 2013 -2014 WIA YOUTH POPULATION YoL t Popu at�ott ales_,_ # of Yout[i to be Served In School 16 -21 12 d Schgol 16 -21 8 TC))AL NCIM$R OFY�?IITHTO Bf �SERUED 20 PERFORMANCE GOALS /COMMON MEASURES *DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION performance Category Total # of Yc#�itFf Mutipfrtl by Minimurrl 3# of ,Rerformance Rye._ �„ „youth to fulfill perforfnanc�= ,,,_.;: Placemeritin Employment OR.. _. PlaceY.0- m Po t Secondara/ ducatlori 20 x 65% = 13 (liy Exit o> sus` Cluaret Fg1laW-Upi..`', Attainmegt of Degreo or C�ertifii;ate v rd 20 x 61% = 12 (by Exit or.by3;uarter follow U) Im rove haterac OR Numerac LL p 4ii Y 20 x 40% EXHIBIT .B 25D -154 1D ITUTA E�EMEINTS ' {mat'k,an "x" next #o:th�_elerrserft� 1. Tutoring, study skills training, and instruction, X prodded rn your program 6. Leadership development opportunities, which may r leading to completion of secondary school, include community service and peer- centered X including dropout prevention strategies activities encouraging responsibility and other positive social behaviors during non - school hours, as appropriate; 1�'21 Alternative secondary school services, as appropriate; X 7. Supportive Services (e.g, tools, books, clothing, etc.); 3. Summer employment opportunities that are X S. Adult Mentoring for the period of participation and X directly linked to academic and occupational a subsequent period, for a total of not less than 12 learning (this element cannot be offered as a months; 1 stand -alone activity); 4. As appropriate, paid and unpaid work X 9. Follow -up services for minimum of 12 months after X experiences, including internships and job the completion of participation as appropriate; and _ shadowing; 5. Occupational skill training, as appropriate; X 10, Comprehensive guidance and counseling, which X may include drug and alcohol abuse counseling and referral, as appropriate. EXHIBIT .B 25D -154 COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBITC 25D -155 Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complai B. Criminal Complaints '61 X II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants VI. Procedures for Handling Handicap Complaints by Participants GLOSSARY OF WIA TERMS 2 EXHIBIT C 25D -156 WR 17 20 1. Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. EXHIBIT C 25D -157 Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities, You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70, The Rehabilitation Act of 1973 EXHIBIT C 25D -158 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin, Department of Labor Secretary's Order no 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: EXHIBIT C 25D -159 Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. Act General Procedures for Handling Non - Criminal Violations of the The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA EXHIBIT C 25D -160 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4, Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C 25D -161 A "participant ", within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA, The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a Participant, as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures, III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C 25D -162 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 EXHIBIT C 25D -163 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. zo EXHIBIT C 2501-164 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. S. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing 11 EXHIBIT C 25D -165 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1, Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. 12 EXHIBIT C 25D -166 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 EXHIBIT C 2501-167 hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the W1D in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 EXHIBIT C 25D -168 D. Issuance of State Review Decision, The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 EXHIBIT C 25D -169 PROCEDURES FOR•HA'NDLINGNON- CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level orising in connection with WIA programs operated by LWIAs Informal Resolution Process o o 0 Unsatisfactory Decision or LWIA Decision not issued within 60 days o Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 25D -170 w 0 a 0 a c 0 2, In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level 1. The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. S. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 17 EXHIBIT C 25D -171 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 18 EXHIBIT C 2501-172 1PROCEDURES.-FOR HANDLING.HANDICAP COMPLgINTS No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA informal Resolution If no resolution reached a Request for Hearing Notice of Hearing Hearing Conducted LWJA Decision 0 Unsatisfactory Decision or No Decision 0 State Review Governor's Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C 25D -173 Day 1 Day 145 Day 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION -- In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title V1 or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 EXHIBIT C 25D -174 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post - termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. 21 EXHIBIT C 25D -175 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, 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 subawards at all tiers (including agreements) and that all subrecipients 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 31 U.S.C. 1352. 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. Grantee /Contractor Orga ization Signature / Date f 61 -, ,16 1�1� Name of Certifying Official Signature 28 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E 2501-177 employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. May 16 2013 Date EXHIBIT E 25D -178 Program Operator Signature (Seeds to Trees Digital Media Technology Academy Santa Ana Library /City of Santa Ana) DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Gerardo Mouet Name of Contractor: Seeds to Trees Digital Media Technology/ Santa Ana Library Contractor Number: Date: 5/1 6/13 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 20 Civic Center Plaza, Santa Ana CA 92701 EXHIBIT E 25D -179 Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. 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 paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee /Contractor Organization V'PCQq:JQ brrk:1Gir9 r-" Name and Title of Official Authorized to Certify On Behalf of the Grantee Date EX26U -18 0 26 Budget Form EXHIBIT G 25D -181 Administr Total ative Cost (Not to Program :Total WIA Cost Match /In Kind Exceed 10�) Cost Personnel Sahat"ies 1 Project Director $24,642.00 ,-2-,-.Lead Case Worker _._ _ $49,852.00 $7,040.00 TV3 Programming Director $24,642.00 4 Library Operations Manager _ $10,183.00 5 Project Mentors 51.15 $49,565.00 6 Sr. Tutor Mentors $19,200.00 :T Personnel BeiEtefits" �. I Project Director 5151_ $7,660.00 2 Lead Case Worker $15,885.00 $2,241.00 3 CTV3 Programming Director $7,660.00 4 Library Operations Manager _ $3,165.00 5 Project Mentors 1 $ 10,069.00_ 6 Sr. Tutor Mentors -- __ _ . __ __ 5.11...1..._ $1,567.00 Total Personnel Salaries & Benefits $0.001$ 233,371.00 $65,737.001 $167,634.00 Operating ESCperises Rent Utilities Phones 5111__. 5555 Internet Fees 5111 _ 5511._ 5515 Parking Fees Security Maintenance 5555_ Insurance 5115 _ Equipment rental fees* 5515._ Equipment rental fees* _. 5555 5551_ Vehicle lease* 5511 _ 5551._ _ 5155.._ 5551._ Office expenses (consumables} 5155__ Accounting Services 5151 _ _ 5155._ Legal Services Auditing Services 5555 Indirect Cost* 5151_._ $1,704.00" 5155__ $1,704.00 5115.._ Staff Training _ 5155_ Staff Conferences 5551 $1,300.00 Staff Travel /Mileage _. Participant Wages* 5555 5515 $12,795 $40,204.00 Supportive Services* Other- Vocational Training $88,46 -3.00 5555._ $55,857.00 Total Operating Expenses $1,704.0 $ 200,323.00 $104,262.00 $96,061.00 GRAND TOTAL (Personnel +operating) $1,704.0 $ 433,694.00 $169,999.00 $263,695.00 EXHIBIT G 25D -181 Budget Narrative I. PERSONNEL SALARIES: 1. Program Director: Responsible for general oversight and direction of program. Principal Librarian - Cheryl A. Eberly. 30% (600hrs) of $82,140 (annual salary) = $24,642 In -kind (General Fund) 2. Lead Case Manager: Responsible for management of all student interns, maintaining WIA compliance, mentoring of several youth, follow up services to previous year WIA youth and management of all library based training components. Librarian- Beatriz Preciado. 100% (2000brs) of $56,892 (annual salary) = $49,852 WIA funds , $7040 In -Kind 3. CTV3 Programming Director: Responsible for oversight and management of CTV3 television programming. Principal Librarian - Lynn Nguyen. 30% (600hrs) of $82,140 (annual salary) = $ 24,642 In -kind (General Fund) 4. Library Operations Manager: Responsible for supervising library operations in relation to this grant. Library Operations Manager- Heather Folmar. 10% (200hrs) of 101,834 (annual salary) = $10,183 In -Kind (General Fund) 5. Proiect Mentors (Refer to Attachment S1 for a breakdown of mentors and funds): Key staff members responsible for mentoring student interns in various areas of CTV programming projects, in addition to mentoring students on a one -on -one weekly basis. Total In- Kind/Matching Funds = $49,565 In -Kind Funds 6. Tutor Mentors (Refer to Attachment Si: Key staff members who will be assigned to mentoring student interns on a one -to -one weekly basis, and also to provide needed tutoring assistance in order to increase educational proficiency. All are part -time staff members. Total In- Kind/Matching Funds = $19,200 In -Kind Funds 6. Tutor Mentors ($19,200 In -Kind Funds) = $1,567Benefits (In -Kind Funds) II.) PERSONNEL: BENEFITS (Refer to Attachment S1 for benefits breakdown 1. Program Director ($24,642 In -kind ) = $7,660 Benefits (In -Kind) 2. Lead Case Manager ($56,892 WIA funds) = $15,885 Benefits (WIA Funds) , $2,241 In -Kind 3. CTV3 Director ($24,642 In -kind ) = $7,660 Benefits (In -Kind) 4. Library Operations Manager ($10,183 In -kind) = $3 165Benefits In -Kind 5. Project Mentors (i & ii) ($49,565_1n -Kind) = S10,069 Benefits (In -Kind) i.) Full -Time Staff Total ($26,271) = $8,167 Benefits (In -Kind) ii.) Part -Time Staff Total ($23,294) = $1,902 Benefits (In -Kind) III.) OPERATING EXPENSES: INDIRECT COSTS: The rate of 3.42% was used to calculate Indirect Cost using a base of $49,852 (FT WIA funded personnel) = $1,704.00 WIA Funds IV.) PARTICIPANT WAGES: = _$.52,999 i.) $ 12,795 (WIA .Funds) ii.) $ 40,204 (In -Kind) Student Internships Salaries = $49,000 ($11,830 WIA Funds + $37,170 In -Kind) 1. Level 1-- Seed Phase (WEX) -4 Weeks X 8hrs /wk (4 hrs training:4 work hrs) = 32hrs X $8.53 = $272.96 per student X 20 students = $5460 2. Level 2 - Sprout Phase A (WEX)- 14 Weeks X IOhrs /wk (6hrs training: 4 work hrs) 140hrs X $8.53 = S1194.00 per student X 20 students = $23,884 3. Level 3- Young Tree Apprenticeship Phase (Library Page) - 16 Weeks X 12 hrs /wk (work) = 192hrs X $8.53 = $1,638.00 per student X 12 youth = $19,656 Student Internship Benefits (Refer to attachment S1 for Student Internship Benefits Breakdown) i. $1.1,830 WIA Fund= $965.34 Benefits (WIA Funded) ii. ($37,1.70 In -Kind) = $3034 (In -Kind) V.) STAFF CONFERENCES = $1,300 WIA Funds i.) CWA Conference cost for 4 youth interns (2 x $225 )= $900 ii.) CWA Conference cost for ladult mentors (1 x $400) = $400 EXHIBIT G W 03 FaL VIb.) VOCATIONAL TRAINING IN DIGITAL TECHNOLOGY (MATERIALS) = $55,857 IN -KIND FUNDS (Funds will be provided from CTV 3 Time Warner Cable Franchise Fee Funds for Purchase of New In -Kind Equipment for WIA Grant — Refer attachment S2) PERCENTAGE OF BUDGET DIRECTLY TO YOUTH: WIA Funds -70% of Budget Directly to Youth in the form of paid work experience, training and mentoring. Other Funds- 75% of budget directly to youth in the form of paid internships, mentoring and training. WORK EXPERIENCE TRACKING: All Work experience compensation will be tracked via daily sign -in sheets and bi- monthly timesheets (Please refer to attachment T for samples of timesheets and sign -in sheets) WORK EXPERIENCE (Refer to Paid Work Experience Policy attachment) SUPPORTIVE SERVICES: Seeds to Trees Academy program does not have a supportive services policy. We provide all transportation to and from training sites. We also have available on a weekly basis a MSW mentor who has compiles a resource binder for us to refer youth to (refer to attachment M for resource items). INCENTIVE POLICY: We do not provide incentives as our focus is in providing a paid work experience and training. We do however have a scholarship program that has been established by one of our previous WIA Seeds to Trees youth interns; " The Moises Garcia Seeds to Trees" Scholarship which provides an annual scholarship of $300 to a WIA youth ( please refer to attachment U for a description of scholarship essay) EXHIBIT G W 6106191, Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. recognize that I must give assurances for each item below. If I cannot, this proposal will be autpmatically rejected. Please initial each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. The include, but are not limited to: Records accurately reflect actual performance. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non - discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990 Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) Procurement policies and procedures are in place and meet federal guidelines. Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 e will not: ace a youth in a position that will displace a current employee. se WIA money to assist, promote, or deter union organizing. Use funds to employ or train of persons in sectarian activities. P . Use funds for youth in the construction, operation, or maintenance of any part of a facility to used for sectarian instruction or religious worship. Use WIA funds for activities that would interfere with or replace regular academic r9quirements for eligible youth who are not dropouts. Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 994 unless the program(s) are only for youth eligible to participate under WIA. Use WIA money under this contract to purchase any equipment. assure that all of the ove are true. k4er_!. JIVE 13 Name Title Date 25 h l [ice Contract No. MEMORANDUM OF UNDERSTANDING UNDER THE WORKFORCE INVESTMENT ACT THIS MEMORANDUM OF UNDERSTANDING, made and entered into this l" day of July, 2013 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and the Santa Ana WORK Center /City of Santa Ana ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act, C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference 25D -185 Page 1 of 15 incorporated herein. CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though frilly set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision. of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with fiends provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25D -186 Paget of 15 CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice /Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and 25D -187 Page 3 of 15 attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant fiends. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. 0. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set torth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully 25D -1 88 Page 4 of 15 comply with all 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 Section 5200) of Part 5 of Division 9 of the state Family Code; and, 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 Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $170,000.00 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2013, and all duties arising under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney, 25D -189 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract persomael hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in. Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to the Summer Youth Program, the only measure is "Work Readiness ". Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the 25D -190 Page 6 of 15 benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shalt maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with finds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25D -191 Page 7 of 15 12. 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, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work Linder a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governinental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and 25D -192 Page 8 of 15 Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employ. CONTRACTOR will ensure that any of its employees who were :formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non- voting member of a WIB, will 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 CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 25D -193 Page 9 of 15 6. Salary and Bonus Limitations, All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, :from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability_. CONTRACTOR and any Subcontractor agree to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (see Exhibit I, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self- insurance. Any subcontractor to CONTRACTOR shall comply with these Insurance Provisions and provide the comprehensive commercial general liability insurance coverage as well as the Additional Insured Endorsement naming the CITY as additionally insured. 2. Automobile Liability Coverage. CONTRACTOR and any subcontractors shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of 25D -194 Page 10 of 15 this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR and any subcontractor is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR and any subcontractor shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR and any subcontractor shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR or such subcontractor in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C..F..R, Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; All applicable CITY policies, procedures and directives; 25D -195 Page 11 of 15 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of finds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is 25D -196 Page 12 of 15 to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 25D -197 Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: City of Santa Ana/Santa Ana WORK Center 1000 E. Santa Ana Blvd. Suite 200, Santa Ana, CA 92701 Phone: (714) 565 -2631 Fax: (714) 565 -2602 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -198 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding the date and year first above - written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney BY: Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" I: Kevin O'Rourke City Manager Santa Ana WORK Center /City of Santa Ana "CONTRACTOR" mm Linda Oberman Economic Development Manager Tax ID #: 95- 6000785 W I •�'ul Page 15 of 15 PROPOSER APPLICATION Agency Legal Name City of Santa Ana Agency DBA Santa Ana WORK Center Program Name STEM Career Awareness Program Program Address 1000 E. Santa Ana boulevard, Suite 200 Santa Ana, CA 92701 Corporate Office Address 1600,000 Contact Person & Title Oberman Linda — Economic Development Manager Email LOberman @santa - ana.org Telephone # (714) 565 -2622 Fax # (714) 565 -2602 Federal ID Number 95- 6000785 AGENCY STATUS Public Non- Profit Corporation Private Non -Profit Private for Profit Government I X I Other Years in Operation? 30 PRIMARY FUNDING SOURCES Funding Source WIA -Youth WIA -Adult I SSA Thursday Friday Amount $321,355 $2,650,000 1600,000 7:00am- 5:30pm 7 :00am- 5:30pm HOURS OF OPERATION AND DAYS Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Hours 7:00am- 5:30pm 7:00am- 5:30pm 7 :00am- 5:30pm 7:00am- 5:30pm 8:00am- 5:00pm Closed Closed TARGET POPULATION Older Youth ✓ Younger Youth ✓ Out -of- School ✓ 1n- 1chool ✓ F# of Youth to be Served in 2013 -2014 20 Total WIA Funds Requested $170,000 i� In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the agency named above. Economic Development Manager Signature Title Date W CKI R STEM PROPOSAL NARRATIVE A. SUMMARY The Santa Ana WORK Center (SAWC) in partnership with Santa Ana Unified School District Career Technical Education (CTE) is seeking $170,000.00 to provide training and work experience for 20 youth 16 -21 years old in areas of customer service and STEM (Science, Technology, Engineering, Math) careers. The program will serve 10 in- school and 10 out -of school youth between the ages of 16 -21 years old interested in a STEM related career. At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. This program will provide four through ten of the 10 WIA elements. A central strategy will be to provide paid work experience and .lob shadowing to program participants in order to expose them to STEM related careers. Occupational skills training in Customer Service will be provided through the Career Technical Education Partnership (CTEp) — Regional Occupational Program (ROP) where students will receive certification in 10 components attached to their Customer Service certification program. Youth will also receive "The National Professional Certification in Customer Service" (NPCCS) from the National Retail Federation Foundation, a research and education arm of the National Retail Federation (NRF), the world's largest retail trade association. In addition, youth will receive work readiness skills that include workshops on labor laws, labor market information, resume writing, interviewing skills, and financial literacy. Staff will provide leadership development opportunities through peer centered activities encouraging responsibility in teams or individually to present and educate their peers on what they have learned about STEM careers, work experience and more specifically their chosen STEM occupation. During the course of the program, youth will receive guidance, support and mentoring from SAWC staff, ROP instructors, and their work experience supervisor. For those youth in need of more comprehensive guidance and counseling beyond the scope of the program, referrals will be provided to connect them with the help they need. While enrolled in the program, youth will receive supportive services as needed and once they have completed the program, staff provide follow -up for 12 months as appropriate to provide retention, supportive services as well as resources to ensure successful outcomes. The planned outcomes for the Program include 100% Customer Service certificate attainment for all participants. The CTEp Customer Service certificate provides instruction in the following areas: Customer Service, Career Planning, Workplace Professionalism, Attitude, Communication, Collaboration and Teamwork, Critical Thinking, Workplace Legal Issues, Time Management and Conflict Resolution Of those youth that are basic skills deficient, 40% will increase their basic skills deficiency through tutoring referrals, financial literacy activities and writing & reading exercises. These additional areas of instruction are embedded into the program. Placement in education and /or employment will be accomplished upon program completion as youth enroll into an education program pursuing a STEM career and /or employed in a STEM occupation, B. QUALIFICATIONS The SAWC, as a comprehensive One -Stop Center, has over 30 years experience in administering various Federal and State funded youth and adult programs. We are a state recognized, award- winning entity with a proven record in leadership, workforce innovation, service integration and quality services. As a One - Stop Center, we are versatile in our service delivery and are capable of addressing the needs of diverse populations resulting in the awarding of multiple funding streams. We have the ability to effectively leverage resources across an extensive network of partner agencies and community organizations and have demonstrated fiscal stability and program sustainability over the past 30 years. The SAWC has an exceptional track record in successfully implementing the following programs: WIA Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency Grants, Governor's Discretionary Grants, Department of Labor Welfare -to -Work Grant, Faith -based Initiative Grants, Housing and Urban EXHIBIT A 25D -201 2 Development Grants, Department of Labor — Earmark Grants, the Department of Justice — Weed and Seed Program, and American Recovery and Reinvestment Act (ARRA) programs. Our average annual operating budget is $3.2 million. Our sources of funding stem from State and County adult and youth grants in addition to Federal Department of Labor WIA Adult, Dislocated Worker, Youth Formula Grants, and Rapid Response grants. Our goal is always to look for ways to leverage funds from different funding streams to provide more customers with more services. That is why this year we have made efforts to leverage our entire STEM staffing from other funding streams like the Community Development Block Grant (CDBG). This will allow us to serve double the youth with two full -time case managers that will provide quality services funded under CDBG. Through the varied funding streams throughout the years, we have made an in impact on thousands of undereducated, low - income youth with barriers to employment, by providing them workforce programs that offered paid work experience, work readiness, life skills, occupational training, insight into various career through job shadowing, and most importantly the knowledge of how to find and advance in employment in order to retain financial security and self - sufficiency. More specifically, in the last three years, the SAWC has overseen and administrated youth programs with funding from Department of Labor ARRA funds, Orange County Community Services (WIB), and Community Partnership of Orange County in which we met and exceeded all performance and enrollment requirements. In addition, our partnering agency, CTE -ROP, has an extensive history serving youth in the City of Santa Ana. Last year over 7,000 high school students participated in the school district's Career Technical Education (CTE) program in various career courses. This total represents over 50% of high school students being served by the program. This partnership will enable us to prepare in- school and out -of- school youth for STEM related opportunities that are very much needed in our community. C. PROBLEM, BARRIERS, SOLUTION The demand for skilled workers in science, technology, engineering, and math (STEM) is closely linked to global competitiveness. In the 21st century, scientific and technological innovations have become increasingly important as we face the benefits and challenges of both globalization and a knowledge - based economy. To succeed in this new information -based and highly technological society, young people need to develop their capabilities in STEM and its opportunities for their future. Youth are unaware of the opportunities and job growth that lie within the STEM careers. Many youth believe that STEM jobs are the doctors and nurses and don't really understand the variety of occupations within STEM careers and how many of the entry level occupations are now incorporating technology and math that is also included in STEM careers. STEM related fields are inany and diverse; about 150 different college majors have been identified by the National Science Foundation as STEM majors. Equally diverse are the industries in which STEM jobs are critically important to growth and competitive success. Some of these industries are obvious: advanced manufacturing, biotechnology, chemical engineering, energy, and health care all relay on high - level skills and education in the STEM fields in their workforce. Other industries may seem less obvious for their reliance on STEM knowledge and skills, such as construction, retail, transportation, and hospitality. Changing technology and expectations of the workforce in these industries make STEM knowledge important even in these industries. For example, mechanics in the trucking industry must deal with sophisticated computer technology in both diagnostics and repair procedures. In construction, the increased importance of math and technical knowledge on the construction site, and in construction EXHIBIT A 25D -202 business offices, has become an obstacle to entry into apprenticeship and other training programs for individuals who fifteen years ago would have easily found their way into those programs. The Department of Labor's 10 -year employment projections show that, of the 20 fastest growing occupations projected for 2014, 15 of them are STEM related. The SAWC goal is to make the youth fully aware of the many opportunities and avenues available to pursue and complete a STEM career and those occupations that may cross over to green collar careers. The STEM workforce pipeline challenge is not just about the supply and quality of baccalaureate and advance degree earners. A large percentage of the workforce in industries and occupations that rely on STEM knowledge and skills are technicians and others who enter and advance in their field through sub - baccalaureate degrees and certificates or through workplace training. Many of our WIA Youth are not aware of their options other than college, and for some this may not be something they are ready for. Our goal is not to discourage college, but to provide options and opportunities through knowledge and WEX. By exposing them to the different possibilities in STEM careers and some green collar careers through work experience, paired with the comprehensive interpersonal and social skills training they will receive from the CTE -ROP Customer Service Academy and the SAWC staff, youth will have the confidence to navigate their STEM Career preparation and future workforce experience or challenges that could sometimes derail their success. Competitiveness in STEM fields requires not just a focus on the skills but on soft skills, work readiness and great internal and external customer service. The supply of those involved in STEM fields from the most complex research and development and leadership positions to production, repair, marketing, sales and other jobs that require competencies built upon STEM need the above basics foundations and great customer service skills to be successful. The STEM Career Program plans to enroll 20 low- income youth between the ages of 16 and 21. Of the 20 WIA eligible youth, 10 will be in- school youth 16 -21 years old, and 10 will be out -of- school youth also between the ages of 16 -21. The youth that we typically serve come from various population groups, probation, foster, emancipated, homeless, high school dropouts, teen parents, gang affiliated, and youth with disabilities. We don't turn away any population that meets the WIA eligibilities criteria required and those that don't are still provided with quality services by SAWC staff. Over the course of 12 months, the SAWC's goal is to meet with participants at minimum on a monthly basis and if needed weekly or daily to allow the youth to receive the full benefits of the program and address any barriers or problems that need immediate attention. Every youth has his /her own circumstance and we pride ourselves in treating youth individually and addressing their barriers in the same manner. Staff is encouraged to develop a lasting professional relationship with the youth in order to gain their trust to better serve them and provide them the best possible services according to their needs. D. PROPOSED PROGRAM The STEM Career Program plans to enroll 20 low- income youth between 16 and 21 years of age. Of the 20 WIA eligible youth, 10 will be in- school youth 16 -21 years old, and 10 will be out-of-school youth also between the ages of 16 -21. At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. The youth that we typically serve come from various populations as stated above and we don't turn away any population that meets the WIA eligibilities criteria required. The SAWC has always made it a priority to market and bring awareness of our services on a regular basis. Our agency is invited and attends community events at the local high schools, family resource centers, non - profit agencies, Social Service Family & Children's agency, special events for youth with disabilities, and our partnering agencies like Employment Development Department (EDD), Santa Ana College and Social Services throughout the year. The SAWC has developed great relationships with agencies that EXHIBIT A 25D -203 provide targeted services to Foster and /or emancipated youth, youth with disabilities and youth on probation. Social Services Children & Family Services invites us to their annual foster parent and Staff resource event where we market our services and programs. Additionally, we attend their monthly Foster Youth Outcomes meeting that provides us the opportunity to network with other agencies that also specialize in servicing foster and /or emancipated youth. Orangewood Children's Foundation has also continued to work with us on referring any of their emancipated youth that can benefit from our programs and services. Youth with disabilities continues to be a population we outreach and market our services to. Every year we are asked by the Santa Ana Unified School District's Transition Partnership Program to help in the annual planning of the Senior Transition Day that targets seniors with a disability transitioning out of high school. Staff also works individually with school staff that works specifically with youth with disabilities to provide them with tours of the SAWC and presentations of our services. As an added resource, we have onsite the Department of Rehabilitation and Goodwill Industries that provides us with insight on serving individuals with disabilities, referrals, and possible worksites. Our staff has worked with juvenile detention centers to provide presentations about our programs and services in addition to providing workshops on how to find employment once they are out. We also work with our Santa Ana Police Department to update them on the services we have available to youth and adults and provide them with marketing material to distribute as needed. These relationships and networks allow us to meet our numbers and to address many of the barriers our youth are faced with. Tapping into the expertise from these partnerships plus our experience working with youth for over 20 years is a win -win combination. Additionally our average monthly traffic at the SAWC of 3,639 puts us in contact with many young adults and youth that we can outreach to and provide services. More specifically, our monthly traffic count during the spring and summer, when we have to start recruiting, increases to over 4,000 compared to 3,000 in the winter. This makes it ideal for us to meet if not exceed our enrollment goal of 75% by the second quarter of the program year. This year we were at 1.00% enrollment by the end of summer. The following provides an outline for the program: Work Readiness Skills (SAWC): The lack of "soft skills" of potential candidates is a major concern of our local business community. That is why our workforce specialists have developed and refined job readiness classes that will be used to teach program participants the tools to find a job, keep a job, and protect them while employed. The skills are taught through workshops on various subject matter including but not limited to Youth labor laws, labor market information, resume writing, interviewing skills, and financial literacy. The SAWC has 30 years of experience providing work readiness skills to adults and youth. Our goal is to fully prepare clients with the most current resources needed to find the best job to help become and stay self - sufficient. Participants will learn to apply the knowledge obtained into the various careers associated with STEM. Work Experience (SAWC): Work Experience (WEX) is the planned, structured learning experience that takes place in a workplace for a limited period of time. It is designed to impart specific skill and behavioral competencies. Paid WEX activity will be a maximum of 12 weeks in length. Youth will be placed with a STEM employer that will provide experience and awareness in STEM careers. Depending on the youth's educational responsibilities, participant will be allowed to work up to 20 hours a week at $8.50 an hour. For those youth who are in school, flexibility will be allowed in order for them to focus on school first and workforce second. The WEX component will begin immediately following the completion of the Customer Service certification. Staff will work with each youth, taking into account each skill sets and interest in order to find an appropriate match with a STEM employer. Youth will be exposed to what it's like to work in a STEM career and /or job shadow someone in the STEM field. They EXHIBIT A 25D -204 5 will learn what educational background is required, through one -on -one sessions with their Case Manager and WEX employer. We have included letters from a couple of our current STEM employers like Sandvik Coromant Academy, a metal cutting technology training company that has provided great mentoring and learning of the science, technology, and math behind their company. Sandvic along with other employers like UCI Ob Gyn Billing, City of Santa Ana Engineers, Coastal Composites Aerospace Company, and Goodwill Industries Computer Store are a few of the companies that worked with our youth and have said will participate again next year as work experience sites. Youth will be asked to journal their WEX experience and how they put to use or benefited from the 10 comprehensive components they received from CTE -ROP Customer Service Academy. Occupational Training: All participants will complete the CTE -ROP Customer Service Program consisting of 10 comprehensive components that will complement any STEM career. CTE -ROP will provide training in 10 specialized Customer Service categories focused on interpersonal and social skills and lead to a Certificate from the Career Technical Education Partnership (CTEp). This Customer Service Academy program consists of 10 eight -hour courses that will be presented in half -day segments (4 hours each class) for a total of 80 hours throughout the summer months. Students will receive certificates mid training in the following specialized subjects that will enhance their personal, academic and professional lives: Customer Service, Career Planning, Workplace Professionalism, Attitude, Communication, Collaboration/Teamwork, Critical Thinking, Workplace Legal Issues, Time Management and Conflict Resolution. Following is a description of each course. 1. Customer Service — Students will explore key skills and attitudes necessary to effectively meet both internal and external customer needs ... this includes employers /colleagues and business clients respectively. Participants will be introduced to concepts and appropriate techniques for dealing with the different audiences, enhancing customer satisfaction and insuring positive communication. 2. Career Planning & Management -- Students should make career decisions that are right for them. Career -ready individuals take personal ownership of their educational and career goals and manage their individual plan to attain these goals. They recognize the value of each step in the educational and experiential process, and they understand that nearly all career paths require ongoing education and experience to adapt to practices, procedures, and expectations of an ever - changing work environment. 3. Workplace Professionalism /Productivity — Career -ready individuals understand the obligations and responsibilities of being a member of a community and demonstrate this understanding every day through their interactions with others. They are aware of the impacts of their decisions on others and the environment around them, and they think about the short -term and long -term consequences of their actions. They are reliable and consistent in going beyond minimum expectations and in participating in activities that serve the greater good. 4. Attitude in the Workplace - having the right attitude has a positive impact on the workplace and our interactions with customers. Topics in this course will explore how attitudes at work positively and negatively affect customer service, the organization's image, productivity, and employee retention. 5. Communication in the Workplace - Communication is critical in understanding what the customers want, when they want it, why they want it and what their expectations are. The best approach in trying to figure all this out is by means of being good listeners and communicators. This course will cover verbal and non - verbal communications as well as superior listening skills with the opportunity to practice techniques. EXHIBIT A 25D -205 R 6. Collaboration /Teamwork - Working as a team can increase productivity, enhance project management, reduce business conflicts and create superior customer service. Students will learn the "styles" of classmates so they can work together better on projects and customer satisfaction. Critical Thinking /Problem - Solving /Creativity - Many of us face a constant barrage of workplace decisions and problems to be solved. Regardless of job responsibilities, students will learn that they are responsible for smart choices. Instruction will focus on decision - making styles, processes and techniques, and when they each should be applied. Students will learn how to be creative problem solvers. Workplace Legal Issues/Ethics /Health and Safety - Ethical behavior affects what happens in the workplace. This course provides the opportunity to evaluate ethical behavior and what's appropriate and what's not. 9. Time Management - Whether it's in the workplace, home or school, all areas of our life benefit from efficiency and productivity. The way we manage our time has an impact on our ability to get things done. Students will explore time management techniques that will help them stay in balance and be more effective in the workplace. 10. Conflict Resolution - Conflict gets in the way of good business and meaningful relationships. Participants will explore the causes and impact conflict can have on customer service and workplace affairs. This course will cover proven strategies and techniques for resolving tough issues and how to turn a difficult customer, or colleague, into a loyal one. The Customer Service Academy is an interactive program that will utilize videos, books, personality assessments, presentation tools, and incorporate games to enhance the students' interpersonal skills and encourage participation in all 10 courses. In addition to their CTE -ROP certification, youth will also receive "The National Professional Certification in Customer Service" ( NPCCS) from the National Retail Federation Foundation. According to the labor bureau statistics, for the summer of 2006, teens had an unemployment rate of 16.5% -- four times higher than that of adults during the same period. Like adults, teens were hurt by the mini - recession of 2001, but while the adult economy has regained its footing, youth employment has continued to fall. Therefore, a certificate like this becomes very beneficial to our youth population by making them stand out above the more mature job seeker. According to Andrew Sum, director of the Center for Labor Market Studies at Northeastern University, employers are hiring immigrants and workers 55 and older seeking to supplement their incomes."If you walk into a mall or a grocery store, you'll see large numbers of older people working at jobs teens used to have," says Sum. In an October 2006 study, "Are They Really Ready to Work ?" more than 400 U.S. executives and human resource professions reported that entry -level employees, including graduates of four -year colleges, lack critical skills. A vast majority of high school graduates are deficient in written communications, professionalism and problem- solving all areas that the youth enrolled in the STEM program will learn and become experts at. Youth that attain the NPCCS will signify that they have demonstrated knowledge and skills noted as important to successful employment in best - practice, high- performance companies in the sales and service industries. A youth who earns this certification will have national, transferable certification of skills and knowledge in customer service. They will have a better opportunity at finding employment that values customer service and for youth it is most if not all the jobs they apply for. EXHIBIT A 25D -206 Leadership Development (SAWC): Staff will provide youth leadership development opportunities through peer centered activities encouraging responsibility in teams or individually to present and educate their peers on what they have learned about STEM careers and more specifically their chosen STEM occupation and work experience. The intended goal is for program participants to develop a presentation regarding what they have learned as well as providing them with an opportunity to practice their reading, writing and presentation skills. Post - Secondary Education Awareness (SAWC): The program will include workshops educating youth about their options for post- secondary education including traditional colleges and universities but also apprenticeships, trade schools, and certified vocational education programs. The program will include lessons on researching different college and educational programs. All forms of financial aid will be covered during the workshops and how to apply for each. Youth will be taken on field trips to visit local colleges and see the difference between junior college, state college, and universities. In addition, Staff is well versed in post - secondary education and the potential for all our youth to succeed at accomplishing and finishing a post - secondary program at some point in their immediate future. If the youths' priority because of their circumstances is to work full -time, staff is trained in helping see how post - secondary education is still attainable to help further their opportunities and future success while helping them find employment. Mentoring (SAWC): As part of the program, youth will have mentors that will provide guidance and support throughout the program and during 12 months after they have completed the program. They will each have access to the Youth Case Manager who will guide them through the program and provide them support. Youth will be able to meet with their case manager on a monthly basis at minimum or as often as needed during the program to go over any issues they may be having or discuss their progress in the program. Their Case Manager will oversee every aspect of their participation in the program and make sure they have someone to answer their questions and look to if they encounter any issues. Each youth will also receive mentoring from their WEX supervisor during their 12 weeks of work experience. These mentors will provide them with support during their WEX and serve as role models for their STEM careers. Supportive Services (SAWQ: Participants will be provided with transportation bus passes or gas cards as needed. Transportation support services will be delivered up to 6 months to facilitate program participation. Additionally resources to assist in the placement in job sites will be provided, including but not limited to interviewing clothes. Also available to youth; will be a licensed therapist who will provide them with counseling as needed for any challenges they are encountering. Employment Services (SAWC): The SAWC has a comprehensive employment services team available through its integrated service delivery system which includes various partner agencies such as Employment Development Department. During 2011, the employment services team was responsible for listing over 10,000 job openings. Additionally, targeted group recruitments and job fairs took place onsite. One particular recruitment in early 2011 resulted in over 30 people being hired on the spot. Youth program participants will benefit from one on one job search assistance. Staff will be assisted by the latest cutting edge technology for placement services. The WORK Center subscribes to software like Bullhorn. It is a robust job matching system that links jobs to participants using their interest and skills. The system also allows staff to search for jobs beyond what exists in the database. "Spidering" technology reaches out across the internet to pull jobs to match a participant skill. Bullhorn can be tailored to assist in placing participants with local companies easily accessible by local transportation, a very important service for youth that don't yet have a car because of their economic challenges. Furthermore, the SAWC works very closely with the Enterprise Zone Program. The Enterprise Zone program is designed to promote business EXHIBIT A 25D -207 growth and job generation by offering state tax credits to businesses that hire our youth. Finally, as an incentive, youth that do find employment will receive a $50 incentive to encourage their positive efforts. Follow -up Services (SAWC): A total of 12 months of follow -up services will be provided to each youth enrolled in the Program. Staff will maintain monthly contact with clients after they have been exited in order to provide additional education and employment retention services. Such services include coaching and mentoring to ensure their continued success and self - sufficiency. Our expertise in running WIA programs has provided us with insight and knowledge on how to best to accomplish the outcomes and performance needed to best serve program participants. Our program is organized so that all outcomes and WIA performance measures are accomplished prior to completion of the program. The intent is to achieve all desired goals while we have momentum with the youth. This allows us to solely focus on retention of their outcomes and more easily address any issues and concerns the youth may encounter once they have left our program. E. COMMON MEASURES: The SAWC, through its extensive experience in administering Federal and State funded programs, understands that WIA performance management is vital to the success of the YSPN. Over the past 11 years, the SAWC as the Service Navigator has been instrumental in helping WIA funded providers manage and meet their performance measures individually and as a Network. Staff is also experienced in preparing and training staff on WIA performance measures and any new and updated legislation. Additionally, Staff attends DOL training and the annual California Workforce Association Conferences to stay updated with the most recent legislation and requirements regarding WIA. Staff has provided training on Common Measures to WIA funded providers to give them a basic understanding of what Common Measures are and how they affect their program and the way they provide services. Our commitment to helping the YSPN stay in compliance and in meeting all Federal, State, and locally mandated performance measures will continue to be a top priority with this program. Through this experience and Staffs various past experience running other performance based non -WIA funded programs, we have challenged ourselves to meet or exceed the following performance measures as they are listed below: [170% of placement in Employment or Education 1180% of youth will attain a Degree or Certificate ❑ 40% of youth that are Basic Skill deficient will improve their Literacy or Numeracy Although we are not able to finalize our performance for the program this year because the youth have not been exited from the program, we can say with certainty we are on track to meet our performance goals. We were able to meet our winter enrollment goal of 75% prior to the fall and even over enrolled a few youth and were 100% enrolled by the winter. Currently we have exceeded our attainment of credential /diploma /certificate measure and are at 93 %. SAWC Staff has expertise on performance management including exit and follow -up in order to comply with federal, state, and local regulations. Staff will use a custom designed database developed to provide reports and up to date information to show what the current progress of the program is. Additionally, this year we have incorporated incentives to encourage positive efforts and incentivize hard work by providing the following incentives: • Basic Skills Increase Incentive $50.00 • Complete an Autobiography $30.00 EXHIBIT A wldKllee� 9 • Keep a Personal Journal $30.00 • Completion of work readiness /life skills workshops /task $40.00 • Completion of ROP Customer Service Training $100.00 • Attainment of GED or a WIA Recognized Occupational Skills Certificate $50.00 • Post - Secondary School Incentive $50.00 • Placement in Employment Incentive $50.00 For further details on the incentives, please see our Youth Incentive Policy (Attachment E). F. FACILITIES The Santa Ana WORK Center's facilities are compliant with the American with Disability Act (see attachment F). Computer and Internet access is available to all Staff involved in serving the Youth. The SAWC main resource room in suite 220 is always open to our clients during office hours listed below and is equipped with computers, internet, fax machines, printers, and a copier to assist clients with their workforce needs. In addition, youth will have access to a computer lab in suite 200 at the SAWC that was developed with the customer in mind and also has internet to be used to do career and job search or training. Through our partnership with EDD, participants also have a youth friendly area in suite 103 where youth can job search or career research in a more youth friendly environment. As needed to accommodate youth attending school, our offices can be used during non - traditional hours to provide program activities to youth enrolled in the program. Santa Ann Work Center Suite 200 & 220 1000 E. Santa Ana Blvd., Santa Ana, CA 92701 (Located in the Santa Ana Train Depot between Santa Ana Boulevard and Santiago) Phone: (714) 565 -2600 Fax: (714) 565 -2602 Hours of Operation: Monday - Friday 8:OOAM - 5:OOPM G. FISCAL CAPACITY: The SAWC is a part of the City of Santa Ana. All fiscal and procurement operations follow the policies and procedures of the City. As a part of the City's accounting system, the SAWC has various account numbers assigned that relate to specific funding sources. Revenues and expenditures are coded with account numbers relating to those funding sources. Monthly financial statements are produced based on charges to those accounts. The monthly reports indicate the line item budget amounts, expenditures against the budget and the balance remaining for each account and funding program. The STEM program will be provided with a separate and distinct account number to identify all costs related to that particular program. Invoicing Process Invoices for the STEM program will be reviewed and approved by program staff at the SAWC. They will then be forwarded to the department accounting staff at City Hall where they will be assigned account numbers and approved for payment. The accounting staff will prepare the request for payment, attach the necessary documentation and forward the invoices to the Accounts Payable unit EXHIBIT A WIkU, 10 for entry into the city's accounting system, Checks are issued according to City policies and timelines. The department accounting staff includes a Senior Management Analyst and two Senior Accounting Assistants with a total of 20 years of accounting experience with the City of Santa Ana. Payroll As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed by all staff indicating functions and programs that have been worked on during that particular pay period. That information, with the accompanying account numbers, is entered into the payroll system by the Senior Accounting Assistant. Payroll dollar amounts are posted to the accounting system and are reflected on the monthly financial reports. Procurement The SAWC follows the City of Santa Ana's procurement policies as well as federal and state regulations related to procurement. Purchase requisitions for items over $500 are entered into the accounting system and approved by the finance staff at City Hall. Buyers from the Purchasing Department review the requisitions and issue purchase orders following City policies and procedures. When the goods are received by SAWC, staff compares the goods delivered to the purchase requisition for completeness and accuracy. The purchase order paperwork is approved, signed and returned to the Purchasing department. Payment for the goods is initiated through the Purchasing department following City procedures, Financial Stability The SAWC is funded by WIA grants, a Department of Labor H -1B grant and an Orange County Social Services Agency grant. Staff continues to pursue additional sources of funding to compliment current programs. The City of Santa Ana provides interim funding from its general revenue fund for all expenses including payroll. Grant funds are requested monthly based on expenditures and replenish the general fund expenses. EXHIBIT A 25D -210 Ci ° M 0 0 y c 0 rn � >b T. m 0 ° ° b z r� 1.1 h� M 0 M. �D �D I II II II p L a O' CA 5 d o a ° ° CD C1. >�_�� y Q. .� y N �,' N oalooa. co V, I „ cr C $ o P' co O 70 C. d C7 pq W �. �. � N C 4 BOO N�i ao a „ CO w ns N N d, � o CD o' .CCD 5 rn � CD O CD I a ° ' J O o � � r' O Ci ° M 0 0 y c 0 rn � >b T. m 0 ° ° b z r� 1.1 h� M 0 M. �D �D EXHI -211 I II II II p L a O' CA 5 d o a ° ° CD C1. >�_�� y Q. .� y N �,' N oalooa. co V, I „ cr C $ o P' co O 70 C. d C7 �. �. ° no no G G 0 O ao a „ CO w ns N � o CD o' .CCD 5 � CD a � I a ° o � � N CCD A v. ..( CD .3 SD o � aCD a CD o N � N CL �. w va EXHI -211 3 G I II II II p L CK =CD o >�_�� ti y I CL oalooa. co V, I „ cr C $ o P' co O 70 C. d C7 �. �. ° no no G G 0 O ao a „ � o Q N 5 3 G STEM Youth Incentive Policy Developed; 03/06/13 Number: SA32 -Youth Effective: 03./1 Revised: _ • Keep a Personal Journal Incentives 1/2013 $40.00 Purpose: To provide policy for granting incentive awards to youth enrolled into the Title I WIA Youth program, Background: The Workforce Investment Act of 1998, Section 129(a)(5), states WIA Youth funds can be used to provide incentives for recognition and achievement to eligible youth. Substance: Incentives are allowable to youth enrolled into the WIA Title I Youth program. They are intended to be used to encourage and motivate WIA youth to reach specific goals and obtain positive outcomes. Incentive awards are not an entitlement. All incentive awards will be subject to the availability of WIA Youth funds. Programs have the option of including in their program design which incentives they feel are most appropriate for their population. Incentive An incentive is a payment to a WIA enrolled Youth for the successful participation and achievement of expected outcomes. The incentive must be linked to an achievement and must be tied to training and education. Such achievements must be documented in the participants file as the basis for an incentive payment. Incentives are considered awards to WIA youth for their achievement and participation in WIA activities. This list of cash incentives may be awarded to WIA enrolled Youth for full completion and achievement in a WIA activity. Incentive payments may be awarded as cash incentives only. Program operators have the option of including incentives in their contract that are advantageous to the population served. Incentive payments may be awarded for the following goal accomplishments or Activities: • Basic Skills Increase Incentive $50.00 • Complete an Autobiography $30.00 _ • Keep a Personal Journal $30.00 • Completion of work readiness /life skills workshops /task $40.00 • Completion of ROP Customer Service Training $100.00 • Attainment of GED or a WIA Recognized Occupational Skills Certificate $50.00 • Post - Secondary School Incentive $50,00 • Placement in Employment Incentive $50.00 • Basic Skills Increase Incentive $50.00 Participants identified as basic skills deficient in either reading and/or math must be post- tested at least once by the end of the first year after enrollment. Participants who successfully complete all TABE retesting requirements within 12 months from the date of the first youth service and who increases his /her TABE score in Math and /or English by 2 Grade Level Equivalencies or 1 Education Functioning Level (EFL) can receive, while enrolled in the program, a onetime incentive not to exceed $25.00. Post testing should occur only in those areas where the participant tested deficient e.g. reading or math. A copy of the TABE level increase must be included in the participants file, EXHIBIT A 25D -212 - Complete an Autobiography $30.00 Participants are eligible for this one time incentive following the submission of a typed six or more paragraph autobiography. - Keep a Personal Journal 30.00 Participants are eligible for this one time incentive following the submission of a weekly journal for a total of twelve weeks within 12 months from enrolling in the program. Journal entries should be at least twice per week or more. - Completion of work readiness /life skills workshops /task $40.00 Participants are eligible for this one time incentive following the submission of proof they attended and /or completed five of the following: resume, LinkedIn workshop, post - secondary workshop, post - secondary field trip, financial literacy workshop, cal jobs online registration, 240 hours of work experience, labor market workshop, STEM industries workshop, time management workshop, conflict management workshop, interview skills workshop, - Completion of ROP Customer Service Training $100.00 Participants are eligible for this one time incentive following the submission of their ROP certificate and /or an official document from ROP verifying the participant has successfully completed their training. Documentation must be maintained in the participant file. - Attainment of GED or a WIA Recognized Occupational Skills Certificate $50.00 Participants are eligible for this one time incentive following the submission of the GED certificate and/or an official document from the test site verifying the participant passed. Documentation must be maintained in the participant file. To qualify for this incentive, students must not possess their GED or its equivalent and/or the Occupational Skills Certificate at the time of WIA registration. - Post - Secondary School Incentive $50.00 Participants included in the placement in education /employment common measure that are registered and enrolled in post - secondary education by their exit date are eligible for this incentive if they provide a copy of their letter of acceptance and /or proof that they are enrolled. Documentation must be maintained in the participant file. Placement in Employment Incentive $50.00 Participants included in the placement in education/employment common measure that are employed by their exit date are eligible for this incentive if they provide a copy of their paystub or proof of employment. Documentation must be maintained in the participant file. EXHIBIT A 25D -213 SANTA ANA W /O /R /K CENTER WORK EXPERIENCE POLICY Effective: 3111113 1 Number: SA05 -WEX I Revised: 311/13 1 Replaces: 3 -1 -2005 I. OVERVIEW Work Experience Program (WEX) is the planned, structured learning experience that takes place in a workplace for a limited period of time. It is designed to impart specific skill and behavioral competencies. It may be paid or unpaid as appropriate, and may be in the private, nonprofit, or public sectors. It primarily is designed to provide onsite training with potential for full time employment. The participant will be placed at a worksite to learn good work habits and marketable skills. Furthermore, WEX functions as a workplace values activity, as opposed to a training activity, which is about the acquisition of specific occupational or job skills. The Program is funded through the Workforce Investment Act. The program operates under strict regulations and guidelines. WEX is designed to promote the development of good work habits and basic work skills. When. combined with other services, work experience should be given either concurrently or sequentially to increase the basic education and /or occupational skills of the participant, as set out in the individual's service plan (IEP). II. POLICY A. Customer Profile WEX services will be made available to eligible low - income Adults, Youth, and eligible Dislocated Workers. Activities should be integrated in the IEP or MAP for Youth combined with other services. WEX services are limited to those individuals with no significant work history or who lack a sufficient attachment to the workforce. Sufficient attachment to the workforce is defined as; • Individuals that have worked for less than a period of six months within the last two years prior to the day of WIA application/registration, OR • Individuals who have had multiple short -term jobs within the last two years prior to the day of WIA application/registration, OR • Individuals who have completed training and who lack training related experience. B. Duration and Length of WEX Activity EXHIBIT A 25D -214 Participation in work experience should be for a reasonable length of time, based on the needs of the participant, and should be tied to achievement of a necessary skill level (skill competencies attained). However, work experience should not exceed 16 weeks. C. Employee /Employer Relationship WEX does not constitute an employer /employee relationship between the worksite and the participant. The City of Santa Ana will be the employer of record. By agreeing to accept a WEX placement, the worksite is agreeing to assign a supervisor who will function as a mentor and trainer. Participants may not be placed in a worksite until a worksite agreement has been signed. D. Rate of Pay Participants engaged in WEX shall be compensated at a rate of $8.00 -$9.00 per hour depending on funding and grant. E. Program Competencies • Career Exploration/ Assessment. Assessment is the evaluation of a participant's skills and abilities related to securing and retaining employment. Often involves using specific assessment and evaluation tools. Competency Attainment Short -term pre- vocational services will be made accessible to participants (i.e., development of learning; communication; interviewing; punctuality, personal maintenance; professional conduct, and basic computer/keyboard training) as needed. These competencies maybe taught through individual counseling or through group workshops. Work Experience WEX is the planned, structured learning experience that takes place in a workplace for a limited period of time. It is designed to impart specific skill and behavioral competencies. It may be paid or unpaid as appropriate and may be in the private, nonprofit, or public sectors. Paid WEX activity should be a maximum of 16 weeks in length. The duration of work experience shall be recorded in the IEP or MAP for Youth. F. Worksite Approval To be approved, a potential worksite must meet the following conditions; A participant in WEX must not displace (including a partial displacement, such as a reduction in the hours of non - overtime work, wages, or employment benefits) any currently employed employee (as of the date of the participation). • A WEX placement must not impair existing contracts for services or collective bargaining agreements. When a WEX placement is inconsistent with a collective bargaining EXHIBIT A 25D -215 agreement, the appropriate labor organization and employer must provide written concurrence before the program or activity begins. • A WEX participant may not be employed in or assigned to a job if any other individual is on layoff from the same or any substantially equivalent job. • A WEX participant may not be employed in or assigned to a job if the employer has terminated the employment of any regular, unsubsidized employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy created with the WEX participant. • A WEX participant may not be employed in or assigned to a job if the job is created in a promotional line that infringes in any way on the promotional opportunities of currently employed workers. • Worksite must not be on strike or on a pre- strike status • Worksite must be ADA compliant. • Worksite must allow State or Federal monitors to monitor the site. • No relative by blood, adoption or marriage of the employer may be trained under WEX. III.PROCEDURES A. Program Referrals There are several ways to recruit for the WEX program. A potential participant can either be recruited directly from universal services, be enrolled in a WIA Youth program, or be an existing program participant and be referred to the WEX by a case manager. B. Initial Meeting with Case Manager This initial meeting is designed to allow the two parties to meet and see what assistance the customer is seeking from the WEX program. WEX staff will evaluate whether the customer's goals are something that WEX can assist with. Customer must be registered and meet the eligibility requirements as defined under WIA Intensive Services or WIA Youth eligibility. Furthermore, to receive intensive services, a customer must be determined eligible in accordance with the priority system as applicable. See PB 00 -02 for further details. C. Service Design Background: Once it has been determined that applicant is eligible, staff will meet with participant to start WEX unless otherwise noted in grant. WEX staff must enroll customer into the program. MIS forms need to be entered into JTA by this point. EXHIBIT A 25D -216 Staff should go over what the participant's specific plans are going to be. Career Exploration/Vocational Assessment may take place at this tune. (except for youth, this would have taken place at eligibility and during enrollment) Vocational assessment is the evaluation of a participant's skills and abilities related to securing and retaining employment. Often involves using specific assessment and evaluation tools. Attention should be focused on whether program participant needs short-term pre - vocational services such as the development of learning; communication; interviewing; punctuality, personal maintenance; professional conduct, and basic computer /keyboard training) as needed. For Adults only, an IEP should also be completed, outlining the course of services. WEX staff will help participant in accessing available services, which may include supportive services. D. Referral to Worksite Interview /Placement Appointment After identifying the best available position that meets the participants' needs, interests, and skills, WEX staff will assist the participant in selecting the best matching worksite. WEX staff will call the worksite to set up an appointment if requested by worksite on behalf of the participant. Worksite supervisor may interview participant if requested. Upon completion of interview, worksite supervisor will contact WEX staff to inform them of the results. WEX staff will then call participant to complete process. E. Personnel and Payroll Processing WEX staff will meet with participant and provide him /her with a review of the Work Experience Program ( ie. number of hours allowed, rate of pay, when pay check dates are, and timecard procedures). 2. WEX staff will review WEX Handbook with participant. This handbook explains the WEX Program, paydays, payroll procedures, WEX staffs role, worksite supervisor's role, and participant's rights and responsibilities. Encourage participant to read handbook prior to work. 3. The participant is provided with a copy of the job description for the position he /she is filling. This provides the participant with the name of the agency where he /she will be working, the address, the phone number, the name of his/her supervisor and a job description. 4. Supportive Services such as bus passes can be made available at this time if they have not provided one already. Please review supportive services policy for more information. Clearance to start is given when all paperwork is complete. The following forms are required to be completed before a participant is cleared to start. EXHIBIT A 25D -217 Required Forms • Supportive Service Forms (if applicable) • W -4 Form • Timecard • Youth and Supervisor Handbook • Copy of Request Form with job description • Deferred Compensation Application with Blue booklet • I -9 • Personnel Profile • UnempIoyment Waiver G. Worksite Approval Procedures 1. Worksite development is the responsibility of WEX staff. It will consist of identifying employment openings for possible WEX positions. 2. WEX staff will utilize, but not be limited to, the following methods: flyers; mailers, cold calling, referrals from current employers /contacts, information disseminated through newsletters, newspapers and trade journals, public speaking at local functions, contacts established by eligible participants through the self directed job search, etc. 3. WEX staff will set up an appointment with potential worksite to explain program benefits, details, requirements and policies. 4. WEX staff must inspect the worksite to confirm compliance with program requirements. It is mandatory for all supervisors and alternate supervisors to attend this meeting. If alternate supervisor cannot be there, the supervisor must inform the alternate supervisor about the details of the program and must be given a supervisor packet. Appointments may last 30 minutes to an hour. 5. WEX staff will review the supervisor's packet with the potential worksite. The Supervisor's packet will include the following forms. a. Daily Sign -in Sheets & Time Cards b. Worksite Evaluation Form e. Sample Time Card d. Request Form e. Agency Worksite Agreement f. ADA Evaluation Survey g. ADA Certificate h. Worker's Comp Bulletin a. Daily Sign -in Sheet & Time Card Instructions No white out on the time cards EXHIBIT A 25D -218 • Round all hours worked to the half hour, no quarter hours or minutes. • It is mandatory for participants to sign -in and out on Daily Sign -In Sheet • Have one sign -in sheet per WEX participant • Time cards and sign in sheets are collected at the same time. • Emphasize the dates on the schedule in the supervisor handbook. The time cards will be picked up over a two -day period. Most time cards will be picked up on the first day of the pick -up dates. • The participant will bring their first time card on the first day that they report to work. Participant will give time card to supervisor. When the case managers come to pick -up the time card they will bring a new one for the next pay period. Emphasize the importance of keeping record of when the participants have worked in case a question comes up later in the program. b. Worksite Evaluation Form- is to be used as a guide to approve a worksite. • Complete form during appointment. Go through each question with the supervisor. Ask to see the area where the potential participants will work. WEX staff will evaluate each worksite for program compliance. Always complete all the required paperwork. Never immediately turn down a site. If you have any concerns about a worksite, discuss them with your supervisor before putting the site into the active or inactive files. C. Request Form- is used by worksites to provide the details of their job openings. • This must be filled out completely, accurately and neatly. This form is to be used by the case managers to place participants into jobs. Therefore, the information here must detail the t e of job, as well as qny requirements that maybe expected of the participants. • A separate request form must be filled out for each position. Example: Some sites will have clerical and custodial positions. There may be jobs in different departments or with different supervisors. • A detailed job description must be provided. (Attach additional information) • Original form must be kept in file. Additional copies may be provided upon request. d. Agency Worksite Agreement- is the formal agreement between the worksite and the City of Santa Ana. Completely review the entire contract with employers. Employers must sign on the last page of agreement after they completely understand and agree to comply with program guidelines. Keep all signed original copies of the agreement, supervisors are to keep a copy for their records. EXHIBIT A 25D -219 6. ADA Evaluation and Certificate • Form is to be during the worksite appointment. • Once certification process is completed, have the contact person for the worksite sign ADA Certificate. • Keep the white original copy of the ADA Accessibility Survey and ADA Certificate. 7. Workers Compensation • Inform the supervisor that the City of Santa Ana has its own workers' compensation program. • Review these sheets with the supervisors. Also, take extra copies of the form; It must be posted in their office. EXHIBIT A 25D -220 YSPN MEMBER PERFORMANCE PLAN 2012 -2013 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 75% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER- DECEMBER 31, 2012) #.of Enrollments. Quarter Estimated Expenditures per Quarter per Quarter 1St 15 $42,500 2" (75% Enrollmeht.Requiredj 05 $42,500 3rd 0 $42,500 th 4 $42,500 TOTAL 20 $170,000 ,.%w1:�ni� w, � �uu, �w 1 vuvvvz,w F1 Attainment of Degree or Certificate. (by Exit or;by 3rd Quarter Follow -U 20 x 61% = 12 Improved °Literacy OR Numeracy ?, 20 x 40% = 8 10 WIA ELEMENTS (nark ari "X11 next to'the elements provided in your program) 1. Tutoring, study skills training, and Instruction, 6. Leadership development opportunities, which may include leading to completion of secondary school, including community service and peer- centered activities encouraging dropout prevention strategies x responsibility and other positive social behaviors during non- _ - school hours, as appropriate; 2. Alternative secondary school services, as 7. Supportive Services (e.g. tools, books, clothing, etc.); appropriate; x 3. Summer employment opportunities that are directly 8. Adult Mentoring for the period of participation and a linked to academic and occupational learning (this x subsequent period, for a total of not less than 12 months; element cannot be offered as a stand -alone activity); X 4. As appropriate, paid and unpaid work experiences, 9. Follow -up services for minimum of 12 months after the including internships and job shadowing; x com letion of participation as appropriate; and x 5. Occupational skill training, as appropriate; 10. Comprehensive guidance and counseling, which may include x drug and alcohol abuse counseling and referral, as appropriate. EXHIBIT B 25D -221 COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C 25D -222 Table of Contents {. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights. 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complain B. Criminal Complaints, R II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERMS 2 EXHIBIT C 2501-223 Ill Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title 1X of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. EXHIBIT C 25D -224 Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 EXHIBIT C 25D -225 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: 5 EXHIBIT C 25D -226 Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA EXHIBIT C 25D -227 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C 25D -228 A "participant ", within the meaning of these procedures, is an individual who receives employment - training services under a program funded by Santa Ana LWIA, The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient /hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. M. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; 8 EXHIBIT C 25D -229 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 EXHIBIT C 25D -230 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 EXHIBIT C 25D -231 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/she so desires. Other he/she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing 11 EXHIBIT C 25D -232 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures, Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed, 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600, IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein, sz EXHIBIT C 25D -233 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 EXHIBIT C 25D -234 hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written. arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 EXHIBIT C 25D -235 D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 EXHIBIT C 2501-236 PROCEED`URES FOR ' HANDLING NON - CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWIAs Informal Resolution Process 0 Unsatisfactory Decision or LWIA Decision not issued within 60 days 0 Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel 0 Appeal to DOL 16 EXHIBIT C 25D -237 w 0 Z) 0 I a Q a 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 17 EXHIBIT C 1 196i 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. is EXHIBIT C 25D -239 PROCEDURES FOR HANDLING HANDICAP COMPLAINTS No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA k Day 1 I Informal Resolution 0 If no resolution reached a Request for Hearing Notice of Hearing Hearing Conducted I I Day 145 Day LWIA Decision Unsatisfactory Decision or No Decision o State Review I Governor's Decision I Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C 25D -240 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT -- A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 EXHIBIT C 25D -241 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post- termination services) funded under the Act, following intake, except for an individual who receives only outreach and /or intake and assessment services. 2s EXHIBIT C 25D -242 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, 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 subawards at all tiers (including agreements) and that all subrecipients 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 31 U.S.C. 1352. 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. Santa Ana WORK Center STEM Grantee /Contractor Organizati ,- � Signature Linda Oberman Name of Certifying Official Signature Date Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S, Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act, CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S, Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E 25D -244 employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f), B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. May 16 2013 Date EXHIBIT E 25D -245 Program Operator Signature STEM Youth Program (Santa Ana WORK Center/ City of Santa Ana) DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Linda A. Oberman Name of Contractor: STEM Youth Program (Santa Ana WORK Center) Contractor Number: Date: 5/16/13 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 1000 E. Santa Ana Blvd. Suite 200 Santa Ana CA 92701 EXHIBIT E 25D -246 Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160 - 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. 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 paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. City of Santa Ana WORK Center Grantee /Contractor Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee Date � I �, ., Total Benefits: $3,290.00 $3,290.00 $41,161.00 Total Personnel Salaries & Benefits $0.00 $55,940.00 $55,940.00 $150,521.00 OperatingiExpenses Rent Budget Form $3,825.00 Utilities Administrative Total Total WIA Phones Cost (Not to Program Cost Match /In Kind Internet Fees Exceed 10 %) Cost $0.00 Persannet Sala $0.00 1 Workforce Specialist III - .3 FTE $0.00 $23,767.00 2 Administrative Aide (PT) -1 FTE $52,650.00 $52,650.00 $0.00 3 Workforce Specialist II - 1 FTE $0.00 $70,757.00 4 Sr. Office Assistant - .25 FTE $865.00 $0.00 $14,836.00 Total Salaries: $52,650.00 $52,650.00 $109,360.00 Personnel,Benef'�ts: , $0.00 1 Workforce Specialist III - .3 FTE $4,370.00 $0.00 $10,718.00 2 Administrative Aide (PT) -1 FTE $3,290.00 $3,290.00 $0.00 3 Workforce Specialist II -1 FTE $500.00 $0.00 $25,532.00 4 Sr. Office Assistant - .25 FTE $0.00 $4,911.00 Total Benefits: $3,290.00 $3,290.00 $41,161.00 Total Personnel Salaries & Benefits $0.00 $55,940.00 $55,940.00 $150,521.00 OperatingiExpenses Rent $3,825.00 $3,825.00 Utilities $0.00 Phones $1,000.00 $1,000.00 Internet Fees $0.00 Parking Fees $0.00 IS Strategic Plan $0.00 $3,350.00 IT Maintenance $0.00 $90.00 Insurance $0.00 $5,530.00 Equipment rental fees* $865.00 $865.00 Equipment rental fees* $0.00 Vehicle lease* $0.00 Office expenses (consumables) $4,370.00 $4,370.00 $235.00 Accounting Services $0.00 Legal Services $500.00 $500.00 Auditing Services $0.00 Indirect Cost* $3,195.00 $3,195.00 $7,239.63 Staff Training $0.00 $1,000.00 ROP $25,000.00 $25,000.00 Participant Wages* $40,800.00 $40,800.00 Participant Benefits $3,525.00 $3,525.00 Participant Incentives $8,000.00 $8,000.00 Supportive Services* $21,980.00 $21,980.00 Participant Assessment $0.00 Youth Conferences $1,000.00 $1,000.00 Total Operating Expenses $0.00 $114,060.00 $114,060.00 $17,444.63 GRAND TOTAL (Personnel +operating) $0.00 $170,000.00 $170,000.00 $167,965.63 EXHIBIT G i �i Budget Narrative Personnel: Administrative Aide — 1 FTE — this position will be the case manager for the program. The case manager will recruit youth participants, determine initial eligibility, oversee the Work Experience (WEX) program, collaborate with ROP on the certification program and will mentor the participants throughout the program. Workforce Specialist III - .3 FTE (in kind) — this position will oversee the STEM program and assist in mentoring the youth on a monthly basis. Workforce Specialist II - 1 FTE (in kind) — this position will be the job developer for the WEX portion of the STEM program. The job developer will work with the business community to establish work experience positions within the STEM career path. The job developer will assist the case manager in placing the participants in appropriate work environments. Senior Office Assistant - .25 FTE (in kind) — the Sr. Office Assistant will assist with client phone calls, answering youth participant questions, assist with mail -outs, meeting preparation, and assist with the overall operations of the STEM program. Benefits: All STEM staff are employees of the City of Santa Ana. Benefits are based on rates charged by the city. Rates are calculated as a percentage of salary with the exception of health benefits which are charged based on each individual's health plan. Rates for the Administrative Aide — I FTE — are as follows: Deferred Compensation (in place of Social Security) — 3.75% Medicare — 1.45% Workers Compensation — 1.04% In -kind rates for the Workforce Specialist III - .3 FTE, Workforce Specialist II - .3 FTE, and Sr. Office Assistant - .25 FTE are as follows. Health insurance ranges from $1,861 per year to $5,346 per year. Retirement — Employer portion — 8.349% Medicare — 1.45% Retiree Medical — I% Workers Compensation — 1.04% Health Insurance - $5,346 OperatinE Expenses RentlUser Fee: The User Fee is based on actual square footage for the Administrative Aide and is charged at $2.05 per square foot. Phones: The phone charge is based on $83 per month and includes usage charges as well as equipment charges. EXHIBIT G 25D -249 IT Maintenance and Strategic Plan: (In kind) Computer and internet services are maintained by the IT division of the City of Santa Ana. The fee is based on the charges assessed by the City to the Santa Ana WORK Center. Insurance: (In kind) Insurance is provided by the City of Santa Ana and is based on the rate assessed by the City to the Santa Ana WORK Center. Equipment Rental Fees: the equipment rental fee covers the partial cost of a car provided by the City of Santa Ana and includes maintenance and gas. Office Expenses: Office expenses cover the cost of office supplies including but not limited to paper, pencils, folders, pens, duplicating costs and postage. All supplies are purchased under the City of Santa Ana's purchasing agreements. Postage is charged by the City of Santa Ana's Reprographics Division based on actual usage. Included in Office Expenses is a $2,300 budget for Retail Certifications which will be offered to the STEM participants. The certification tests will be proctored by City staff and administered on -line. Legal Services: Legal services cover the salary and benefits of the Assistant City Attorney who will prepare MOUs and agreements as needed. Indirect Cost: (In Kind) An indirect cost rate of 6.06% based on salaries is charged by the City of Santa Ana. Staff Training: (In kind) Each year staff attends the California Workforce Association's Youth Conference held in the Orange county or Long Beach area. This conference provides staff with current information on youth programs, legislation and best practices as well as networking with other youth program providers. SAUSD /Career Technical Education Partnership: This charge represents the contract amount to be charged by CTE -ROP to provide the Customer Service Academy. Participant Wages: The Work Experience program will take place over a 12 week period with participants working 20 hours per week at a rate of $8.50 per hour. It is anticipated that 20 participants will be placed in the Work Experience component. Time cards and sign -in sheets will be provided to each participant. Completed time cards and sheets are to be returned to the STEM staff signed by each participant and their supervisor. See attached samples. Participant Benefits: Benefits for the Work Experience program are as follows and are based on a percentage of the participant's wages: Deferred Compensation (in place of Social Security) — 3.75% Medicare — 1.45% Workers Compensation — 3.44% Participant Incentives: Each participant will be eligible to receive a maximum of $400 in incentives for completing various goals throughout the program. The incentives and goals are shown on page 8. EXHIBIT G 25D -250 Supportive Services: Supportive services include but are not limited to bus passes, gas cards, clothing, tools, and books. These services are based on individual needs and may or may not be provided to all participants. Youth Conference: Each year the California Workforce Association hosts a Youth Conference which provides staff and participants with current information on youth programs throughout the state. It also provides participants with the opportunity to experience networking and workshops that expand their visions and goals beyond the boundaries of Santa Ana. EXHIBIT G 25D -251 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. ® I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. ® We are not currently on any Federal, State of California, or local Debarment list. ® We will provide records to show that we are fiscally solvent, if needed. ® We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. ® We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: ® Records accurately reflect actual performance. ® Maintain record confidentiality, as required. ® Reporting financial, participant, and performance data, as required. ® Comply with State and Federal fiscal and program activity audits. ® Complying with Federal and State non - discrimination provisions. ® Meeting requirements of Section 504 of the Rehabilitation Act of 1973. ® Meeting requirements of the American's with Disabilities Act of 1990 ® Meeting all applicable labor law, including Child Labor Law standards. ® Agree to provide a drug free workplace. ® Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. ® Agree to provide all participants with Grievance Procedures. ® Agree to insure proposer's employees through Workers Compensation Insurance (including part -time employees) ® Procurement policies and procedures are in place and meet federal guidelines. ® Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 We will not: ®Place a youth in a position that will displace a current employee. ®Use WIA money to assist, promote, or deter union organizing. ®Use funds to employ or train of persons in sectarian activities. ®Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. ®Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ®Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. ®Use WIA money under this contract to purchase any equipment. assure that all of the bove are true. 011A,r i Economic Development Manager Name Title Date ^t ! I Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 1St day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Orange County Conservation Corps a non - profit corporation ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: i. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "lixbibit B ", attached hereto and by this reference 25D -253 Page 1 of 15 incorporated herein. CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities fimded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. 1. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the perfonnance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25D -254 Paget of 15 CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within. 20 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice /Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and 25D -255 Page 3of15 attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. 0. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97, P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated fluids may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. 25D -256 Page 4 of 15 R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all 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 Section 5200) of Part 5 of Division 9 of the state Family Code; and, 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 Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the .lobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $250,000 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. 25D-257 Page 5 of 15 III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2013 and all duties arising under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, Contractor agree to implement and 25D -258 Page 6 of 15 shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs wider this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased wider this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this 25D -259 Page 7 of 15 Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. 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, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes; (a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. 25D -260 Page 8 of 15 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 25D -261 Page 9 of 15 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will 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 CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the form as Exhibit I, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self - insurance. 25D -262 Page 10 of 15 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance, 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the tern of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Cover. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR Linder this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. 25D -263 Page II of 15 XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and finds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. 25D-264 Page 12 of 15 XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with C.ITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 25D -265 Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERIC: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza. (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Orange County Conservation Corps 1853 N. Raymond Avenue, Anaheim, CA 92801 Phone: (714) 956 -6222 Fax: (714) 956 -1944 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -266 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. CITY OF SANTA ANA, a municipal corporation of the State of California ATTEST: "CITY" By: Maria D. Huizar Kevin O'Rourke Clerk of the Council Interim City Manager APPROVED AS TO FORM: Orange County Conservation Corps Sonia R. Carvalho "CONTRACTOR" City Attorney BY: BY: Lisa E. Storck Name: Katharyn Bandoni Assistant City Attorney Title: Executive Director Tax ID #: 33- 056381 25D-267 Page 15 of 15 PROPOSER APPLICATION Agency Legal Name Orange County Conservation Corps Agency DBA J Program Name x Program Address 1853 N. Raymond Ave., Anaheim, California 92801 Corporate Office Address 810,000 Contact Person & Title Katharyn Bandon!, Chief Executive Officer Email kbandoni @hireyouth.org Telephone # 714 956 6222 Fax # 714 9561944 Federal ID Number 33- 056381 AGENCY STATUS Public Non - Profit Cal Recycle Corporation J I Private Non-Profit x Years in Operation? 20 years Private for Profit 810,000 Government 7:00 -5:00 Other 8:00- 12:00 PRIMARY FUNDING SOURCES Funding Source Cal Recycle Grants Proposition 84 Fee for Service Amount 2,189,331 1,600,000 829,351 810,000 HOURS OF OPERATION AND DAYS Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Hours 7:00 -5:00 7:00 -5:00 7:00 -5:00 7:00 -5:00 8:00- 12:00 None None TARGET POPULATION Older Youth x Younger Youth I x I Out -of- School x In- School # of Youth to be Served in 2013 -2014 20 Total WIA Funds $200,000 Requested In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the agency named above. Chief Executive Officer Signature Title EXHIBIT A 25D -268 Date Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 YOUTH WORKFORCE INVESTMENT ACT PROPOSAL 2013 -2014 I. Executive Summary A. Briefly describe your agency, the proposed program, proposed contract amount, youth enrollment goal, and youth population group. A. Briefly Describe your organization: The Orange County Conservation Corps is a nonprofit, certified local conservation corps, one of 13 certified local conservation corps in California. As a certified local conservation corps, the Orange County Conservation Corps operates under the California Public Resources Code which mandates several program components, including paid work experience, job training, education, life skills and pre - employment training. The Corps must maintain its certification each year through an annual certification review. The proposed program: The Orange County Conservation Corps' proposed program design will combine work and school in a structured, supervised, forty -two (42) hour work /school week. In the community: WIA participants will be involved with community based work projects; paid work experience; educational field trips; work related field trainings; participation in community events and youth oriented groups, meetings, and events. Direct Classroom Based Instruction: Orange County Conservation Corps' Charter School will provide high school diploma instruction; vocational and occupational skills training; life skills, pre - employment skills, etc. The proposed contract amount: $200,000 The youth enrollment goal: 20 Out -of- School youth primarily between the ages of 18 -21 The youth population group: Out -of- School Santa Ana WIA eligible youth with the legal right to work; are low- income; a high school dropout; or, a high school graduate /GED recipient that is basic skills deficient, or is unemployed or underemployed. At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. II. Experience /Qualifications A. Briefly describe your agency and past experience with youth programs. The Orange County Conservation Corps has incorporated a variety of best practices from various state and national models for youth and workforce development to serve this population. The Corps' basic program design has been in place since 1995 and has expanded and enhanced its WIA program services since the inception of WIA funding in 1998. The OCCC's program design provides comprehensive and coordinated activities for at -risk youth to meet and exceed planned expected outcomes in literacy and numeracy gains, attainment of a degree or certificate and placement in employment or post- secondary education. EXHIBIT A �� J Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 B. What kind of impact has your services made to the youth in the community? The Orange County Conservation Corps will enroll the neediest at -risk youth as designated by the Santa Ana Youth Council, those who need to learn how to work and _go to school, The Corps is a six to twelve month comprehensive program with various components and strategies designed to guide and support youth into being employable, trainable, self - sufficient adults. The program's support services and paid work experience help the youth to stabilize their lives and help them deal with the many issues they face on a daily basis so they can first maintain their employment and education program. Once the youth become stable and are able to maintain employment and education, they will continue to be assisted in furthering their education, improving their work skills, and seeking better employment post- corps, leading to a life of self- sufficiency. C. Indicate average annual operating budget and sources of revenue. The annual operating budget for the Orange County Conservation Corps is: 6.9 million D. Will the program dedicate a full -time case manager? YES E. Discuss the current full -time and part -time employees and their experience. Identify the specific employees dedicated to this proposed program. Please elaborate the qualifications of the case manager that will work directly with the youth participants. (Highly encourage that the program dedicate a full -time case manager to the program.) The Case Manager to be assigned to the 2013 -2014 Santa Ana Youth grant is the same individual who has been working with Santa Ana youth for the past four years. Prior to working as a Case Manager assigned to Santa Ana, he served as a Supervisor for the Orange County Conservation Corps. His empathy and understanding has been a tribute to the success of the Santa Ana Youth program operated by OCCC. III. State the Problem A. Describe the problem that you are trying to address. There is a need for a long term holistic approach to working with youth to assist them in overcoming the multiple barriers that most at -risk youth have in their lives. Without a holistic approach, youth may complete a short term training course, earn a valuable certificate to get a job, but not be able to maintain that job due to their inability to deal with personal issues that cause them to have poor attendance and /or not be productive in the workplace. While short term training programs and workshops have a place in youth and workforce development, a more long term, holistic approach is needed by many, and especially the neediest, youth to ensure that they have the time and support to overcome the multiple barriers they face to becoming lifelong learners, trainable, employable, and self- sufficient members of society. IV. Barriers A. Identify the population group that you will serve (foster youth, probation youth, youth with disabilities, etc.). EXIIIBU A 2501-270 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 2013/2014 The Orange County Conservation Corps primarily enrolls, trains, and employs the hardest - to -reach and neediest segment of our youth population. These are the 18 -25 year old out -of- school youth who are primarily high school dropouts, the youth who are or have been homeless and /or runaways, the youth in foster care, the youth who are court involved, and the youth who have had incarcerated parents. They are the youth that fit the description of "at- greater- risk" as defined by the Office of Juvenile Justice and Delinquency Prevention. B. Of the youth that your agency will serve, what barriers do they typically face? (Examples: basic life necessities, homelessness, hygiene, high school dropouts, transportation, poverty, gang affiliation, education, substance abuse, etc.). • Average age of those enrolled is 20.0 years 0 81% have not completed high school at the time of entry • 95% live within the Orange County boundaries • 65% are or have been court- involved, including on probation /parole • 26% are parents 0 13% are or have been in foster care • 30% are or have been gang - affiliated a 41% had incarcerated parents during childhood years V. State the Solution A. Please elaborate on how your agency will solve the problem and barriers? Corps Members may remain at the Orange County Conservation Corps for up to two years to earn... learn... and serve. This gives Corps Members the time necessary to develop the skills to enter the workforce; and the OCCC program provides an opportunity for Corps Members to earn a living through paid work experience, learn job skills and further their education, while they serve their community by completing work projects. VI. Proposed Program A. Describe the program, indicate the number of youth that will be served and identify if the program will serve foster youth, youth with disabilities, and youth on probation? The Orange County Conservation Program is a transitional work /school program that combines work and school daily in a structured, supervised program, inclusive of the following program components: • Provide jobs for foster youth, youth with disabilities and youth on probation and who are Older and /or Out -of- School WIA eligible youth and are Santa Ana residents; Meet /exceed the WIA outcomes for entered employment or education, credential attainment, and skill gains as outlined by the Santa Ana Youth Council; EXHIBIT A 25D -271 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 • Youth who are unemployed and out of school will be enrolled into the Orange County Conservation Corps' Charter School to earn their high school diploma; • Provide "soft" and "hard" occupational skills training needed to complete Orange County Conservation Corps' work projects (i.e. evasive species removal, reforestation, irrigation, construction, recycling, water conservation, landscaping, fuel load reduction); • Provide paid work experience, trainings, and certificates to develop and /or improve their resumes for future employment; • Develop and maintain a portfolio that highlights their work /school /credential accomplishments to use in seeking employment post- program; • Improve basic skills and improve at least at least two grade levels on a standardized tests (i.e., STAR, TARE); • Practice and prepare to pass the CA High School Exit Exam; • Earn scholarships for post- secondary instruction; • Develop leadership skills through various crew based and individual trainings; • Transition successfully from the Corps' program into employment and /or post- secondary education; • Complete work projects that benefit our local communities and instill a sense of community service and pride in their communities. B. Specify how the target groups will be recruited and describe your recruitment plan to fulfill the enrollment goals. WIA requires that 75% of youth be enrolled by the 15t quarter of the program and 100% enrollment be reached by the 2 "d quarter of the program. The outreach and recruitment plan for this program will target youth most in need and will be recruited through the following: • Outreach to local organizations such as Boy & Girls Club, YMCA • Local school districts and alternative schools • County alternative schools • Probation officers • Youth and Family Resource Center • Word -of -mouth • Job fairs /presentations • California Department of Rehabilitation • Foster youth service providers • Homeless service providers • Social services agencies EXHIBIT A 25D -272 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 In addition to the normal recruitment strategies of job fairs, partner networks, and presentations to and referrals from local groups and organizations, the OCCC will employ "street outreach" to recruit the WIA participants. Street outreach entails handing out flyers with the Corp's toll -free telephone number (888.641.2677) and website address (www.hireyouth.org); and interacting with youth where youth "hang out" in parks, malls, food courts, week -end community events, and even walking local neighborhoods. Historically the Corp's most effective recruitment strategy has been referrals from former and current Corps Members, their family, and friends, as well as through OCCC Facebook page, Constant Contact, advertisements in such periodicals as the PennySaver and Craigslist. C. Will your agency provide paid work experience? If so, please describe and Include the Paid Work Experience Policy with this proposal. As a part of their training, Corps Members are placed in on -the -job training, and they are paid for the work they do. These paid work experience placements have been developed by the Corps to assist local cities, county agencies, and other nonprofit agencies with their conservation needs. The Orange County Conservation Corp work projects are environmentally - driven and benefit the community. Funding for these work projects are provided through the California Department of Resources Recycling and Recovery Division of Recycling, National Emergency Grants, as well as individual and corporate contributions, contracts with the Orange County, Anaheim and Santa Ana WIBs, and fee -for- service projects such as the Irvine Recycling Center. The Orange County Conservation Corp serves as the employer of record and has years of experience handling the payroll for the Corps Members. Paid work experience is a major component of Orange County Conservation Corps; and the funding agencies require accurate accounting for all expenditures as well as documentation of skill achievement. On -the -job training allows the Corps Members to earn an income and at the same time they are trained in new work skills, develop a work ethic, learn responsibility and demonstrate leadership skills D. How will your agency address the barriers that the youth face? WIA Corps Members barriers will be addressed through Case Management, counseling /guidance and supportive services such as referrals for legal, medical, substance abuse, health, housing, family /personal guidance and counseling; assistance with tools, books, clothing, other items needed for interviews, job requirements, advanced training, bus passes, and gas cards. E. What is the length of your program? How much time will a youth need to be in the program to get the full benefits? How often will a participant interact with a case manager? EXHIBIT A 25D -273 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 The Orange County Conservation Corps' program is an open entry, open exit program; youth may be recruited and enter the program at any time; and they may also exit the program at anytime based on individual needs, accomplishments, and abilities. Youth may work for the Corps for a maximum of 24 months as long as they receive satisfactory work /school evaluations and are making progress towards completing individual work and education goals. All program components are ongoing and available on a year round basis. Specialized trainings and workshops are offered at least quarterly. Any youth who stays with the Corps for six months will be able to participate in the full array of services and programs offered by the Orange County Conservation Corps. Corps Members are scheduled to work eight hours per day Monday through Thursday. Orange County Conservation Corps' charter school classes are scheduled daily for (1 %) hours after work Monday through Thursday and (4) hours on Friday. Week -end or evening activities and events are scheduled as needed. These activities or events offer opportunities to volunteer and /or work in the community. VII. Training A. What type(s) of training will be made available to youth? List the titles of the training certificates. The Orange County Conservation Corps will provide the WIA Corps Members with hard skills (on the job training, certifications, etc.) and soft skills (responsibility, discipline, punctuality, uniform standards, etc.) which lead to job retention. The WIA Corps Members will be exposed to presentations, workshops, and fieldtrips to assist them in developing career paths. The Corps -2- Career Specialist will work individually with the WIA Corps Members to develop personalized goals (post- secondary education, job placement, and career development) that lead them to self- sufficiency. WIA Corps Members research jobs on O *NET to obtain expected job growth, wages and educational requirements. Subsequently, depending on the training that is needed, Corps Members are referred to ROP, Community Colleges, Apprenticeship Programs and Technical Schools. Additionally, presenters are scheduled from a variety of high - demand industries including green jobs, medical careers, etc B. What occupations will the training lead to? Are those occupations in demand? Please elaborate. Orange County Conservation Corps and Orange County Corps' charter school will provide high school diploma instruction; vocational and occupational skills training; life skills, pre- employment skills, etc; specialized trainings (CPR /First Aid, Forklift, Chainsaw certification, etc.); safety demonstrations, leadership development, support services and educational topics (health, substance abuse, financial literacy, etc.); and instill the participants with a sense of community service and pride. EXHIBIT A 25D -274 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Specific Labor Markets include Green Building Operations, Solar Panel installation, and Water Treatment. All training will be designed to address those occupations which are in demand to help assure the successful employment of the WIA youth. C. How will the training assist youth in obtaining employment? Training will assist youth in obtaining employment because the youth will learn how to work and go the school. As a result of the Corps' six to twelve month comprehensive program, support services and paid work experience, youth will be able to stabilize their lives and lean how to deal with the many issues they face on a daily basis. Once the youth become stable and are able to maintain employment and education, they will continue to be assisted in furthering their education, improving their work skills, and seeking better employment post- corps, leading to a life of self - sufficiency. D. What employers recognize the certificate(s)? All employers will recognize the high school diploma earned through attendance at the Orange County Conservation Corps' charter school, certificate of completion for work experience, work experience employers evaluation of youths' performance, and other certificates earned via ROP's, community colleges, and other training institutions where youth are placed for training specific work. In addition, we offer our youth State and nationally recognized certification in NFR customer service, CPR /First Aid, Forklift, Chainsaw, etc. The Corps will also use a standardized TABE test to determine basic math and reading skill levels. All WIA participants enrolled into the Conservation Corps' Charter School will be prepared to take the California High School Exit Exam (CAHSEE). Vill. Tutoring /Mentoring /Support A. What type of tutoring resources will be made available to help improve youth's literacy /numeracy skills? The Orange County Conservation Corps' charter school teachers will interact with WIA Corps Members on a daily basis as they attend class five days a week, Monday - Friday. Week -end work /school activities will be scheduled as needed and appropriate. The WIA Program Specialist (case manager) will meet weekly /daily to monitor the participant's progress in meeting their Individual Service Strategy goals, and other work /school /personal issues that may arise. Other organizations such as social services, counseling centers, probation /parole, etc., may be providing outside support services as in -kind support for this proposal. Many WIA participants may come to the Corps already involved is such services while others may be referred. The Corps strongly believes in the All Youth, One System Concept which promotes networking with many outside entities to ensure all WIA Corps Members are linked to a variety of support services in the community. B. What type of mentoring will be made available to youth? EXHIBIT A 25D -275 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Orange County Conservation Corps staff members will meet daily with WIA Corps Members to deliver program components. Corps Members will be assigned to work in a crew which is supervised by one of the Corps' Crew Supervisors. The Crew Supervisor will work Monday- Thursday with WIA Corps Members to complete assigned work projects. Other Corps staff or interns meet with WIA Corps Members as needed for specialized trainings, workshops, or individualized follow up regarding work /school /personal issues that may arise. C. What type of services or support will be made available to youth facing challenging life obstacles such as: family dysfunctions, mental health issues, substance abuse, low self - esteem, etc. WIA Corps Members will be provided with supportive services such as referrals for legal, medical, substance abuse, health, housing, family /personal guidance and counseling; assistance with tools, books, clothing, other items needed for interviews, job requirements, advanced training, bus passes, and gas cards. To help maintain consistent attendance at work and school, gas cards and both daily and monthly bus passes are made available to Corps Members. Carpooling is also encouraged. IX. Employment A. What type of services /resources will be provided to help youth attain employment? What is the program plan to ensure that you attain employment? Employment services will be provided through the Corps -2- Career class which is designed to lead to occupations in high growth /high demand industries. WIA Corps Members will also have access to a full time Placement Specialist who will assist with the placement of WIA Corps Members after their work experience is completed. It is the intent of the Orange County Conservation Corps to assist B. What employers do you have partnerships with that will hire youth? The Orange County Conservation Corps has established partnerships with the following employers who are dedicated to hiring our youth; Goodwill of Orange County, Terra Pacific Waste Management, Mesa Cold Storage, Costco, Smart and Final Extra, Santa Ana Public Library, Irvine Children's Dentistry. In addition, we continuously seek out new partnerships and look to provide more opportunities for our participants. C. What employers do you have partnerships with that will provide work experience? All of the employers listed above plus: Live Scan Center of Anaheim, Santa Ana Work Center, Boys and Girls Club of Garden Grove, Mc Lure Insurance Brokerage, Santa Ana Public Library, Dr. Jaclynn Do, M.D. Black Cat Gallery, Dollar Tree, Irvine Children's Dentistry, Mi Pueblo Real Estate. EXHIBIT A 25D -276 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 D. What types of employment services will be provided to youth after exit that will assist youth with employment retention, overcome transportation issues, and become self- sufficient. All youth will be enrolled in the One Stop Center services and connected with job searching opportunities and workshops. To overcome transportation challenges and become more self - sufficient youth will be provided assistance in obtaining Driver Licenses. In addition, gas cards and bus passes will be made available to youth to help them with theirjob search. Youth will be eligible to use our existing resources for job searching, resume updating, and various workshops / trainings to help them achieve their goals. X. Post - Secondary Education A. What type of services will be provided to help youth enter post- secondary education such as college, apprenticeships, vocational training, etc.? What is the program plan to assist youth in entering post- secondary education? WIA Corps Members will obtain services from the Corps after they separate from the program as needed. These services include: • Support services; referrals for legal, medical, substance abuse, health, housing, family /personal guidance and counseling; help with tools, books, clothing, other items needed for interviews, job requirements, advanced training, etc. • Corps staff members serve as adults mentors • Access to the Corps' computer lab, fax, voice mail, and printer for resumes, applications, financial aid, job search, job retention, on -line services; • Transition assistance such as: Job placement / vocational certification / Education opportunities / school enrollment assistance & career guidance • College field trips and on campus visits from College representatives help guide youth to post- secondary education. • Americorps scholarship are available to enrolled participants. In FY 2011 -2012, the Orange County Conservation Corps awarded over $200,000 in Americoprs scholarships to assist youth in securing their post- secondary education. On a monthly basis, the WIA Program Specialist will maintain contact the WIA Corps Members via phone, email, or home visits. As needed, Program Specialist schedules appointments to meet WIA Participants at the Corps' offices, One -Stop centers, and schools, or at any referral locations where services will be provided. B. Will the program expose youth to various post - secondary educational institutions (colleges, universities, vocational training schools, apprenticeships, etc.)? The Orange County Conservation Corps' Organizational Purpose is to empower youth and young adults to become self- sufficient members of their community. The Corps accomplishes this by exposing WIA Corps Members to programs that provide opportunities for educational, professional, and personal development and provide the necessary skills to develop and maintain a positive work ethic. The intent of exposure to various post- secondary educational institutions is EXHIBIT A 25D -277 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 to provide a lasting foundation to enable youth to enter the workforce and be successful, productive, members of society. XI. Common Measures (refer to page 12 of the RFP for definitions) A. Improve Literacy /Numeracy Skills (40 %) 1. How will your program ensure that youth who are basic skills deficient will improve their literacy /numeracy skills? What will the steps /schedule /timeline be to accomplish this goal? WIA Participants will meet daily with certificated teachers for a total of ten hours per week of in- class instruction and tutoring to deliver academic assistance to raise the skill level of basic skills deficient youth. The Orange County Conservation Corps' Charter School delivers its academic instruction knowing that most WIA Corps Members' basic academic skills are below the 81h grade. In addition to classroom based instruction, other assistance provided may be: field based, on- line, individual, small /large group, crew - based, using demonstrations, lectures, packets, guest speakers, and individual research 2. What other methods /assessments aside from the TABE test will be used to determine the improvement of the youth's literacy /numeracy skills? The Orange County Conservation Corps will utilize the following strategies and activities to determine improvement of the youth's literacy /numeracy skills: WIA satisfactory surveys; WIA Corps Member community meeting monthly; Work sponsor survey evaluation; Monthly internal monitoring days for full staff that relate to program evaluation, mission, planned, etc.; multiple program / grant site reviews and audits for program /grant compliance. B. Attain Employment or Enter Post - Secondary Education (65 %) 1. How will your program ensure that youth will attain employment or enter post- secondary education? WIA Corps Members will obtain services necessary to ensure that youth will attain employment or enter post- secondary education. Services include, but not limited to: • Support services; referrals for legal, medical, substance abuse, health, housing, family /personal guidance and counseling; help with tools, books, clothing, other items needed for interviews, job requirements, advanced training, etc. • Corps staff members serve as adults mentors • Access to the Corps' computer lab, fax, voice mail, and printer for resumes, applications, financial aid, job search, job retention, on -line services; • Transition assistance such as: Job placement / vocational certification / Education opportunities / school enrollment assistance & career guidance 2. Describe the steps /schedule /timeline that will take place to accomplish this goal. EXHIBIT A 25D -278 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Pr. m Activity Duration Staff Responsible , Outreach /Recruitment Ongoing - open entry Orientation Specialist WIA Program Specialist Eligibility Ongoing WIA Program Specialist Intake Three -day Orientation Orientation Specialist as needed WIA Program Specialist Assessment /Enrollment WIA WIA Program Specialist Monitor benchmarks and attendance Ongoing Education Teacher Registrar Case Management Ongoing WIA Program Specialist Director of Programs Employment 24 months maximum Crew Supervisor Education Until diploma /certificate 4 Teachers, 1 Tutor Training 8 -13 weeks Corps -2- Career Specialist WIA Program Specialist Tutoring Ongoing Corps -2- Career Specialist 60 -day program completion C. Attain a Credential /Diploma /Certificate (61 %) 1. How will your program ensure that youth will attain a certificate /diploma /certificate? Based on the youth's individual service plan the participants goals are identified; and youth will then be enrolled into training appropriate services and programs leading to certificates of completion and. competency attainment 2. Describe the steps /schedule /timeline that will take place to accomplish this goal. Identify appropriate training courses, schedule enrollment and schedule timeline for the WIA training; education; work experience, and their anticipated for date of completion training. XII. Prior Outcomes A. If your agency was previously awarded a WIA contract please disclose your agency's past performance outcomes for the past 1 -2 years: EXHIBIT A 25D -279 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 .Common Measures 2010: 2011 Increased Literacy /Numeracy Skills 40% _3_ /_3_ = 100_% _16_/_21 =76 % Entered Employment or Post - Secondary 65% 2_ /_3_ _ _66 % _11_ /r19 = 57 % Attained Credential /Diploma /Certificate 61% 2_ /_2� = 100 % 13_ /_16� = 81% X1111. Facility A. Provide the address and major cross streets of the location where program services will be delivered. Provide the address of the program headquarters if different from the previous address. Orange County Conservation Corps Charter School Cross streets: Walnut and South Acacia in Fullerton 1548 E. Walnut Fullerton, CA 92831 (714) 956 -6222 Administrative Headquarters Cross Streets: Raymond and Kimberly in Anaheim 1853 Raymond Ave. Anaheim, CA 92801 Phone:(714) 956 -6222 E. Indicate hours of operation for the youth program facility. The Orange County Conservation Corps offices are open Monday— Thursday from 7:00 am to 5:00 pm and Friday from 8:00 am to noon. Additional week -end and evening hours to be arranged depending on individual participant needs, scheduled events, and activities. F. Describe what makes your facility youth friendly and suitable for the program. The facility is designed in a regular classroom setting with a certificated teacher assigned to each classroom. All classrooms are equipped with computers and internet access for Corps Member use. Pictures of Corps Member accomplishments and success boards are displayed throughout the facility. There is a case management office with five staff available to work with Corps Members one on one to provide support services needed. A resource area is designated in the facility for Corps Members to access medical, health, leadership council applications, and human resource information. A Corps Members feedback box is available for Corps Members to provide suggestions or request additional services EXHIBIT A W dKOO R Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312094 G. Majority of communication between the Provider and Navigator will be via email, will the facility have internet access for staff and youth? All staff members at the Orange County Conservation Corps have Internet access though a dedicated hi -speed data connection and maintain a computer lab for Corps Member use and training. The Orange County Conservation Corps uses several customized program /grant- specific databases (such as the Virtual One -Stop system), spreadsheets and internally developed forms and custom databases to track a wide variety of program and grant outcomes. H. The facility needs to be compliant with the Americans with Disability Act (ADA) of 1990, please answer complete the ADA /EEO Survey, see Attachment H. The Orange County Conservation Corps' facility is compliant with the Americans with Disability Act. XIV. fiscal Capacity (1 page maximum) A. Describe the process used to capture and report fiscal data. Orange County Conservation Corps uses two primary systems in capturing and reporting fiscal data. OCCC uses Novatime 3000 Enterprise to track staff and participants time. This system uses a biometric finger prints to clock in and out for participants and a dedicated identification number and password for staff to clock in and out on a daily basis. Payroll and operating expenses are then track by our dedicated Sage MIP fund accounting software. This funding will be assigned a unique fund number and are track separately from everything else. All expenditure are pre- planned and preauthorized by the respective responsible parties. Please see attached procurement policy for detailed procedure. Multiple check and balance processes are in place to ensure fiscal accountability and appropriate expenditures of planned costs. B. Attach a copy of the organization's procurement policies and procedures. See attached C. What systems are used to ensure fiscal accountability and appropriate expenditures, and planned costs? All expenditure are pre - planned and preauthorized by the respective responsible parties. Please see attached procurement policy for detailed procedure. Multiple check and balance processes are in place to ensure fiscal accountability and appropriate expenditures of planned costs. D. Describe invoicing process and list qualifications of staff assigned to task. Monthly invoices are generated by the Chief Financial Officer and reviewed and approved by the Chief Executive Officer to ensure appropriateness, within guideline and budgetary constraints. Using reports from Novatime 3000, Sage MIP and various supporting documents, the CFO prepares a formal invoice for submission. The CFO qualifications EXHIBIT A 25D -281 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 201312014 include a Bachelor of Science degree in Business Administration with an option in Accounting and a minor in Economics, he also holds a Master of Business Administration with an emphasis in Finance. E. Describe how agency's financial stability is not dependent on WIA funds. Orange County Conservation Corps current annual budget exceeds $6,000,000 and is well diversified. OCCC is very conservative with our finances. One of our overall agency goals is not to allow ourselves to rely on any single source of funding. Our finances have been very successful over the last few years, continuing to add to our surplus /contingency fund. Please see attached financial statements for additional details. F. Submit most recent 2 years of audited financial statements - See attached XV. Subcontracting A. Subcontracting client services /activities is not permissible under this contract. However, if planning to subcontract non - client services such as payroll services, lease of equipment, etc., then please identify the subcontractor and the estimated cost for the services. None of the duties or work to be performed by the Proposing Agency shall be subcontracted or assigned to any other agency, consultant, or person without the prior written consent of City. Proposing Agency must submit all subcontracts and other agreements that relate to this Proposal to City. No subcontract or assignment shall terminate or alter the legal obligations of proposed program. The Orange County Conservation Corps will not subcontract non - client services. All services will be provided by the Orange County Conservation Corps or by Orange County Conservation Corps partners as in -kind support. XVI. Budget Narrative - All below items: Please see attached Budget Narrative, Budget Form (attachment B), Paid Work Experience Policy, Youth Incentive Policy for details. A. Budget Narratives will be reviewed to ensure that cost is justified and reasonable for the activities /services proposed, applicant is not solely relying on WIA funds, and that the program is leveraging funds from other resources. B. Include a detailed narrative that outlines each line item listed on the Budget Form. C. Describe the costs that will be allocated to the program. D. Please indicate the percentage of the budget that will go directly to youth versus over - head /program costs. (Example: 70% of the budget will go directly to youth in form of paid work experience and training.) EXHIBIT A W dK96L Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 E. Provide and explain the pertinent documents /forms that will be used to track work experience compensation or participant incentives (i.e.: timecards, sign -in sheets, etc.). B. Please include the Paid Work Experience Policy if program will provide participants with paid work experience. If none, please explain why. C. Please include the Supportive Services Policy if the program will provide participants with supportive services. If none, please explain why. D. Please include the Incentive Policy if program will provide participants with incentives. if none, please explain why. XVII. Budget A. Use Budget Form (Attachment B) to outline the programs budget. Budgets will be reviewed for accuracy and completeness. All proposals will be reviewed for costs that are allowable under WIA, necessary, reasonable, and competitive, as measured by the review of the line item budget, the program design and the comparison to all other proposals. EXHIBIT A rV (^ L) z :Da a �= U> w rs,, uw Zv) <z ca o� d s C O cv A �, ti N N N N N N IN d' Q0 J N 00 N N LO N N N N N J U ;) U Z3., M a 3 0 M M d' Q Z Q N O CD d Q' O C O) m O Q m 0 W W W z z 0 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Paid Youth Work Experience Policy F,?mA 7285 ORANGE COUNTY CONSERVATION CORPS Orange County Conservation Corps Paid Youth Work Experience Policy Purpose: Earn... I..earn... Serve — Fools to Green the Future! To establish guidelines for the paid youth work experience of any grant program governed by W.I.A. regulations and to provide youth with meaningful work experience in order to assure the successful completion of our program. Background: This work experience will improve youth job skills and help youth develop a mature approach to working with other people. The goal is to provide a structured learning experience, which takes place in a workplace for a limited period of time and designed to provide specific behavioral skills appropriate for the workplace. Additionally, it promotes the development of professional work habits. Eligibility: 1. An individual must be WIA eligible and enrolled with the Orange County Conservation Corps (OCCC). 2. An individual must have a legal right to work in the United States and be able to furnish proof upon enrollment in the program. 3. As it is with all WIA services, provision of services is not an entitlement. Placements: 1. All participants will start at a minimum of $8.00 per hour and will be provided with the WC benefits. 2. All participants will work up to 32 hours per week. 3. All placements will be made based on the individual interests and plans developed with the Case Manager to support the youth in the career exploration and achievement of their goals. Placements will be available on OCCC crews and worksite partner organizations. Roles and Responsibilities: Case Manager is responsible for: a. Assessing and keeping record of youth's work experience needs and placements. b. Informing participant of the OCCC policies and formal procedures. c. In collaboration with the Corps -to- Career Specialist and other staff, referring youth to worksite placements. 1853 north raymond avenue I anaheim, california 92801 688.641.CORP 0677) 1 www,hireyout)i.org ORANGE C"C)UN.i..Y CONSE: RVA..,l...i(:�)N CORPS Earn... 1. earn... Serve:... Tools to Green the Futurel d. Meeting with supervisor and youth should on -site work related problems arise e. Providing counseling and picking up timecards. f. Monitoring worksite for compliance of job description duties and labor laws. Participant is responsible for: a. Providing necessary documentation to assess eligibility and maintain legal right to work throughout the duration of the program involvement. b. Following OCCC's and worksite's procedures and protocols. c. Respect and cooperate with the supervisor and fellow co- workers. d. Notifying supervisor in advance, if going to be absent or late. e. Discuss any problems that arise at the worksite with the supervisor and /or Case Manager. f. Perform at the very best of his/her ability. g. Report any incidents or accidence to the supervisor and /or Case Manager. Director of Programs is responsible for: h. Reviewing and approving all MOUs with external worksite partners. i. Reviewing and approving all placements. j. Reviewing and approving all terminations. 185:3 north rayrnond avenue I anaheim, califorr�3 92� 888.64- I.CORP (2.677) 1 www.hireyouth.org 21 7 ORANGE COUNTY CONSERVATION CORPS Corpsmember Job Description POSITION: A corpsmember works on various conservation and community service projects, and may be required to assist in disaster relief projects in the event of certain natural disasters such as floods, fires, or earthquakes. Under the direction of OCCC staff, a corpsmember learns the skills necessary to complete the projects while gaining valuable work experience. The position is initially for twelve months but may be renewed for an additional six months based on satisfactory performance. The OCCC has an education program consisting of classes in traditional academic subjects as well as independent living skills including making healthy lifestyle choices. Corpsmembers who are not high school graduates are required to pursue a study course leading to their high school diploma. Corpsmembers who are high school graduates will be required to complete a life skills curriculum and pursue higher education goals. Specific areas of employment work experience projects may include: ➢ Natural resource enhancement: Tree planting stream clearance, erosion control, timber stands improvement; trail construction, maintenance, and wildlife habitat improvement. ➢ Construction: Carpentry, plumbing, masonry, including framing, fence and rock wall construction. ➢ Maintenance: Renovation of structures, painting, repair, and remodeling of building both interior and exterior. ➢ Landscaping: Plant identification and propagation, planting, sprinklers, weed abatement irrigation installation, and nursery operations. ➢ Emergency Response: Clean -up assistance following fires, floods, oil spills, and earthquakes. ➢ Recycling: Develop recycling awareness skills, learn how to reduce, reuse, and recycle materials. Qualifications: There are 6 basic requirements for joining the OCCC: ➢ Applicants must be Orange County residents ➢ At least 18 but not over 25 years of age ➢ Legal right to work ➢ In good health ➢ Willing to work hard doing physical labor under sometimes difficult conditions ➢ Available to commit Monday- Thursday from 6:45am — 5:15pm, every other Friday 8am — 12pm. Personal qualities: A corpsmember must have: ➢ A desire to develop and maintain good physical fitness and stamina ➢ The ability to do heavy labor, including lifting minimum of 50lbs Must be willing to: ➢ Accept responsibility ➢ Be committed towards achieving education goals ➢ Develop good work habits ➢ Demonstrate punctuality and dependability ➢ Develop team building skills The Corpsmembers must: ➢ Work well with people of different racial and cultural backgrounds ➢ Conform to OCCC uniform and grooming standards ➢ Adhere to safe and professional work experiences practices Training: A corpsmember receives training in: Proper tool use Safe work practices Flood control method CPR Water safety Recycling techniques Chainsaw operation Fire suppression techniques Corpsmembers are encouraged to work towards a Crew Leader position. Those selected for these receive specialized leadership training. In addition, Crew Leaders may extend their contracts with the Orange County Conservation Corps. EQUAL EMPLOYMENT OPPORTUNITY 311112013 F2fiDa s s Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Supportive Service Policy 2 ,Qff209 ORANGE COUNTY S-9AICONSERVATION CORPS Earn... !.earn... Serve... Tools to (:green the Future' Orange County Conservation Corps Supportive Services Policy and Procedures Purpose: To establish guidelines for the issuance of support services to participants of any grant program governed by W.I.A. regulations, who are identified in need of such services, in order to assure the successful completion of our program. Reference: W.I.A. Regulations: 663.805: Support services may only be provided to individuals who are: a. Participating in core, intensive or training services. b. Unable to obtain supportive services through any other programs providing such services. c. When they are necessary to enable individuals to participate in the WIA program. Procedures: ELIGIBILITY: 1. To request and receive support services, an individual must be WIA eligible and enrolled with the Orange County Conservation Corps (OCCC). 2. Support Services will be made available to participants while they are in any facet of WIA services contingent upon need and approval. 3. As it is with all WIA services, provision of support services is not an entitlement. AVAILABILITY OF FUNDS AND ASSESSMENT OF NEED: 1. All Support Services not offered through OCCC are processed on a reimbursement basis. 2. Support services are delivered contingent upon availability of funds and given on a first come, first serve basis. 3. Initial assessment of need will be determined by the Case Manager. The assessment will be recorded on the Individual Service Strategy (ISS)/ My Action Plan (MAP) form and continuously reviewed on a monthly basis. 4. Support services are available to those participants who have no other way to meet needs and have expressed the need to the Case Manager. 1 €353 north rayn-iond avenue I anaheirn, cAiforrtia 92801 1 888.641.CORP (2677) i www.hiroyuuth.art1 ZIWAM 0 (: :31ZAN GE: C(XI I ]Y c. 0NISERVA"FIOh Earn... Learn— Serve... 'roc }Is to Green the Future! SUPPORT SERVICES PROCESSING 1. Case Manager is responsible for: a. Assessing and recording needed services on an ISS form. b. Informing participant of support service policy and the required documentation needed to justify services, c. Referring participant to other supportive services offered outside of OCCC's program. d. Reviewing and approving most reasonable estimates. e, Keeping a log of all supportive services received by each participant with a running total value. f. Filing copies of receipts for supportive services (when applicable) in the participants' files. g. Collecting and reviewing all invoices /statements for accuracy. h. Submitting check request to Director of Programs for approval. 2. Participant is responsible for: a. Procuring services referred by Case Manager and not provided through OCCC. b. Providing Case Manager with Invoice /statements for reimbursement. 3. Director of Programs is responsible for: a. Reviewing all Voluntary Deduction Agreements before submittal to the finance department and ensures that no deduction is submitted for an initial issuance to a grant funded participant. 4. Chief Executive Officer is responsible for: a. Reviewing and approving invoices /statements for payment. 5. Chief Financial Officer is responsible for: a, Verifying the availability of funds and notifying the Case Manager. b. Processing payment. Support Services: TRANSPORTATION SERVICES 1. Bus Passes a. Only one 30 -day bus pass will be issued per month. b. In the event the participant loses a bus pass, the participant will be charged for the cost of the replacement, except at the discretion of the Case Manager. 1853 north raymond avenue 1 arlaheirn, California 92801 1 888.641-CORP (2677) I www.hireyouth.rrg EUD -291 ORAINICE COUNTY CONSERVA --ION CORI S Farn... t.earn... Serve... Tools to Green the f'uturel c. Case Manager is responsible for issuing the bus pass and completing the information necessary on the bus pass log, the bus pass receipt form and the voluntary deduction agreement form if applicable. d. Copies of the bus pass receipt (and voluntary deduction agreement, if applicable) will be kept in the participant file. 2. Gas Card a. Only one gas card will be issued per month. b. In the event the participant loses a gas card, the participant will not receive a replacement. c. Case Manager is responsible for issuing gas card and completing the information necessary on the gas card log, the gas card receipt form. In order to receive a new gas card, proof of use for the old one must be presented. d. Copies of the gas card receipt will be kept in the participant file. CHILD CARE SERVICES: 1. Participant must be in need of child care for children under the age of 12. 2. An approved childcare provider can be licensed or non - licensed. Licensed childcare providers can be either licensed family day care homes or licensed childcare centers. Non - licensed can be a close adult relative or family friend whom is caring for the participant's child or children. 3. For licensed childcare providers, participant must provide the OCCC with their state license I.D number. 4. Three quotes are required before selection of a licensed child -care provider. The most reasonable bid will be accepted 5. For a non - licensed home care, participant must submit a copy of provider's social security card and picture I. D. Participant must also provide a receipt for services provided. 6. Participant must submit copies of birth certificates for all children being cared for. 7. Reimbursement will be made directly to the participant when all proper supportive documentation is received. S. Reimbursement for childcare services will be made on a monthly basis. The first payment will be made after the childcare service has been provided for one month. 9. No payment for childcare will be made to non - licensed providers for days which the participant has absences. 10. Holiday Pay —The OCCC observes 11 holidays per year. During this time the OCCC will not pay for childcare. If there is a conflicting holiday, the participant is responsible for child care. 11. Sick -Days — Payment will be paid to licensed childcare providers for up to 5 consecutive days when child is sick, A doctor's note will be required to verify the status of the child's health. If child is sick for a period longer than 5 consecutive days it is then the responsibility of the participant to notify the childcare provider and /or pay. 12. No payments for childcare will be made to licensed childcare providers, for days, which the participant has unexcused absences or is on suspension. The OCCC attendance policy and disciplinary procedure is defined in the OCCC corpsmembers handbook. 1853 r7arti7 rayntondvenuci ( an<ihein7, california 888.643.CORP (2177) www.hfireyout!i.arc� ORANC; E COUNITY (.:ONSERVATION CORPS Earn... Learn... Serve— Tools to Green tote Future! 13. Pay Rates — The Orange County Conservation Corps using WIA governed grant funding will pay rates based on the most recent Regional Market Rate Ceiling for California Childcare Providers issued by the California Department of Public Social Services. OTHER (i.e.; tools, uniforms, car repair) 1. Other miscellaneous expenses not covered above are included in the support services matrix below: SUPPORTIVE SERVICES MATRIX 1853 north raymond avenue j anaheim, california 92801 888,641.CORP (2677} I vvvvw.hireyouth.org 293 MAXIMUM SUPPORTIVE SERVICES POLICY AMOUNT An estimate is required for any repair. If an estimate is unavailable, a waiver is required. A number of AUTO REPAIRS $500.00 small repairs may be paid if supported with written justification but the cumulative cost may not exceed the maximum amount. Reimbursement for books that is essential to participant completing $400.00 college or vocational training courses. Courses must result in BOOKS Twice yearly, not to exceed credential attainment or employment maximum earnings gain. Request for reimbursement must be accompanied by an itemized receipt and written justification for request $200.00 Certificates must be state CERTIFICATES /LICENSES recognized and attained to become One time only employed. Will be based on the most Paid monthly directly to the provider. recent Regional Market Rate Three quotes required from licensed CHILD CARE Ceiling for California Childcare childcare provider. Maintain Providers issued by the documentation on California Department of Public attendance /progress in participant Social Services. file. CLOTHING /SHOES /UNIFORM $400.00 Written justification must be provided by an itemized receipt from a store 1853 north raymond avenue j anaheim, california 92801 888,641.CORP (2677} I vvvvw.hireyouth.org 293 0RANGE: t~(A_J'N..E..4' C._t_:)NSE RV,{ TION COIRPS Earn... [..earn... Serve... Tools to Green the I +UtWel 1853 north raymond avenue I anaheim, california 92801 1 888,641.CORP (2677) 1 wvvw,hireyoutli.org M,7�94 As needed, not to exceed such as one of the following: K -Mart, maximum Marshalls, Plus Size Woman, Ross, Sears, T.J. Maxx, Target, Kohl's, and Wal -Mart. W[A funds should be used as the last resort. The cumulative cost may not exceed the maximum. $30.00 Printout of California driving record if DMV PRINTOUT needed during documented job Two per year search as condition of employment. $675 broken down as follows: Drug Screening ($25) An estimate is required for any Eye Exam /Glasses or Contacts health service. If an estimate is ($200) unavailable, a waiver is required. HEALTH SERVICES Participant may receive more than Hearing Exam /Aid ($150) one health service if supported with written justification, but the Dentistry ($300) cumulative cost may not exceed the One time only except for drug maximum amount. screening as needed for employment. Written justification for TOOLS $300.00 - One time only reimbursement must be accompanied by an itemized receipt from store. TRANSPORTATION: MILEAGE /BUS PASSES /GAS per day. See Policy for See policy CARDS bus p bus passes. 1853 north raymond avenue I anaheim, california 92801 1 888,641.CORP (2677) 1 wvvw,hireyoutli.org M,7�94 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Youth Incentives Policy r,26D -295 �CCC r� ORANGE COUNTY CONSERVATION CORPS Orange County Conservation Corps Incentive Policy and Procedures Earn— I- earn... Starve... Tools to Green the Future! Incentive Policy Purpose The purpose of the Incentive Policy is to ensure Corpsmembers are encouraged to perform optimal as prescribed by OCCC and its funders. Incentive Policy Scope Incentives are done on a monthly basis and given out during our monthly community meeting. Each incentive will have its own requirements and procedure. All incentives are initiated by Program Specialist/Case Manager or Supervisor /Operation staff. Incentive Policy Procedures Incentives are done on a monthly basis. Please refer to incentive schedule and form for specific requirements. Generally, the following steps are taken to ensure incentives are initiated and process on a timely and correct manner: 1. Program Specialist/Case Manager /Operations – initiated the type of incentive a Corpsmember qualifies for. 2. Gather the necessary supporting documentation or verify the necessary information. 3. Complete the necessary categorized form. 4. Generate the associated certificate. 5. Seek verification for qualification. 6. Seek approval from department heads. 7. Fill out purchase request as necessary. 8. Submit to Accounting for processing. 9. Upon processing, a copy will go back to requester for filling. 10. 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IM a n+ m j • • ❑ j • • O • • • 0 m m ow m w oM > W N O 0 N x n. x 0 y n _ C M w 0 (: N- 0 - -0 . �_ m 3 _ 7 c N fD M O S7o N X1 c'9 @ fN n Z (D 3 m O 3 v O -u a v SM D ID a m < n m- Q z o m Q n n X1 m a 0< rn 69 c � CD o Sp Z g v°-, fp a �• w m n IM 0 0 °. v v a� f° x N M N 3 n• c :: C! 7C m m b o o y p ° N W n O O O ID O N CD ❑ a '1'I O. ,9 N n O cO N N n (D fa 90 c fD y N N a1 fD O 5. o CD 7C' CL En 0 29171 107 Q N �� LO w cm t9 O C O 3 CD w O n C, C CD T 0 r� Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 201312014 YSPN MEMBER PERFORMANCE PLAN 2013 -2014 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 75% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER - DECEMBER 31, 2012) Quarter # of Enrollments Estimated Expenditures per Quarter r a fk :per Quarter, 5 $ 51,363 2" (ZS% Enrollment, 15 $64,204 Require'd) 3` 5 $ 69,340 $ 71,908 641 ;: TOTAL s 25 PERFORMANCE GOALS /COMMON MEASURES *DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION r 5 lied Minimum #of h PerformanpeCatebcy e r bpi, 'P g,_ Rate youth to fulfill performance Pla`cemegt an 1?QSt Secondary Education. 25 x 65% = 16 (by "Ezif orbs` quarter. F61.6 Up) Attainment of Degree or Certificate (by, Exit or by 3rd Quarter Follow -Up) 25 x 61% = 15 Improved Literacy OR Numeracy 25 x 40% - 10 I l ow IA ELEMENTS WIA YOUTH POPULATION Youth pulation 1. Tutoring, study skills training, and instruction, Ages # of Youth to;be.Servad Ip= School leading to completion of secondary school, include community service and peer - centered Out -of- School including dropout prevention strategies 18 -21 25 TOTAL_:NUMPER OF'YOPTH TO`BE•SERVED 25 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 75% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER - DECEMBER 31, 2012) Quarter # of Enrollments Estimated Expenditures per Quarter r a fk :per Quarter, 5 $ 51,363 2" (ZS% Enrollment, 15 $64,204 Require'd) 3` 5 $ 69,340 $ 71,908 641 ;: TOTAL s 25 PERFORMANCE GOALS /COMMON MEASURES *DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION r 5 lied Minimum #of h PerformanpeCatebcy e r bpi, 'P g,_ Rate youth to fulfill performance Pla`cemegt an 1?QSt Secondary Education. 25 x 65% = 16 (by "Ezif orbs` quarter. F61.6 Up) Attainment of Degree or Certificate (by, Exit or by 3rd Quarter Follow -Up) 25 x 61% = 15 Improved Literacy OR Numeracy 25 x 40% - 10 I l ow IA ELEMENTS (mark an "x" next to the.eI9"_M hC�" provi« 4,In your program) 1. Tutoring, study skills training, and instruction, x 6. Leadership development opportunities, which may leading to completion of secondary school, include community service and peer - centered x including dropout prevention strategies activities encouraging responsibility and other positive social behaviors during non - school hours, as appropriate; x 2. Alternative secondary school services, as x 7. Supportive Services (e.g. tools, books, clothing, etc,); _ appropriate; 3. Summer employment opportunities that are x B. Adult Mentoring for the period of participation and x directly linked to academic and occupational a subsequent period, for a total of not less than 12 learning (this element cannot be offered as a months; _ stand -alone activity); 4. As appropriate, paid and unpaid work x 9. Follow -up services for minimum of 12 months after x experiences, including internships, job shadowing; the completion of participation as appropriate; and EXHIBIT B I 0-Ta'� COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints 6 11. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERMS z Abp -boo 20 I. Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement in carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 4 EXHIBIT C 25D -302 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No, 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b, Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: AbA03 Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "AEI information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA EXHIBIT C 25D -304 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. Y5, 6- 10 5 A "participant ", within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; A'U-iN d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 Ab'iU b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. Ab'-J08 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D, Record of Hearing 11 EXHIBIT C 25D -309 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana MIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. 12 EXHIBIT C 25D -310 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 nblji i hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 Ab'J12 D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 Ab'913 PROCEDUR E OR HANDLINQ,.. NON- CRIMTNAT. COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LW/As Informal Resolution Process 0 0 o Unsatisfactory Decision or LWIA Decision not issued within 60 days a Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 1s EXHIBIT C 25D -314 a C n Q C C 4 U w 0 0 4 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with. Anita Queen Sr. Personnel Analyst —EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWIA, 17 ABTJ,5 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 1s EXHIBIT C 2501-316 PROCEDURES FAR HAND]LI�VG :HANDICAP COMPLAINTS No later than 180 days of alleged discriminatlon Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA Informal Resolution o If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted LWIA Decision ' o 0 Unsatisfactory Decision or No Decision o a State Review Governor's Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C 25D -317 Day 1 Day 145 Day 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION -- In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 EXHIBIT C 25D -318 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post - termination services) funded under the Act, following intake, except for an individual who receives only outreach and /or intake and assessment services. 21 1%1 319 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 2013/2014 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, 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 subawards at all tiers (including agreements) and that all subrecipients 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 31 U.S.C. 1352. 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. Oranee County Conservation Corps Gran a /Contracto rganizaY ig ure Date Katharyn Bandoni Name of Certifying Official Signature w - ,R110] 34 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by; (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S, Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E 25D -321 employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. May 16, 2013 Date EXHIBIT E 25D -322 Program Operator Signature Orange County Conservation Corps DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Katharyn Bandoni Name of Contractor: Orange County Conservation Corps Contractor Number: Date: 5/16113 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 1853 N, Raymond Ave., Anaheim CA 92801 EXHIBIT E 25D -323 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. 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 paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Or e s rvaY Corp Gr tgg/Contractor Organization Katharyn Bandoni, Chief Executive Officer Name and Title of Official Authorized to Certify On Behalf of the Grantee Date 9; , � y� 33 Budget Form - Attachment B Santa Ana WIA Santa Ana Youth Council FYE14 ;A4 : cM OCCC Administrative Program Total WIA . , .... .:; - .. ::::i.:r•:a:a:r.:J.:..aa : i:i °.:r.:rr'. -: ^::....x:.- ..any -55nc :...a J:5[:.:aJ,a•sm- Y'4T•'eu:a`cY.i:� :a- a:•snxa.aa:_..�a_, tea. =.es::. -- _....r -.:. ism._.._ v _�:r �.i._._.... aL.._, L. -... 'mc,d.. c_ar..a :::::� _ _ _ ._i:�'...:._ :._ .. ^ -r aa_. ...- ou:r.: _ z: _ - • a p -- s sib'_ ...- " ..� _ nary _is.•'.: a i... :;:_• _._°. T_ sr.: it: 1G. m...c�^�R'4J.2���::.i••yiY.crn -_ .:i «a• o::._: :r:`r.:i m ;air -- - - -, .i::..: .. ...C� ...aa Salaries List titles and FTEs " ( ) $13,059 $57,886 $70,945 Benefits* $2,355 $17,130 $19,485 Total Personnel $15,414 $75,016 $90,430 '..� :� .**C��F.. t�Cy,t 4�j'.;;1'y� .� F s �..t� � -y! . � . R��rr �'r�''L.`'.Ca . :�_ .^.�CC : _;_::..`i..^ -_.•[a.:.: ,_. ._.Jr e_" .� � .r •' .: t:l`xTn[ 3 :s... .'-.:.a..�.:. : c. _L...._ _.. n_e.i_ ? mc _ °pc . :- L..eD:c.`vnJ:nTc �c=rt_n'v - .y :_ 4:". . ._ = _c34- "�J•�u_.s�ei_.• _. -�.J-r....Fy,r. -, •:.. r: Rent. Occupancy Related* $2,055 $2,055 Utilities $0 Phones $0 Internet fees $0 Parking fees $0 Security $0 Maintenance $0 Insurance $0 Equipment rental fees* $0 Vehicle lease charges (vehicles may not be purchased) $0 Office expenses (uonsumables) $0 Accounting Services $0 Legal services $0 Adminstrative Services $0 Indirect costs (attach indirect cost rate plan *) $0 Professional Services $0 Marketing /Membership $0 Finance Charges $0 Staff training $400 $400 Staff travel /mileage $0 Participant Wages* $93,020 $93,020 Support services* $8,000 $8,000 Profit (for profits only) $0 Other (list)* $0 Incentives $2,860 $2,860 Project Transportation $3,235 $3,235 Charter School Total Operating Expenses $0 $109$70 $109,570 GRAND TOTAL (Total Personnel + Total Operating Expenses) $15,414 $184,586 $200,000 ;A4 : cM OCCC Budget Form - Attachment B Santa Ana WIA OCCC Santa Ana Youth Council Direct Program Expenses FYE14 WIA WIA OCCC Staff Wages/Salaries Time % Amount Administative Staff Chief Executive Officer K. Bandoni 3% $ 3,568 Office Coordinator TBD 3% $ 1,051 Chief Financial Officer T. Huynh 3% $ 3,058 Payroll Specialist S. Cortez 3% $ 1,168 Director of Operations J. Volp 3% $ 2,153 Project Manager J. Newton 3% $ 2,042 Subtotal Admin Staff $ 13,059 Employer Taxes $ 1,808 Workers Compensation $ 196 Benefits $ 351 Subtotal Admin Staff Taxes /Benefits $ 2,355 Total Administrative Expenses $ 15,414 Program Staff Director of Program L. Skiba 5% $ 3,536 Senior WIA Program Specialist R. Jimenez 75% $ 31,637 Crew Supervisor TBD 75% $ 22,714 Subtotal Program Staff $ 57,886 Employer Taxes $ 8,017 Workers Compensation $ 3,067 Benefits $ 6,045 Subtotal Program Staff Taxes/Benefits $ 17,130 Program Expenses Project Transportation (vehicle, insurance, fuel, repalr & maint) $ 3,235 Staff Training $ 400 Occupancy Related rental, utilities, repair & maint) $ 2,055 Subtotal Program Expenses $ 5,690 Total Program Expenses $ 80,706 Corpsmember (CM)Expenses Average Totalhrs/ WIA CM Stipends # of CMs Hourly Rate CM Amount CMs (32 hrlwk x 20 wks) 20 $ 8,00 10,016 $ 80,128 Carry -overs 2 CMs Total Hours /Paid Work Experience 200,320 Employer Taxes $ 6,084 Workers Compensation 6,808 CM Stipend Total 22 $ 93,020 Supportive Servlces /Uniforms 20 $ 400 $ 8,000 CM Incentives /Bonus 20 $ 143 $ 2,860 Subtotal Cms Expenses $103,880 Total WIA $ 200,000 OCCC Staff Salaries & Wages (pg 2) $ 48,434 Taxes & Benefits Employer Taxes $ 3,705 Workers Compensation $ 605 Benefits $ 4,843 Subtotal Taxes & Benefits $ 9,154 OCCC Match OCCC Charter School OCCC Expenses (pg 2) 5 11 t "We 34,320 28,765 V o�cD(anvoDpcDr�� CvO } UU v�U, m 000Cn Lc) IC- h 0) r-�. LQ at cnrnPLo u) L6-co U) m nor m C m N N O = N c N C Q 'j d O @ m x 0 0 Q7 p Q m ,E mmtn =UZ> Z) c� U a) Q M M M M Ot V Lo V Ln M --- _5 w a oC0000c -0 ' ' (On j C c" M C6 N N N m 3 (h N Q C W O LL - � .- (}o W ��r.�s c �UOQUD 0 cn a00 ++ h 0 CD M OD M C r P 0 0 0 0 O q O o r n a_ O O V 'cY M C'ry CD � Q QGF) E + 0 y to LL 0 0 0 0 0 0 0 O O O 000000000 O � m m N N O = N c N C Q 'j d O @ m x 0 0 Q7 p Q m ,E mmtn =UZ> Z) c� U a) Q a Ot V ` E .0 m 0 o _5 w O o ro o j m@ O7 _ p O CB m O) .�- I.L ` OL CL Q ro W O LL - � .- (}o W ��r.�s c �UOQUD 0 cn a00 ++ h 0 CD M OD M C r P 0 0 0 0 O q O C O cu Q 40 c V) N @ > N m N C O T O 0-0 7 rJ� _. O U U N 2 cu c N O E � L � `•' rn C N L @ aE'a o �uro > ro C .- v a) a U w ai o mEw�c, °'� z °c0WC000UU >(n 0o (o 0000 () '� 0 O) co O N N P 00 n UYCD� � cMc�iui(h N O c Q o N N CD J N M W) o a o \\ oe o 0 0 0 0 0 0 0 0 Q C o a Cl ++ h 0 CD M OD M C r P 0 0 0 0 O q O O O 7 (fl o Cp O N N p M CO O O V 'cY M C'ry CD QGF) + y to 0 0 0 0 0 0 0 O O O 000000000 O O o oPPppaaPP 0 —0"- —0"- 00NCDcox M Lo(N 00(6 LOCO- (OVVnO� or0 h r m� 3 0 C) .o c 3 0 x ro y CL a� a � C Q y N O n aJ lu to ro o d c 0 �s} p� Oa C CL w C .c 0 V N w N w Q 0 d E O(�@ i V I N C> a Q¢U C Cd .� o o N N O'u.20a`UI —F �o O ti 25D -327 �s 0 o U _ m O N U Q U o O v o 'o Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable f=ederal, State, and local compliance requirements. These include, but are not limited to: Records accurately reflect actual performance. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non - discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990 Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) Procurement policies and procedures are in place and meet federal guidelines. Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 We will not: ,'Place a youth in a position that will displace a current employee. se WIA money to assist, promote, or deter union organizing. Use funds to employ or train of persons in sectarian activities. Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. ,use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. 31 25D-428 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201312014 Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. Use WIA money under this contract to purchase any equipment. all o he above are true. Title Date M I : i' : ul � YJ EDA µFUO nmrrf A6c b CERTIFICATE OF LIABILITY INSURANCE 3/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ALTER RIGHTS GOVERN THE A E RDEDATE THE HOLDER. C EIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certiflcaio holder le an ADD, 1101101 INSURED, the polloy(los) must be endorsed. if SUBROGATION i3 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate dogs not confer rights to the , ndlRrslA holder In IIQU of such endorsements PRODUCER UTADAIJ - ^- •- -- — PHONE IAfC NoY Arthur J. Gallagher & CO. ineuronce Brokers of California, Inc., License p0726243Milw _ One Market Plaaa, Spear TOWOr ADD a Wild 200 INSURERS AFFORDING COVERAGE _ United Workers' Conpenoatio San Francisco, CA 93105 Susan Blenkenburg ��_ - -- 1HgVRERA;.NonProflte• J SAFBTY MATL CAS CORP 15105 WSURED INSURERS: Grange County COnaarvation COrPS INSURERCI 1053 North Raymond ?.venue SURER1) t SURER E r1NSUR*RFI Anaheim, CA 92501 OVERAGES CERTIFICATE NUMBER: 30644354 REVISION NUMBER; THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REOUCED BY PAID CLA1148- U FOLIC EFF POLICY. EXP LIMITS IN TYPE OFIIISURANCE POUCYNUMeER IS O MMlDD fL O - EACH OCCURRENCE ENERALLIASRJTY JIi Z D G�TOTSE OFJ � IISEE e 47CILAIMS-MAOE D OCCUR 14£0 eW 1 one INJURY 1 _- cCU.Ce11fAI. A Ar7V INJURY S PER: AUTOMOSILE UASIDTY AtTY AUTO ALLOWNEO SCHEDUL£O O AUTOS N0 r1 -OVMED HIREDAVTOS AUTO$ W NR UMBRELLA LJAB OCCUR EXCESS LUa CLAIMS -IUIDE DED RETENTION A WO KERS 6RS•LLATION YIN 1pO NCG 001 -2013 0210111 011 AJIYpROPRIEONPARINEFLE (ECUTiYE OFFICERMEMOER EXCLUOEDT NlA e Wolters' 09SCELPTIONOF OPERATIONS ILOCATIONSIVEHICLES (AmOACORD104, Addi UOlulRgmvk7SchedvN ,N Mors syeC$It10 1e4) S WOILY RIJVRY (Per person' a001LYINJURY(PCr acrklcnli i PROPER,)�,IAOE f 500,000 E DISEASE. EAFMPLOYEEI i 5UU i VUV E.L. DISEASE - POLICY UkUT ; 500,000 Li at Per Coo. 1001000,000 -a.L. Per Coo F Aw 2,000,000 SIR $00,000 SO- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Banta Ana Workforce investaent Board THE EXPIRATION PATE THEREOF, NOTICE WILL BE 0ELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fran Jutai !� 1000 Rast Santa An& Boulevard AUTHORIZED REPRESENTATIVE 0200h -� �5 2 L� Santa Ana, CA 42701 USA U Q 1000.2010 ACORO g TION, All r 111. T1vvd. ACORD 25 (2410105) The ACORD name, and IDgo are registered marks of ACORD deepaaen �, 30644354 E-2-fiDt-330 N O N >K W Pf1""WI Arthur I Gallagher & Co. One Market Plaza, Spear Tower Suite 200 San Francisco, CA 94105 :uu u�ta ui Electronic Service Requested �3 3 -DI6IT 926 4695 0.5234 AT 0.371 1d41111rrr1111 �rlrrrr�lrfil�fr�illrlrl�u�lrlli�rfiiurnrrrirl Santa Ana Uorkforce Investment 29 Board 1000 EAST SANTA ANA BOULEVARD 0200 SANTA ANA, CA 92701 -3900 EBIX B{ O u 0 t �n ,IAN 031013 This document wan brought to you by Bbix /CertificateaNpw and Arthur J. Gallagher a Co. Igsgkpqoa Brokers of California, Inc. in San Francisco, CA. - Any documents forwarded with the certificate request Wpre reviewed for the sole purpose of completing L•he certificate. I£ you have quest:ione regarding the content of this document, please contact - the Producer /Agent listed on the certificate of inauragoe.- The data included in thin notice and in the attached 4goument is confidential to - Bbix /CertificatesNow and Arthur J. Gallagher & Co. Inegrance Brokers of California, Ina. - ca: The data Included In this notice and in the Attached document Is confide01lal to Ebix BPO and the party responsible for bringing you lhls Information, ' Cortiacete Delivery by 2150*131n1innNet.com • 077.669.8600 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this I" day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Orange County Children's Therapeutic Arts Center a non- profit corporation ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive .federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows; I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference 25D -332 Page Iof15 incorporated herein. CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25D -333 Page 2 of 15 CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice /Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and 25D -334 Page 3 of 15 attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. In CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also CONTRACTOR'S own expense supplies and other costs of said PROGRAM. agrees to provide at M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. 0. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the malting of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. 25D -335 Page 4 of 15 R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all 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 Section 5200) of Part 5 of Division 9 of the state Family Code; and, 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 Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs Linder the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008, II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $180,000 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available finding. 25D -336 Page 5 of 15 III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2013 and all duties arising under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR wider this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, Contractor agree to implement and 25D -337 Page 6 of 15 shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this 25D -338 Page 7 of 15 Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. 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, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. 25D -339 Page 8 of 15 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement, 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended, Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1, General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting_ Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 25D -340 Page 9 of 15 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will 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 CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations, All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the form as Exhibit I, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 25D -341 Page 10 of 15 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. 25D -342 Page 11 of 15 XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. 25D -343 Page 12 of 15 XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 25D -344 Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Orange County Children's Therapeutic Arts Center 2215 N. Broadway, Santa Ana, CA 92706 Phone: (714) 547 -5468 Fax: (714) 564 -9690 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -345 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney : Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" Kevin O'Rourke Interim City Manager Orange County Children's Therapeutic Arts Center "CONTRACTOR" BY: Name: Dr. Ana Jimenez -Hami Title: Executive Director Tax ID #: 33- 0930891 Page 15 of 15 PROPOSER APPLICATION Agency Legal Name Orange County Children's Therapeutic Arts Center Agency DBA N/A Program Name Job Training for Youth with Disabilities, Foster Youth and High School Dropout Youth Program Address 2215 N. Broadway, Santa Ana, CA 92706 Corporate Office Address 2215 N. Broadway, Santa Ana, CA 92706 Contact Person & Title Dr. Ana Jimenez -Ham! Email ana @occtac.org Telephone # 714 - 547 -5468 Ext. 107 Fax # 714- 564 -9690 Federal ID Number 33- 0930891 Public Non -Profit Private for Profit X AGENCY STATUS Corporation I Private Non -Profit Government I Other Years in 13 PRIMARY FUNDING SOURCES Funding Source Grants Contracts I Donations Fundraising Amount $250,000 000 $130,000 1 $70,000 $50,000 HOURS OF OPERATION AND nAYS Days Monday I Tuesday Wednesday I Thursday. Friday I Saturday Sunday Hours I 8:30- 8:30pm I 8:30- 8 :30pm 8:30- 8:30pm 8:30- 8:30pm 8:30- 8:30pm I 8:30- 5:00pm Closed TARGET POPULATION Older Youth 17 -21 1 Younger Youth 1 16 -21 1 Out -of- School 1 23 1 In- School 7 # of Youth to be Served in 2013 -2014 25 1 Total WIA Funds Requested $180,000 In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the agency named above. Signature _ Executive Director Title EXHIBIT A 25D -347 Date OC Children's Therapeutic Arts Center 2013 -14 Program Narrative I. Executive Summary: A. Briefly describeyour agency, the proposed program, proposed contract amount, youth enrollment goal, and youth population group. 1. Agency description - The Orange County Children's Therapeutic Arts Center ( OCCTAC) is recognized as one of Santa Ana's leading community builders for children, youth and families. We prioritize on serving youth at -risk, and youth with disabilities, including: learning disabilities, health impairments, developmental disabilities, and others. Our programs integrate youth with and without disabilities in a nurturing, community - based environment that teaches respect, disability awareness, and full inclusion. Most of the youth and families that we serve come from the City of Santa Ana, and have very limited financial and educational resources. OCCTAC offers a wide variety of educational and therapeutic programs to the community. At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. Please See Tables 4 and 5 for more detailed information on OCCTAC programs. 2. Proposed program - The WIA program is an extension of our current educational services provided to older youth (with and without disabilities); it empowers and educates youth, and provides life changing opportunities. OCCTAC has been working with WIA participants since 2005. The WIA program at OCCTAC will provide all 10 WIA elements, including educational services, job training, paid work experience, adult mentoring, literacy and math tutoring, career & educational counseling, alternative secondary school services, support services, certificate programs, leadership opportunities, and follow -up services. The basic program will take place primarily at our community -based center in Santa Ana. Participants will engage in a variety of educational and job training activities, including classroom and workshop instruction. Participants will be required to meet individually with key staff, participate in daily and weekly educational trainings, and monthly workshops. Participants will also engage in weekly "hands -on" work experience and job training opportunities at our agency and other community sites. Please see Tables 1, 2, 3, 4 and S. 3. Proposed contract amount - OCCTAC is requesting $180,000 to continue to provide high quality services to the WIA youth. The funding will be used for a full time case manager, a part time case manager assistant, a part time career counselor, part time literacy and math tutors, and funds to pay 25 WIA participants during their work experience, as well as support services, and other program related costs. 4. Youth enrollment goal — The WIA program at OCCTAC will serve a total of 25 WIA participants. The program will serve 20 out -of- school youth (ages 17 -21) and 5 in- school youth (ages 16 -21), for a total of 30 youth. 5. Youth population group — our WIA program will focus primarily on serving youth with disabilities, foster /emancipated youth and high school drop -out students. II. Experience /Qualifications A. Briefly describe your agency and past experience with youth programs. Agency Description: OCCTAC is recognized as one of Santa Ana's leading community builders for children, youth and families. As mentioned previously, we successfully integrate youth with and without disabilities in our programs. OCCTAC offers a wide variety of educational and therapeutic programs to the community, including: Early Start programs, After - school Arts and Tutoring, Learning Academy Program, Technology Training, State Certificate programs, Parenting, Counseling, Support groups, Leadership development, and others. WIA participants that enroll with OCCTAC have a wonderful opportunity to choose from a variety of fields, such as: health, education, arts, technology, and more? ggp;,348 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative Past experience with youth programs: OCCTAC has been serving Santa Ana youth since the year 2000. For the past 13 years, OCCTAC programs have served both at -risk youth and youth with disabilities. Our variety of programs integrate youth with and without disabilities in a nurturing, community -based environment that teaches respect, cultural diversity, disability awareness and full 'inclusion. OCCTAC has operated youth programs for the past 13 years and WIA programs since the year 2005. B. What kind of impact has your services made to the youth in the community? OCCTAC has had a tremendous impact on Santa Ana youth in the community. It is a catalyst for change and provides students and families access to wonderful educational, therapeutic, and job training programs! As stated before, OCCTAC is committed to empowering youth with disabilities and at -risk you to reach their fullest potential in life. Through our innovative approach which combines the arts, education, health and technology programs, participants are motivated, engaged and involved in a variety of programs at OCCTAC. Last year, our WIA participants attained employment /entered education at a rate of 81 % , attained certificate /credential at a rate of 92 % , and attained Literacy and Numeracy gains a rate of 90 %! These outcomes demonstrate the commitment and dedication of our wonderful WIA program staff. C. Indicate average annual operating budget and sources of revenue. The average annual operating budget for the OCCTAC is $700,000. OCCTAC's sources of revenue come from a variety of sources, including: county contracts, grants, fee for service, private donations, public donations, and fundraising. In addition, OCCTAC will enter some new and important contracts this year with the Santa Ana Unified School District and the Health Care Agency. D. Will the program dedicate a full -time case manager? Yes, our program has a full -time case manager. E. Discuss the current full -time and part -time employees and their experience. Identify the specific employees dedicated to this proposed program. Please elaborate on the qualifications of the case manager that will work directly with your participants. OCCTAC is staffed by highly qualified bilingual staff, including: credentialed teachers, artists, therapists, counselors certified to provide services to youth with and without disabilities. There are 5 -Full -time staff and 45- Part-time employees who are employed in various classes and programs at our agency. Currently, our WIA program has I full -time case manager, 1 part -time case manager assistant, 1 part -time career counselor, 1 part time literacy tutor, 1 part -time numeracy tutor, and 1 part-time graphic arts and technology instructor. Executive Director —Dr. Ana Jimenez -Hami is the Founder and Executive Director of OCCTAC. She earned a doctoral degree in the fields of Educational Psychology and Special Education. She is also an Adjunct Faculty at Chapman University in the School of Education. Dr. Jimenez will be responsible for supervising the WIA staff and ensure the success of the program, as well as monitoring the budget and overall program goals. Time allocation for this program is 10% - this is not a WIA funded position. Accounting Cleric – Veronica Maldonado has been working at OCCTAC for two years. Prior to working at OCCTAC, she worked at Digital Spectrum Solutions for 9 years as an accounting cleric and 3 years at Towne Inc. Her 12 years of experience in Accounting include: Accounts Receivable, Accounts Payable, and $12.OM Accounts reconciliations, Mass Merchant experience: price protection, marketing and co -op program monies, RTV deduction, research analyze & problem solving payment data issues, MAS90, EDI, and QuickBooks accounting software experience. She is flexible and reliable and able to work in a fast paced environment. Veronica is currently attending Santa Ana College pursuing an Accounting Degree. Time allocation for this program is 30% - this is not a WIA funded position. WIA -Case Manager - Dolores Lopez has been part of the OCCTAC family since October 2011. Although she recently joined our team, she has worked with Workforce Investment Act programs since 2009 through her NP[-A349 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative employment with the City of Santa Ana. Additionally, she has extensive knowledge working with students in the primary grades by providing tutoring services, substituting, and aiding teachers in classroom settings. Her undergraduate coursework includes a degree in Liberal Studies (Magna Cum Laude, May 2009) as well as multiple- subject teaching credential with BCLAD certification (Summa Cum Laude, May 2011) from Chapman University. Dolores believes that every child, regardless of socio- economic status, has the potential of becoming successful in life. She strives in providing at -risk. youth with the tools needed so they can better reach their career goals. Dolores will be initiating a Master of Arts program in Social Science and Comparative Education with the University of California Los Angeles Fall 2013. Time allocation for this program is 100 %. See budget narrative. WIA -Case Manager Assistant - Lizeth Lopez graduated from the University of California, Irvine in 2012. She received her degree in Psychology and Social Behavior with a Minor in Education. Throughout her undergraduate course work, Ms. Lopez was involved with an organization called "Hermanas Unidas ". In this program she had the opportunity to work with teenage girls by providing workshops on the importance of nutrition and maintaining a healthy lifestyle. Within this organization, Lizeth also conducted information sessions on resume writing, job search and professionalism. Presently, Lizeth works part time with the Santa Ana Public Library and part-time at OCCTAC as the case manager assistant. Lizeth's aspirations include returning to school to obtain a graduate degree in the area of counseling. Time allocation for this program is 50% - see budget narrative. Career Counselor — Elivet Brito is our current WIA Career Counselor. She earned her Masters' of Science in Counseling from California State University in May 2011, and previously received her Bachelor of Arts in Psychology with an emphasis in Child & Adolescent Studies (Magna Cum Laude). Elivet has worked at the Orange Children's Therapeutic Art Center since 2007. Time allocation is 62%- see budget narrative. Arts /Technology Mentor - Sean O'Neill is the graphic design instructor for the WIA program at OCCTAC. Sean started out as a volunteer for OCCTAC in 2004 and shortly after that began teaching illustration, graphic design, and cartooning classes to at -risk youth. Sean has worked for various medium to large corporations and agencies as a graphic designer and web designer. He has also worked as a freelance designer producing designs for companies such as Sony, CHOC Hospital, and US Bank. In 2001, Sean received his art degree from Platt College of Design. He then went on to get his Bachelor's Degree at Vanguard University in Costa Mesa in 2009. Sean is currently in his final year of obtaining his Master's Degree in Counseling from Cal State University, Long Beach. Sean hopes to use this degree to continue to help youth or others less fortunate. Time allocation for this program is 25 % - see budget narrative. The Literacy /Math Tutor /Coach - The literacy tutor will provide one -on -one tutoring sessions in the area of Literacy and /or Math. The main role of the tutor will be to facilitate learning through effective guidance and coaching in order to aid the student in becoming a successful, independent learner in the subject matter. The purpose of tutoring sessions will be to increase and enhance mastery of grade -level reading comprehension skills and writing abilities. The selected candidate will integrate effective study and learning strategies to maximize the tutee's potential for academic progress. The Literacy /Math Coach will maintain contact with all WIA staff including, the Case Manager, Educational Counselor, and Numeracy Coach for updates on the tutee's progress. We will hire an individual with at least a Bachelor's degree or higher in English, Math, Education or related field. Tutor responsibilities include: provide weekly one -on -one tutoring sessions; teach students study skills, note - taking skills, and test - taking strategies; review students' IEP's and accommodate sessions as needed; prepare materials for use with students in accordance to their learning needs; schedule independent tutoring sessions and communicating with WIA participants weekly to remind them of appointments; administer, proctor and score standardized tests; Assign/correct/review homework on a weekly basis; monitor student progress and address areas of concern, attend weekly WIA staff meetings, and others. Time allocation for this program is 37% for the literacy coach and 25% for the math coach - see budget narrative APZ;,350 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative III. State the Problem - OCCTAC serves Orange County's most at -risk, underserved and economically challenged population. Based on HUD standards and Federal Income Eligibility Guidelines for free and reduced price lunches, 95% of all of our students come from very low- income families. Santa Ana is the largest city in California's second largest county. More than any other city in the NATION, Santa Ana faces some unique challenges, the number 1 toughest place in the NATION to survive according to a 2004 Nelson A. Rockefeller Institute of Government Study. Of the nation's 86 largest cities, Santa Ana has the nation's highest level of urban hardship based on factors such as income, education and housing conditions. According to this study, 24.1% of those under the age of 18 live below the poverty line (U.S. Census 2000). In addition to having the county's highest level of poverty, Santa Ana also has the highest high school dropout rate. See statistics below. According to the U.S. Census figures and a 2004 Nelson A Rockefeller Institute of Government study of the nation's largest cities: • Santa Ana has the lowest educational achievement among the nation's largest cities; 60 % of residents age 25 or older do not have a high school diploma. • Santa Ana has highest level of urban hardship in the nation based on factors such as income, education and housing conditions. • Santa Ana has the youngest population among large cities in the nation with a media age of 26.6 and with 46% of residents age 19 or under. • 21.6 % of Santa Ana residents live below the poverty level! • Santa Ana also has a very high level of high school dropout rate! More than 50% of the high school student population does not graduate from high school. The percent of high school graduate is approximately 43.20% according to this report and the SAUSD, 2010 statistics. IV. Barriers A. Identify the population group that you will serve (foster youth, probation youth, youth with disabilities, etc.). OCCTAC will serve any youth who is in the need of employment, educational, and life skills assistance but have barriers that make it difficult to attain such goals. These barriers include, but are not limited to: low - income, basic skills deficient, homelessness, school dropout, foster youth, emancipated youth, pregnant and /or parenting youth, learning /physical /mental disability, and poor work history. By serving these individuals, OCCTAC will be able to target any youth who may find it difficult to get services elsewhere. B. Of the youth that your agency will serve, what barriers do they typically face? (Examples: basic life necessities, homelessness, hygiene, high school dropouts, transportation, poverty, gang affiliation, education, substance abuse, etc.). OCCTAC's primary focus will be youth with disabilities, foster youth and high school dropouts. Due to our recent partnership with SIATech during the 2012 -2013 fiscal year, OCCTAC realized that there is a desperate need in serving youth who are HS dropouts in addition to foster youth. This data is reflective on the youth we served during the 2012 -2013 program year. Out of the 25 youth served, 11 had a disability, 5 were HS dropouts, and one was a foster youth. At least, 9 participants were categorized under one, or more, of those barriers listed, such as poor work history and /or low- income. As a result, OCCTAC has made it a priority to continue serving youth with disabilities, but also will focus on targeting youth in the foster care system as well as HS dropouts. V. State the Solution A. Please elaborate on how your agency will solve the problem and barriers? OCCTAC will assure that its participants overcome the barriers they face in a variety of ways. First, all youth will be assigned a case manager whose goal will be to provide mentorship meanwhile aiding with the attainment of employment goals, such as writing a resume and preparing for an interview. In retrospect to the direct services from the case manager, the participants will also be required to attend monthly job skills /life skills workshops focusing anywhere from employment attainment /retention to how be changing factors within their own lives and community. Some of the life skill workshops youth will be asked to attend include: financial literacy workshops, healthy relationships workshops, and STDs prevention, amongst others. 6351 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative To solve any academic barrier, the youth will be assigned to an Educational counselor who will provide direction and coaching on any academic aspect, such as scholarship writing and enrollment into an institution of interest. This service is crucial for all youth participating in the program because it will allow them to learn about various academic paths —like vocational training, HS recovery programs and 4 -year institutions —while narrowing down a career of interest and actually committing to a program. It is also an essential feature of the program because it will give those youth with disabilities an opportunity to develop self advocacy tools that will help with accommodation attainment in any secondary /postsecondary setting. In addition, OCCTA's environment is very supportive and provides additional support services to engage youth and maintain a high level of involvement in our programs. WIA youth are supported emotionally throughout the entire year at OCCTAC, and are provided with a positive and welcoming environment that also encourages youth to partake on various leadership roles within the various programs and activities at our agency. These additional activities provide youth with an opportunity to gain self- confidence, self - esteem and leadership skills, and also experience a safe haven at our center. Our goal is to empower youth and provide a life changing opportunity through this WIA program. VI. Proposed Program: A. Describe the program; indicate the number of youth that will be served, and identify if the program will serve foster youth, youth with disabilities, and youth on probation? Description of the Program: As stated previously, the WIA program at OCCTAC will provide all 10 WIA elements, including educational services, job training, paid work experience, adult mentoring, literacy and math tutoring, certificate programs, career & educational counseling, alternative secondary school services, support services, leadership opportunities, and follow -up services. Please see below Table I for an overview of the program timeline for the entire year. Table 2 (page 8) describes the frequency of program activities & OCCTAC staff interaction, Table 3 (page 9) describes the 3 state certificate programs offered at OCCTAC in partnership with the Santa Ana College. Table 4 (page 9) describes the mentoring and job training programs at OCCTAC for WIA participants, and Table S (page 10) describes other available job training programs at our agency for WIA participants to engage in additional work experience and mentoring opportunities. TABLE 1– Pro ram Timeline from July 2013 –June 30, 2014 :Pro gram'.Timeline Progrp►ri Activities& Training . Month 1 . _ Orientation of program and services with Case Manager Objectives: • Employability /Job Skills assessment with Case manager Program Overview, . Basic Skills /Academic levels assessment with Literacy and Numeracy tutor Assessments, . Career interest assessment and survey with Career Counselor Participant Goals . Determine Employment and Academic goals Month 2 • Initiate bi- monthly meetings with Case Manager to discuss goals and service Objectives: needs of participants Educational Guidance, 9 Initiate weekly tutoring of Literacy and /or Numeracy skills Tutoring & Vocational Initiate weekly short -term vocational training courses Training . Initiate social support group with other WIA participants and staff • Participants to receive monthly stipend Months 3 -8 • Initiate paid work experience Objectives; • Initiate monthly Job /Life skills training or Leadership Groups Job Training & • Continue bi- monthly meetings with case manager to discuss progress Work Experience • Continue monthly meetings with Career counselor for academic guidance • Continue weekly Literacy and /or Numeracy tutoring • Continue monthly support group with other WIA participants and staff • Invite guest speakers for special workshops (monthly) Month 9 -12 • Continue bi- monthly meetings with case manager to discuss program goals, Objectives; and for Intense employability skills and job search training Employability /Job Skills • Continue tutoring, if necessary NP-A352 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative & Job Search • Continue monthly life skills training • Continue monthly support group with other WIA participants and staff Indicate the number of youth that will be served: The WIA program at OCCTAC will serve a total of 25 WIA participants. The program will serve 20 out -of- school youth (ages 17 -21) and 5 in- school youth (ages 16 -21), for a total of 25 youth. We will prioritize on serving youth with disabilities, foster youth and high school drop -out students. Identify if the program will serve foster youth, youth with disabilities, and youth on probation? Yes, as stated above the WIA program at OCCTAC will serve foster youth (in and out-of-school), out of school youth with disabilities, and high - school dropouts, between the ages of 16 -21. B. Specify how the target groups will be recruited and describe your recruitment plan to fulfill the enrollment goals. WIA requires that 75% of youth be enrolled by the 1't quarter of the program and 100% enrollment be reached by the 2" d quarter of the program. OCCTAC has excellent community partners that will help us fulfill our enrollment goals through referrals, as well as help us provide an excellent program for youth. Our key community partners include the following: 1) Santa Ana Work Center, 2) Santa Ana College, 3) SAUSD, TPP, 3) County of Orange, Social Services, and 4) SIATech (School for Integrated Academics and Technologies). Please see attachments for letters of our community partners. OCCTAC is responsible for providing most of the services. SAUSD TPP is responsible for referring youth with disabilities to OCCTAC. The County of Orange, Social Services is responsible for referring foster youth to OCCTAC. The Santa Ana College is responsible for providing instructors at OCCTAC for our 3 state certificate programs, and SIATech provides alternative secondary school services for our high school dropout students. Target group - Youth with Disabilities: OCCTAC has had a strong partnership with the Santa Ana Unified School District, Special Education, Transition Partnership Program (TPP) during the past 5 years to serve youth with disabilities exiting high school. (Please see letter of support). In partnership with the SAUSD TPP program staff, we will ensure that our enrollment goals will be met by the trst quarter. The Case manager will work closely with the TPP staff for referrals of youth with disabilities, and to make sure that our participants will be successful in attaining their goals. OCCTAC's strong partnership with the SAUSD Transitional Partnership Program will aid in the proper enrollment of those youth with disabilities, and to make sure that we meet our 75% youth enrollment benchmark by the first quarter. Target group — Foster Youth: This year we are excited to partner with the County of Orange, Social Services, Children and Families Services Division to serve more foster youth! (Please see letter of support). OCCTAC has been a partner with the County since 2007. We are looking forward to growing our partnership with the County, Social Services to continue to provide and expand work experience placements, vocational training, academic /employment services and mentoring to foster youth in Orange County. On February 2013, OCCTAC hosted an important strategic planning meeting with the County of Orange SSA staff (including the Deputy Director), the City of Santa Ana and Santa Ana Work Center staff to discuss our partnership and commitment to foster youth. This important meeting reassures OCCTAC's commitment to serve foster youth, and we are looking forward to together implement the recommendations discussed at this meeting, such as a planned Open House at OCCTAC and at the Santa Ana WORK Center during the month of April for youth in foster care. Target group — High School Dropout Youth: Last year we started a wonderful partnership with SIATech (School of Integrated Academics and Technologies). As a partner, SIATech provides high school dropout youth the opportunity to earn their diploma, attain industry- standard certifications and increase their literacy and numeracy abilities. The SIATech principal, Ronald Stagg, participates in community meetings and activities and supports OCCTAC in its endeavors whenever possible. A eredentialed Special Education teacher is available to assess students and write IEP or 504 plans for students. The teacher also provides professional development to OCCTAC and other Santa Ana YSPN members in working with students who have special ZAP-z353 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative needs, This support provides OCCTAC with the ability to serve more at -risk populations including youth who are in the foster care system who are often credit deficient and may have special needs. Lastly, OCCTAC will continue to conduct community outreach and special community events throughout the year to promote our programs and inform youth in the community about this wonderful WIA program. Some of these community events include the following: Expos, Health Fairs, Summer Family Festivals, etc. These events aid in the promotion of our services and recruitment of youth. These events are staffed by employees and volunteers at OCCTAC, as well as youth! WIA participants are also encouraged to participate in these events as a way to gain leadership skills, work experience, and practice with public speaking. C. Will your agency provide paid work experience? If so, please describe and include the Paid Work Experience Policy with this proposal. Yes, OCCTAC will provide paid work experience to WIA participants, Please see attachments for the Paid Work Experience Policy, Stipend Period: Four Stipend Periods - First 80 hours ofparticipation Most youth are able to complete their first 80 hours of participation in about 2 months. During the first two months of participation, all youth will be required to attend regularly for about 10 -20 hours a week. For their consistent participation, youth will receive a $150.00 stipend after they complete the first 20 hours. Youth will receive three more stipends, each of $150.00, upon completion of the 2nd, 3rd, and 4th set of 20 hours, for a total of 80 hours. The stipend hours will be completed through difference venues: Case Management meetings, workshops, Educational counseling services, work experience placement, job skills training, weekly tutoring, etc. Hourly Rate: Once Youth completes the Four Stipend Periods Immediately after the completion of the first 80 hours of participation, those youth that have shown consistency will be encouraged to work between 15 -25 hours per week until their job training period is completed. These youth will be paid $8.00 per hour, D. How will your agency address the barriers that the youth face? As mentioned previously, OCCTAC will address the barriers that youth face in the following ways. Every youth will be assigned a case manager whose goal will be to provide mentorship meanwhile aiding with the attainment of employment goals, such as writing a resume and preparing for an interview, etc. To solve any academic barriers, the youth will also be assigned to a career & educational counselor who will provide direction and coaching on any academic aspect, such as scholarship writing and enrollment into an institution of interest. In addition, OCCTA's environment is very supportive and provides additional support services to engage youth and maintain a high level of involvement in our programs. WIA youth are supported emotionally throughout the entire year at OCCTAC, and are provided with a positive and welcoming environment that also encourages youth to partake on various leadership roles within the various programs and activities at our agency. These additional activities provide youth with an opportunity to gain self - confidence, self - esteem and leadership skills, and also experience a safe haven at our center. Our goal is to empower youth and provide a life changing opportunity through this WIA program. E. What is the length of your program? How much time will a youth need to be in the program to get the full benefits? The length of the program is one year. In order for participants to get the full benefit of our program and each component offered, WIA participants are required to commit to at least 6 months of training and work experience. It is understood that many WIA participants have demanding circumstances in their lives, which, often dictate their ability to maintain their established training and work schedule. However, the OCCTAC staff is committed in supporting WIA participants' efforts towards achieving their educational and career goals. The frequency of program activities is shown below in Table 2. Please see below the frequency and type of program activities that vary daily, weekly and monthly. Z§114-A354 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative TABLE 2: Frequency of Program Activities & OCCTAC/ WIA Staff Interaction Daily /;Weekly Activities Bi- Monthl Activities iYlot #lhly Activities Emphasis: Career Training Skills, Emphasis: Employability/Job Emphasis: Life Skills and Tutoring & Work Experience Skills & Career Goals Leadership Training Attend daily educational/career training Meet with Case Manager at least Participate at least once a month in life - skills in order to complete state certified twice a month to discuss goals, skills sessions or leadership training programs: Administrative Assistant progress, performance levels, provided by the counselor and /or when Certificate or Mental Health and learn job skills. necessary referred to a licensed MFT for Paraprofessional Worker (Class is taught services. Monday — Thursday, 2 hrs. each day) Meet with Literacy and Math Coach to Meet with the Educational and Participate once a month in a social/ support receive weekly tutoring in academic/ Career Counselor to discuss group with other participants, staff & guest basic skills. educational and career goals and speakers. Participate in weekly educational and pursue higher education career training skills with OCCTAC staff programs or enroll in another to engage in work experience with WIA certificate program outside of and other non -WIA support staff at the OCCTAC. center. How often will a participant interact with a case manager? The case manager will interact with the participants weekly. Please see below for a more thorough description of the case manager's responsibilities. Intake /Assessment: The Case manager will work closely with each WIA participant to assess and /or survey them in the following: a) Basic Skills /Academic Levels, b) Employability /job Skills, c) Career Training Skills. Assessments and /or surveys will be conducted prior to educational training and work experience placements. At intake, all participants will be given a TABE test to determine the participant's Educational Ftutctional Level in literacy/Numeracy. The TABE test will determine the needs of the participants in both academic areas. Additionally, they will aid in the facilitation of the weekly tutoring sessions. As needed, OCCTAC will work with SAUSD Transitional Partnership Program to determine the Individual Educational Plan (IEP) for those youth with disabilities. Once TABE tests are given, Case Manager and Career Counselor will meet with each participant to assess and/or survey their employability and career training needs. These assessments and /or surveys will aid in the proper placement of career training and work experience. Case Management: The case manager will coordinate and support WIA participant's activities along with other WIA staff members. The case manager will meet with each participant weekly to monitor their progress, assist with supportive services, and provide job skills training (e.g. restime writing, interview skills, etc). These activities will ensure the success of the youth's goals by time of exit. In general, WIA participants will need to attend the program on a daily or weekly basis in order to comply with the requirements of the program. Participants will be supported through a variety of (daily /weekly /monthly) activities that will keep them interested and engaged in the program. VII. Training A. What type(s) of training will be made available to youth? List the title of training certificates. OCCTAC currently offers WIA participants 3 state certificate programs at our agency in partnership with the Santa Ana College. WIA participants are encouraged to enroll in any of the following certificate programs: 1) the Mental Health Paraprofessional Certificate Program, 2) the Administrative/ Executive Assistant Certificate Program, and 3) the Child Care Worker Certificate Program. Please see below Table 3 for more information regarding our certificate programs. Z5 A355 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative TABLE 3: State Certificate Proerams at OCCTAC in nartnershin with the Santa Ana CrillPar- PROGRAIVI ::. DESCRIPTION - "- -- --- -Days/'IiInes ; Executive Administrative This program prepares students for in -depth training in M,T,W, Thurs Assistant Certificate Program executive secretary /administrative assistant positions. The Health Mental Health open -entry/open exit, competency -based format promotes 4:00 — 8:30 pm & case success in a high employment occupational field. The program MECCA and Community Sites *State Cert 7cate Program develops skills in research, report and correspondence preparation, advanced computer software applications, Child Care Child Care Worker database management, interactive presentations, customer SAC Curriculum service and telephone techniques, and other advanced office OCCTAC *State Certificate Program procedures. Executive /Administrative Mental Health Students learn basic skills for employment as a Tuesdays Paraprofessional Paraprofessional mental health worker. They acquire (6:00 — 9:00 pm) Certificate Program knowledge about the treatment of psychological and behavioral health disorders and the philosophy of delivery of mental Thursdays Learning Academy at health services to improve entry into this field. This certificate (6:00 — 9:00 pm) Instructional Assistant program develops competency for vocational success that Education allows students to attain skill development in basic delivery of Saturdays First Five Early Childhood services, documentation and reporting, introduction to human (1:00 — 5 ;00 pm) Early Start Program at development, principals of case management, working with families and employability, Training" Child Care Worker Students learn about health information required for licensing M, W, F Certificate Program and skills necessary for successful operation of a childcare business. Also, students learn soft skills for those who would 8:30 am — 12:00 prefer to be employed by a childcare business. pm In addition to our state certificate programs, WIA participants will be required to meet individually with key staff, participate in daily and weekly educational trainings, and monthly workshops. Participants will also engage in weekly "hands -on" work experience and job training opportunities at our agency and other community sites. The following tables 4 & 5 demonstrates the variety of programs that we offer at OCCTAC and how WIA participants can choose from any of these programs /fields to fulfill their career goals and work experience. Please see below Table 4 for an overview of the various "hands -on" job training programs, mentoring and work experience opportunities at OCCTAC. TABLE 4: Men oring & Job Training Pro rams at OCCTAC Area of Job Tale Placement & . Educational/Trair%%ng " Txamin' Work.Ex erie'nce" Curriiculum` Health Mental Health OCCTAC, Pacific Clinics, Pacific Clinics Curriculum & case Paraprofessional Worker MECCA and Community Sites *State Cert 7cate Program management Child Care Child Care Worker Early Start Program at SAC Curriculum OCCTAC *State Certificate Program Office /Reception Executive /Administrative OCCTAC office SAC curriculum Computers Assistant & Community sites *State Certificate Program Customer Service Education Tutor or Learning Academy at OCCTAC & Host Curriculum Instructional Assistant OCCTAC & community sites Education Teaching Assistant Early Intervention/ First Five Early Childhood Early Start Program at curriculum, High Scope & "Hands on OCCTAC Training" Arts Teaching Assistant After- School Arts Program CA Performing Arts Standards AAP1356 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative Furthermore, WIA youth will be encouraged to participate in additional programs that we have at our agency to give youth more opportunities and "hands -on" experience on a variety of fields (health, education, arts and technology), so they can gain as much work experience as possible TABLE 5: Additional Job Training Programs for WIA Youth mentored by NON -WIA staff at OCCTAC at OCCTAC Curriculum and "Hands -on" Arts Technology Technology Assistant Computers/Media LAB at .-Training SAC, Digital Media Center 8:30 am —11:30 am Graphic Artist OCCTAC & Santa Ana OCCTAC curriculums & Audio Engineer Intern Business Owners "Hands -on" Photoshop & Illustrator, The ASA for Life program provides artistic training in the fields of Film Production Intern St. Andrews Church & graphic design training 3:30 pm — 8 :30 pm Rytmo & other Recording Recording Technology Training Studios Softwares Pro -Tools & S bellius Furthermore, WIA youth will be encouraged to participate in additional programs that we have at our agency to give youth more opportunities and "hands -on" experience on a variety of fields (health, education, arts and technology), so they can gain as much work experience as possible TABLE 5: Additional Job Training Programs for WIA Youth mentored by NON -WIA staff at OCCTAC Youth who successfully complete their training program are recommended and sometimes hired as tutors or teacher assistance to work in OCCTAC's Learning Academy or Wraparound programs. Additionally, OCCTAC will support youth with job readiness workshops, participation in job fairs, resume preparation, one -on -one job skills training, career coaching and referrals. All WIA participants will be paid for their "hands -on" job training in the placement site of their choice at OCCTAC program (e.g. Administrative Assistant, Arts programs, Learning Academy, etc.). During the last 4- months of the program, WIA participants will transition out of work experiences at the center and into job interviews and other opportunities in the community. The case manager will work closely with SAUSD TPP job developer, Santa Ana Work Center, Santa Ana business, and other community agencies to attain job leads for the youth. In partnership with Santa Ana College /Centennial Education youth will be encouraged to enroll into post- secondary education or a short-term vocational training program. In collaboration with SIATech (housed at OCCTAC), those youth who have not completed their secondary education will be encouraged to co- enroll. B. What occupations will the training lead to? Are those occupations in demand? Please elaborate. OCCTAC programs and services support the High Growth Training Initiative as identified by the US Department of Labor. Within the 14 -high growth industries identified, our participants will obtain training related to the Information and Technology field, Health related field, and the fields of Education (Science and Math). As the participants master their basic skills and commit to taking on new challenges, they will emerge from the program better prepared to accomplish both short and long -term employment goals. The WIA participants will spend more time in the area of math, technology and health. OCCTAC is utilizing curricula to F P 357 in Early Start Program The Early Start program is and early intervention program that integrates Monday/Wednesday very young children (6 months to 3 years of age) with and without 8:30 am —11:30 am special in a natural community environment with their parents. It aims at Fridays enhancing students' cognitive, language, motor and social development. 8:30 am — 1:00 pm After School Arts The ASA for Life program provides artistic training in the fields of Monday — Friday Program Music, Visual Arts, Dance, Musical Theatre, and Technology training to 3:30 pm — 8 :30 pm at -risk youth, and children with disabilities in the community. And Saturdays 9:00 am — 5:00 pm. Therapeutic Arts This program serves children and youth with disabilities of all ages and Monday — Friday Program special needs, including: learning disability, health impairments, physical 3:30 pm — 8:30 pm disability, developmental disabilities and others. Saturdays 9:00 am — 5:00 prn Learning Academy This program provides homework support and tutoring to students (ages Monday — Friday & Tutoring Program 3 — 13 yrs) in Language Arts (reading and writing), math, and other 4 :00 — 6:00 pm academic subjects. Saturdays 9:00 am — 5:00 prn OCCTAC This program provides outreach, prevention, referrals and engagement Various daysAimes Family Wellness with individuals at -risk of mental health problems. Other support throughout the week Program services include parenting, counseling, and support groups. Youth who successfully complete their training program are recommended and sometimes hired as tutors or teacher assistance to work in OCCTAC's Learning Academy or Wraparound programs. Additionally, OCCTAC will support youth with job readiness workshops, participation in job fairs, resume preparation, one -on -one job skills training, career coaching and referrals. All WIA participants will be paid for their "hands -on" job training in the placement site of their choice at OCCTAC program (e.g. Administrative Assistant, Arts programs, Learning Academy, etc.). During the last 4- months of the program, WIA participants will transition out of work experiences at the center and into job interviews and other opportunities in the community. The case manager will work closely with SAUSD TPP job developer, Santa Ana Work Center, Santa Ana business, and other community agencies to attain job leads for the youth. In partnership with Santa Ana College /Centennial Education youth will be encouraged to enroll into post- secondary education or a short-term vocational training program. In collaboration with SIATech (housed at OCCTAC), those youth who have not completed their secondary education will be encouraged to co- enroll. B. What occupations will the training lead to? Are those occupations in demand? Please elaborate. OCCTAC programs and services support the High Growth Training Initiative as identified by the US Department of Labor. Within the 14 -high growth industries identified, our participants will obtain training related to the Information and Technology field, Health related field, and the fields of Education (Science and Math). As the participants master their basic skills and commit to taking on new challenges, they will emerge from the program better prepared to accomplish both short and long -term employment goals. The WIA participants will spend more time in the area of math, technology and health. OCCTAC is utilizing curricula to F P 357 in OC Children's Therapeutic Arts Center 2013 -14 Program Narrative build core competencies to train workers; identify and disseminate career and skill information and increase the integration of community and technical college activities with industry and the public workforce system. C. How will the training assist youth in obtaining employment? As the participants master their basic skills and commit to taking on new challenges, they will emerge from the program better prepared to accomplish both short and long -term employment goals. OCCTAC is utilizing curricula to build core competencies to train workers; identify and disseminate career and skill information and increase the integration of community and technical college activities with industry and the public workforce system. Through this type of training, WIA participants develop the necessary tools to create a career path that compliments their skills, while meeting the skill needs of the employer within targeted industries. Additionally, WIA participants develop an understanding about what motivates and inspires them to attain additional skills and training and /or education to advance in other career opportunities. As mentioned previously, those youth who successfully complete their training program are recommended and sometimes hired as tutors or teacher assistants to work in OCCTAC's Learning Academy or After- School Programs. Furthermore, the case manager will work closely with SAUSD TPP job developer, Santa Ana Work Center, Santa Ana business, and other community agencies to attain job leads for the youth. D. What employers recognize the certificates? OCCTAC provides State recognized Certificate programs in partnership with the Santa Ana College. Therefore, any employer should recognize these certificate programs. VIII. Tutoring/Mentoring /Support A. What type of tutoring resources will be made available to help improve youth's literacy /numeracy skills? As mentioned previously, WIA participants will be provided with weekly assistance in Literacy and Numeracy on a one -on -one basis via the Literacy and /or Numeracy coaches. The coaches will review the TABE pre -test to determine student needs and establish specific goals for tutoring sessions. To ensure that youth with disabilities are provided with the best service, the case manager and tutors will also work with SAUSD TPP to attain Individualize Education Plan (IEP) and accommodate tutoring sessions as needed. Also, OCCTAC uses innovative teaching strategies that focus on creative approaches to engage participants in the learning process. Every year, OCCTAC has been successful in increasing the numeracy and literacy rates of WIA participants! Furthermore, OCCTAC's Learning Academy Program provides WIA participants the opportunity to tutor younger children in our "Learning Lab" so they can apply the skills that their mentors/ tutors are teaching them. The learning lab is not only a great vehicle for WIA participants to practice what they have learned, but also a great vehicle to enhance their self- esteem, boost their confidence and learn mentoring and leadership skills? Furthermore, OCCTAC partnered last year with SIATech (School for Integrated Academics and Technologies) to provide alternative secondary school services to participants that need to earn their high school diploma. SIATech is housed at our agency to provide easy access to participants on a daily basis. As a partner, SIATech provides OCCTAC with a partnership to a public school that enables the WIA participants to earn their diploma, attain industry- standard certifications and increase their literacy and numeracy abilities. The SIATech principal, Ronald Stagg, participates in community meetings and activities and supports OCCTAC in its endeavors whenever possible. Also, a credentialed Special Education teacher is available to assess students and write IEP or 504 plans for students. The teacher also provides professional development to OCCTAC and other Santa Ana YSPN members in working with students who have special needs. This support provides OCCTAC with the ability to serve more at -risk populations including youth who are in the foster care system who are often credit deficient and may have special needs. SIATech is a network of accredited public charter high schools for students ages 16 to 24. Like other public schools, SIATech is free and does not charge tuition. The Santa Ana SIATech Independent Study Program provides a quality academic program that emphasizes literacy, numeracy, and workplace - readiness skills. Students learn common core content standards through applied academics and software training. The E2 =058 11 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative curriculum can be accessed online so students can complete coursework anytime, day or night. Students can work at their own pace at home or in SIATech's computer lab (open Monday through Friday). Students also meet one -on -one with their teacher to ensure they are on track to graduate. SIATech students can earn a High School Diploma and receive Internet Core Computing Competencies (IC3) certification that meets the WIA common measures. The IC3 certification can be made available to other WIA participants who are not SIATech students for a fee. Students at SIATech also show gains in Literacy and numeracy that support common measures. SIATech accepts referrals from all YSPN providers including Taller San Jose, NAPSAC, Orange County Conservation Corps, Santa Ana Public Library, and the Santa Ana WORK center. WIA eligible out of school youth and adult participants aged 18 to 24 are eligible to enroll in SIATech. B. What type of mentoring will be made available to youth? As stated previously, OCCTAC offers a variety of programs to WIA participants. Youth can choose from any of these programs /fields to fulfill their career goals and work experience. WIA staff and Non -WIA staff mentor the youth and provide "hands -on" work experience opportunities at our agency. TABLE 4: Mentorin2 & Job Training Programs at OCCTAC Ar.,ea of"` Jab Title '" "Placement &..' Edncaiional/Training - Training Monday /Wednesday Work`Ex "eri6zrce . "` Curriculum Health Mental Health OCCTAC, Pacific Clinics, Pacific Clinics Curriculum & case Paraprofessional Worker MECCA and Community Sites *State Certificate Program management Monday — Friday Program Music, Visual Arts, Dance, Musical Theatre, and Technology training to Child Care Child Care Worker Early Start Program at SAC Curriculum OCCTAC *State Certificate Program Office /Reception Executive /Administrative OCCTAC office SAC curriculum Computers Assistant & Community sites *State Certificate Program Customer Service Education Tutor or Learning Academy at OCCTAC & Host Curriculum Instructional Assistant OCCTAC &..community sites Education Teaching Assistant Early Intervention/ First Five Early Childhood Early Start Program at curriculum, High Scope & "Hands on OCCTAC Training" Arts Teaching Assistant After- School Arts Program CA Performing Arts Standards at OCCTAC Curriculum and "Hands -on" Arts Training Technology Technology Assistant Computers /Media LAB at SAC, Digital Media Center Graphic Artist OCCTAC & Santa Ana OCCTAC curriculums & Audio Engineer Intern Business Owners "Hands -on" Photoshop & Illustrator, Film Production Intern St. Andrews Church & graphic design training Rytmo & other Recording Recording Technology Training Studios Softwares, Pro -Tools & S bellius Furthermore, WIA youth will be encouraged to participate in additional programs that we have at our agency to give youth more opportunities and "hands -on" experience on a variety of fields (health, education, arts and technology), so they can gain as much work experience as possible ABLE 5: Additional Job Trainin Pro rams for WIA Youth mentored b NON -WIA staff at OCCTAC EPA 359 DA '. lines,`. .a Early Start Program The Early Start program is and early intervention program that integrates Monday /Wednesday very young children (6 months to 3 years of age) with and without 8:30 am —11:30 am special in a natural community environment with their parents. It aims at Fridays enhancing students' cognitive, language, motor and social development. 8:30 am — 1:00 pm After School Arts The ASA for Life program provides artistic training in the fields of Monday — Friday Program Music, Visual Arts, Dance, Musical Theatre, and Technology training to 3 :30 pin — 8:30 pm at -risk youth, and children with disabilities in the community. And Saturdays 9:00 am — 5:00 m EPA 359 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative Therapeutic Arts This program serves children and youth with disabilities of all ages and Monday — Friday Program special needs, including: learning disability, health impairments, physical 3:30 pm — 8:30 pm disability, developmental disabilities and others. Saturdays 9:00 am — 5:00 pm Learning Academy This program provides homework support and tutoring to students (ages Monday — Friday & Tutoring Program 3 — 13 yrs) in Language Arts (reading and writing), math, and other 4 :00 — 6:00 pm academic subjects. Saturdays 9:00 am — 5:00 pm. OCCTAC This program provides outreach, prevention, referrals and engagement Various days /times Family Wellness with individuals at -risk of mental health problems. Other support throughout the week Program services include parenting, counseling, and support groups, C. What type of services or support will be made available to youth facing challenging life obstacles? WIA participants receive a wide variety of support services at OCCTAC. These include individual mentoring, individual counseling, support groups, life skills and leadership training, academic support, tuition support for certificate /vocational programs, books for related course work, work related supplies, portfolios, tutoring supplies, bus passes, gas cards, and finger printing and TB tests are covered for work related requirements. IX. Employment A. What type of services /resources will be provided to help youth attain employment? What is the program plan to ensure that you attain employment? OCCTAC program services support the High Growth Training Initiative as identified by the United States Department of Labor. Within the 14 -high growth industries identified, our participants will obtain job training related to the Information and Technology, the Health related Industries, and the fields of Education and the Arts. The participants will receive several services /resources to help with the attainment of employment. To begin, all youth will be placed to work at OCCTAC, or one of our partner agencies, and will have the opportunity to engage upon a field of interest (customer service, education, music technology, and the arts). These placements will help youth gain skills crucial to any work environment. To monitor progress, participants will be evaluated monthly by their work experience supervisor and areas of strengths and weaknesses will be addressed. This information will allow the youth and case manager to establish areas that need improvement and therefore guide job skills training sessions. With this said, participants will be meeting with the case manager at least once a month for training and employment guidance. During these one -on -one meetings, the youth will be working on professional resumes, cover letters, job search, and job applications. Moreover, they will have the opportunity to prepare for job interviews and conduct cold calls to employers within the community. By the 3rd QT of the program year, the Case Manager and youth will be meeting more frequently to ensure that job applications are submitted on a regular basis and that youth are following through with scheduled interviews. These meetings will give youth an opportunity to enhance those employment skills they continue to struggle with while allowing the Case Manager to monitor progress of employment goals. B. What employers do you have partnerships with that will hire youth? OCCTAC has partnerships with various businesses in Santa Ana, as well as non - profit organizations that are always looking to hire youth. Another important partnership is MECCA. MECCA (Multi - Ethnic Collaborative of Community Agencies) is a consortium of non - profit social service agencies and health centers. OCCTAC has been part of this new and exciting coalition for the past two years! OCCTAC provides WIA participants internship opportunities with MECCA and this gives WIA youth the opportunity to be hired by MECCA. This coalition has several important County of Orange Health Care Agency contracts to provide health care education, outreach and engagement to the various ethnic communities all over Orange County. OCCTAC is lucky to be part of this coalition and bring work experience and job opportunities to WIA youth. C. What employers do you have partnerships with that will provide work experience? In addition to MECCA, OCCTAC has recently joined forces with the Coalition of Orange County Health Center's. This Coalition is the leading agency representing safety net community clinics in Orange County. Together with E.gpA 360 VA OC Children's Therapeutic Arts Center 2013 -14 Program Narrative MECCA and the Coalition of Orange County Health Center's, OCCTAC will have plenty of work experience opportunities for WIA participants! D. What types of employment services will be provided to youth after exit that will assist youth with employment retention, overcome transportation issues, and become self - sufficient? Youth will continue to receive the same services they were getting during the first phase of the program. In particular, during the months of July- September, the Case Manager will meet with the youth at least once a month in order to monitor progress with job search, if goal is not attained by exit, as well as job retention. Workshops as well as incentives will be provided to the youth as it is sought fit so they continue to develop skills and be successful with employment attainment /retention. Also, the OCCTAC staff will provide 12 -month follow -up services for "exited" participants. OCCTAC is committed to empowering transitional age youth with and without disabilities to reach their highest potential in life. WIA participants that exit the program will be encouraged to continue to participate in monthly Life Skills Training, monthly Support groups, individual counseling, as well as well as any other support services they may be in need of. OCCTAC staff will be available to support participants, whenever needed. In summary, the case manager and career counselor will communicate monthly with the youth during the follow -up phase of the program. Youth will continue to receive employment assistance (such as resume updating, interviewing skills, etc.), academic support, mentoring, and incentives for goal attainment. Follow -up services will include: a) providing job placement and referrals, b) job retention assistance, c) communicating with employers of WIA graduates to ensure success, and d) work with Santa Ana Work Center and other business to help youth find jobs within the community. X. Post - Secondary .Education A. What types of services will be provided to help youth enter post - secondary education such as college, apprenticeships, vocational training, etc.? What is the program plan to assist youth in entering post- secondary education? The WIA case manager and career counselor meets regularly with each WIA youth to discuss job leads, employment opportunities and post- secondary education. The case manager helps youth with employment and the career counselor helps youth with entering post- secondary education. As mentioned previously, OCCTAC has a strong partnership with the Santa Ana College, as well as other local universities, such as, Cal State Fullerton, Chapman University and University of California, Irvine. B. Will the program expose youth to various post - secondary educational institutions (colleges, universities, vocational training schools, apprenticeships, etc.)? Yes, all year round the WIA youth attend field trips to the various colleges and universities so they can get motivated and encouraged to enroll in any of these institutions with the help of the case manager and the career /educational counselor at OCCTAC. XI. Common Measures: A. Improve Literacy/Numeracy Skills (40 %) 1. How will your program ensure that youth who are basic skills deficient will improve their literacy /numeracy skills? What will the steps /schedule /timeline be to accomplish this goal? OCCTAC has demonstrated commitment in helping WIA youth with and without disabilities improve their literacy and numeracy skills as evidenced in last year's outcomes (90%)! In summary, our WIA Literacy and Ntuneracy tutors will meet with each participant at least once a week upon the completion of the initial TABE assessment. Our agency's goal is that each youth increases by at least two Educational Functional Levels at time of post- test. By providing effective and individualized tutoring sessions we can ensure that our youth are able to increase their basic skills. In the past, OCCTAC has been very successful in the attainment of these goals and thus is committed in continuing to assist participants with and without disabilities. As stated above, OCCTAC has demonstrated commitment in helping WIA youth with and without disabilities improve their literacy and nwneracy skills as evidenced in last year's outcomes (90 %)! Please see prior outcomes section XII that EA§P 361 ,A OC Children's Therapeutic Arts Center 2013 -14 Program Narrative demonstrates our efforts and commitment to help youth who are basic skills deficient improve their literacy /numeracy skills. 2. What other methods /assessments aside from the TABE test will be used to determine the improvement of the youth's Iiteracy /numeracy skills? As previously stated, the TABE test will be used to determine the specific Literaey/Numeracy needs of the participants and how to navigate the tutoring sessions for each. OCCTAC will also work closely with SAUSD Special Education TPP (Transition Partnership Program) staff to attain Individualized Education Plans for those youth with disabilities and determine how we can best accommodate them. This information will aid the Case Manager and other WIA staff in the determining effective placements for each youth, and it will also provide a guide in their educational /academic goals. B. Attain Employment or Enter Post - Secondary Education (65 %) 1. How will your program ensure that youth will attain employment or enter post- secondary education? OCCTAC has demonstrated commitment in helping WIA youth attain employment or enter post- secondary education as evidenced in last year's outcomes (81%)l In summary, OCCTAC case manager and the career counselor will continue to meet regularly with the WIA participants to ensure at least 65% of placements in employment or education. During these meetings youth are provided with career guidance (e.g. educational Programs, college application, FAFSA completion, etc.) and job skills training (e.g. customer service, phone etiquette, etc.). Moreover, the case manager and counselor assists youth with job leads, resume writing, interview preparation, and other job readiness skills. As stated above, OCCTAC has demonstrated commitment in helping WIA youth attain employment or enter post - secondary education as evidenced in last year's outcomes (81 %)! Please see prior outcomes section XII that demonstrates our efforts and commitment to ensure that youth will attain employment or enter post - secondary education. 2. Describe the steps /schedule /timeline that will take place to accomplish this goal. As mentioned previously, in order for participants to get the full benefit of our program and each component offered, WIA participants are required to commit to at least 6 months of training and work experience. It is understood that many WIA participants have demanding circumstances in their lives, which, often dictate their ability to maintain their established training and work schedule. However, the OCCTAC staff is committed in supporting WIA participants' efforts towards achieving their educational and career goals. The frequency of program activities is shown below in Table 2. Please see below the frequency and type of program activities that vary daily, weekly and monthly. TABLE 2: Frequency of Program Activities & OCCTAC/ WIA Staff Interaction Daily /sWeekly Activities BoMonthly Activities MoritNly'Activtes Emphasis: Career Training Skills, Emphasis: Employability /Job Emphasis: Life Skills and Tutoring & Work Experience Skills & Career Goals Leadership Training Attend daily educational /career training Meet with Case Manager at least Participate at least once a month in life- skills in order to complete state certified twice a month to discuss goals, skills sessions or leadership training programs; Administrative Assistant progress, performance levels, provided by the counselor and /or when Certificate or Mental Health and learn job skills, necessary referred to a licensed MFT for Paraprofessional Worker (Class is taught services. Monday — Thursday, 2 his. each day) Meet with Literacy and Math Coach to Meet with the Educational and Participate once a month in a social/ support receive weekly tutoring in academic/ Career Counselor to discuss group with other participants, staff & guest basic skills. educational and career goals and speakers. Participate in weekly educational and pursue higher education career training skills with OCCTAC staff programs or enroll in another to engage in work experience with WIA certificate program outside of and other non -WIA support staff at the OCCTAC. center. 1=Z §Pa 362 15 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative C. Attain a Credential/Diploma /Certificate (61 %) 1. How will your program ensure that youth that youth will attain a credential /diploma /certificate? OCCTAC has demonstrated commitment in helping WIA youth attain a credentiaUdiploma/certificate, as evidenced in last year's outcomes (92 %)! As mentioned previously, OCCTAC currently offers 3 state certificate programs in partnership with the Santa Ana College: 1) Child Care Worker Certificate Program, 2) Executive Secretary /Administrative Assistant Certificate Program, and 3) Mental Health Paraprofessional Certificate Program. All WIA youth are encouraged to enroll into a certificate program of their choice. The WIA participants are also encouraged to enroll into other certificate programs with other institutions in the community. By effectively providing these opportunities, OCCTAC is meeting the 61 % degree or certificate attainment goal, OCCTAC has demonstrated commitment in helping WIA youth attain a credential/ certificate /diploma as evidenced in last year's outcomes (92 %)! Please see prior outcomes section XII that demonstrates our efforts and commitment to ensure that youth will attain employment or enter post - secondary education. Furthermore, and as mentioned previously OCCTAC partnered last year with SIATech (School for Integrated Academics and Technologies) to provide alternative secondary school services to participants that need to earn their high school diploma. SIATech is housed at our agency to provide easy access to participants on a daily basis. As a partner, SIATech provides OCCTAC with a partnership to a public school that enables the WIA participants to earn their diploma, attain industry - standard certifications and increase their literacy and numeracy abilities. This support provides OCCTAC with the ability to serve more at -risk populations including youth who are in the foster care system who are often credit deficient and may have special needs. 2. Describe the steps /schedule /timeline that will take place to accomplish this goal. As noted above on Table 2, WIA participants will need to attend daily or weekly programs in order to accomplish this goal. Since every WIA participant has a different experience and/or educational background, our WIA staff will work with each one individually to help them accomplish their educational and career goals. XII. Prior Outcomes for OCCTAC m on Mea Cos ure s :..;. 2009 = 10 120101' Increased Literacy /Numeracy Skills 6/9 =66% 14/19 =73% 19/21 =90% 40% Entered Employment or Post - Secondary 4/7 =57% 10/17 =58% 18/22 =81% 65% Attained Credential /Diploma /Certificate 3/5 =60% 10/13 =76% 13/14 =92% 61% XIII. Facility A. Provide the address and major cross streets of the location where program services will be delivered. Most of the services will be provided at our current facility located between Main, Broadway, and Buffalo streets. The exception might be when the program requires interaction and support with partnering agencies and employment related opportunities. If participants have transportation challenges, we will assist them in finding alternate transportation, such as public transportation, and Metrolink. Students also will be assisted to obtain services through ACCESS which serves individuals with disabilities. Also, participants will be provided with bus passes by OCCTAC or the SAUSD TPP program staff to alleviate transportation challenges. B. Indicate hours of operation for the youth program facility. OCCTAC has long operations hours (8:30 am — 8:30 pm). Also, we are open in the evenings and in the weekends. Furthermore, the OCCTAC facility is FDo 363 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative located strategically close to bus terminals for the convenience of the youth and our families. There are many SAUSD schools in the vicinity, as well as easy access to public transportation. Youth can also take the bus or in some instances walk to the Center. Therefore, our hours of operations, location, and wide variety of programs make our services very accessible to youth in Santa Ana. The hours of operation for OCCTAC are as follows: Days Monday Tuesday Wednesday Thursday Friday Saturday Sunda Hours 8:30 a.m. - 8:30 p.m. 8:30 a.m. - 8:30 .m. 8:30 a.m.- 8:30 .m. 8:30 a.m. - 8:30 p.m. 8:30 a.m. - 8:30 p.m. 8:30 a.m. - 5:00 p.m. Closed C. Describe what makes your facility youth friendly and suitable for the program. OCCTAC has been in operation for 13 years providing many services to the Santa Ana community. Our programs prioritize on youth. Therefore, our agency is a perfect environment for WIA participants to feel nurtured, comfortable and in a friendly environment! OCCTAC is a perfect environment that is suitable for the proposed WIA services. D. Majority of communication between the Provider and Navigator will be via email, will the facility have internet access for staff and youth? OCCTAC provides internet access to WIA program staff, as well as to all WIA participants. Technology is an essential component of our program since many older youth are highly interested in careers involving technology. All WIA participants have access to our computer lab, as well as to those located in the WIA offices, where the staff is available to assist them. Currently, we use the Microsoft Office Suite, including Word, Power- point, Excel, PageMaker, Photoshop and Imperisoft, a web -based registration system for student registration, attendance and other software programs. This year we have also added a Music Technology component to our WIA program that utilizes sophisticated technology software programs, such as "Sybellius" and "Pro- Tools" to train our youth with the basics of Recording Technology! E. The facility needs to be compliant with the Americans with Disability Act (ADA) of 1990, please answer complete the ADA/EEO Survey (see attachment H). Our facility is accessible and compliant with all ADA guidelines and regulations. XIV. Fiscal Capacity A. Describe the process used to capture and report fiscal data. All invoices or vendor statements will be initialed by the Executive Director prior to signing the check to pay that bill or invoice. After checks are printed and signed, the accountant shall mark "Paid" with the date of payment and check number utilized for payment. All disbursements shall be reviewed and approved by the Executive Director. A monthly review of all disbursements shall be conducted by the Accounting clerk and reviewed by the Executive Director and the Finance Committee for verification of accuracy, documentation and appropriate approval. The Executive Director shall be authorized to expend funds as approved by the Board of Directors wider the organization's annual operating budget. B. Attach a copy of the organization's procurement policies and procedures. See attached documents. C. What systems are used to ensure fiscal accountability and appropriate expenditures, and planned costs? All requests for reimbursement shall be reviewed and approved by the Executive Director and OCCTAC Board of Directors. All reimbursements are subject to budgetary limitations as established in the organization's approved operating budget. No reimbursements are made without appropriate backup documentation. Please see details below of the accounting system used at OCCTAC: • Accounting Method: OCCTAC utilizes a modified accrual -based account methodology. • Cost Allocation Method: Costs are allocated using the Direct Cost Allocation Method (0I3M Circular A -122). OCCTAC classifies each item to a specific program, department, site, grant or contact that it directly relates to. Indirect expenses like general administration and general expenses are allocated based on the allowable budgeted portion of each program with the remaining portion to the center's administrative category. OCCTAC shall produce financial reporting for each of the Center's program functions, In consolidation, these programs shall make up the overall financial position of OCCTAC All transactions (Payments and cash receipts) that occur at the center shall be classified under identified categories and programs. FTA 364 17 OC Children's Therapeutic Arts Center 2013 -14 Program Narrative When program funding is split between two or more sources, the cost allocation for this program shall conform to the budget allocations established in the program. Bud ets: Under the guidance of the Finance Committee and prior to the beginning of each fiscal year, the Executive Director prepares an Operational Budget, including Program Budgets. Tuition fees, Service fee rates, etc., shall be approved by the Board. Any gifts (monetary or otherwise) resulting from fund - raising activities, solicitations and acceptance of gifts or contributions that are presented with restrictions of use shall be approved by the Board of Directors and submitted to the finance committee to verify the appropriate method of accounting and reporting. Receivables: Receivables shall be aged monthly and delinquent accounts shall be followed up for collection. Receivables from miscellaneous sources shall be reviewed periodically by the Treasurer and significant amounts shall be reported to the Board of Directors. All write -offs shall require approval from the Finance Committee prior to implementation. The Board shall review all write -offs from uncollectible accounts receivables, Deposits and Receipt of Monies: Deposit of monies are made on a weekly basis, or whenever more than one thousand dollars (in either cash or check) has been received and recorded by the OCCTAC office. All items to be deposited are and shall be stamped "For Deposit Only" to the Account of OCCTAC with the appropriate bank account number, A deposit form for established OCCTAC accounts shall be completed with deposit slip details for cash or multiple checks. A copy of the deposit form, slip and all items to be deposited shall be made for accounting purposes and upon completion of the deposit attached to the deposit slip and turned into the accounting revenue in -box. To ensure appropriate financial controls, the individual making deposits shall not be the same person reconciling the OCCTAC account. All funds received shall be recorded in the accounting system and filed in the locked accounting file cabinet. Disbursements: All disbursements are and shall be made by checks drawn on the established operating checking account for the OCCTAC. All disbursements shall utilize pre - numbered checks used in sequence. Any and all "voided" checks are and shall be mutilated and notes on the voided check stub. At no time shall disbursements be made to "bearer" or to "cash ". All banking materials, records, blank checks, and deposit books are and shall be maintained in secure cabinets in the OCCTAC office under the supervision of the Executive Director and Accounting clerk. Only those individuals authorized to handle check stock as their part of their accounting duties for OCCTAC account shall. have access to these banking materials. Disbursements are prepared from original invoices. Each disbursement shall require submission of a purchase request form and appropriate backup documentation, Invoices shall be date stamped upon receipt and marked "approved for payment." Reconciliation of Accounts: All OCCTAC bank accounts are reconciled monthly. A monthly review of all accounts and financial reports are prepared by the Board Treasurer or designated Finance Committee Member. Files and Records: OCCTAC shall maintain hard copy files for all operational and business transactions that occur. Files shall be separated into the following categories: a) Accounting records, b) Grant documentation, c) Tax filings; Donors, d) Legal /Insurance /License /Permits, e) OCCTAC Programs, f) Personnel documents and files, g) Vendor and Client contracts and other documents. OCCTAC maintains electronic and hardcopy records of all accounting transactions and financial reporting. All electronic records are be copied and stored in a secure, off site location or in a web based file storage system, which is the server. All financial and accounting hardcopy files are stored in secure -- lockable file cabinets. Requests for financial documentation get processed through the accounting staff Le, copy of original document. Original financial documentation remains in the file /s cabinet at all times. D. Describe invoicing process and list qualifications of staff assigned to task. OCCTAC accounting clerk creates monthly WIA invoices to submit to the City based on expenses incurred during the month. After the Coordinator and the Executive Director review and approve the program expenses, the Accounting clerk enters the data from the participants' stipends and /or time sheets, program staff as well as related expenses into the accounting system to generate an invoice. The invoice will be on the appropriate form provided by the WIA Contract and submitted for reimbursement. E. Describe how agency's financial stability is not dependent on WIA funds. The Orange County Children's Therapeutic ARTS Center has a variety of funding sources: (1) contracts, (2) grants, (3) donations, (4) fee for service, and (5) fundraising. OCCTAC continues to maintain current contracts, as well as enter into new contracts with key community partners. Last year, OCCTAC stared a new contract with the County of Orange, Health Care Agency to provide prevention and family wellness programs. We anticipate a steady revenue increase, as we continue to grow this year with our new county partners and MECCA. In addition, and as part of the OCCTAC's long -term sustainability plan, the Executive Director and our board of directors have agreed to continue to diversify OCCTAC's funding sources by focusing some more on (1) donor solicitation, and (2) social enterprise ventures. F. Submit most recent 2 years of audited financial statements. Please see attachments for 9901s. XV. Subcontracting- OCCTAC does not subcontract client services /activities under this contract. FPQ365 ,Q OC Children's Therapeutic Arts Center 2013 -14 Program Narrative XVI. Budget Narrative - Please see Budget Narrative below. XVII. Budget — Please See Attachment B for Budget Form. XVIII. Attachments - Please see Attachments: Letters of Support /partnership, Policies, and Program Forms. Apj 366 ,4 Orange County Children's Therapeutic ARTS Center 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www,occtcc.org 501(c)3 Federal Tax ID# 33- 0930891 Paid Youth Work Experience Policy WIA Program 2013 -2014 Purpose: To establish guidelines for the youth's paid work experience placements while enrolled in OCCTAC's Workforce Investment Act (WIA) program. Procedures: Stipend Period: Four Stipend Periods - First 100 hours of participation Most youth are able to complete their first 100 hours of participation in about 2 months. During the first two months of participation, all youth will be required to attend regularly for about 10 -20 hours a week. For their consistent participation, youth will receive a $150.00 stipend after they complete the first 25 hours. Youth will receive three more stipends, each of $150.00, upon completion of the 2nd, 3rd, and 4th set of 25 hours, for a total of 100 hours. The stipend hours will be completed through difference venues: Case Management meetings, workshops, Educational counseling services, work experience placement, job skills training, weekly tutoring, etc. Hourly te: Once Youth completes the Four Stipend Periods Immediately after the completion of the first 100 hours of participation, those youth that have shown consistency will be encouraged to work between 15 -25 hours per week until their job training period is completed. These youth will be paid $8.00 per hour. ifi 67 Orange County Children's Therapeutic ARTS Center 2215 North Broadway Santa Ana, CA. 92706 (714) 547 - 5468 www.occtac.ora YOUTH PROTECTION POLICY These OCCTAC Protection Policy Guidelines are designed to help protect our youth in a proactive manner against verbal and sexual abuse (hereinafter "abuse "). OCCTAC prohibits any form of harassment of applicants, visitors, organization members, employees and especially YOUTH. All persons, including youth are to be treated with courtesy, dignity and respect at all times. Sexual harassment is defined as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. The definition encompasses many forms of offensive behavior and includes gender -based harassment of a person of the same sex as the harasser. OCCTAC Staff and Volunteers must be able to identify abuse when they see it, know their responsibilities to report suspected abuse, and provide a quality of leadership that will ensure that no child becomes the victim of abuse through willful act while participating in OCCTAC. Definition of Abuse Abuse is defined as verbal and sexual abuse, sexual harassment, and inappropriate sexual verbalization. The OCCTAC program requires OCCTAC staff and volunteers to provide good supervision, maintain safe surroundings, and ensure a safe and secure environment that eliminate and prevents opportunities for abuse. Touching Youth. Employees and Volunteers need to be mindful that an affectionate ( "harmless ") gesture towards a child could be construed as inappropriate by the child or the child's parent. Complementing Youth. A supportive comment or words of encouragement serve as positive reinforcement from the OCCTAC Staff and Volunteers for the youth's accomplishments and good behavior are safer than those comments related to appearance. Rewarding Youth. Should an employee or volunteer wish to give a reward or token gift to a child, it should be something that is given to other children in the same circumstances. Otherwise, the child or the parent could misconstrue the gesture. Photos of Youth Members OCCTACT policy prohibits the posting on the Internet of photos of youth identified in any way, such as by name, region, or club affiliation. The publication of photos of youth, identified or not, is permitted in OCCTAC and related publications whose distribution is limited primarily to OCCTAC staff. Interactions with Children/Youth An adult should NEVER be alone with a child or youth under any circumstances. Orange County Children's Therapeutic ARTS Center 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org 501(c)3 Federal Tax ID# 33-0930891 Supportive Services Policies and Procedures WIA Program 2013 -2014 Purpose: To establish guidelines for the issuance of supportive services to participants who are identified in need of such services. Goal is to aid this youth with their successful completion of OCCTAC's WIA program. Procedures: Eligibility Supportive services are available to those identified as approved WIA participants; have limited resources to meet basic needs; and have expressed the need of additional support to the Case Manager. Supportive services will be made available to participants while they are enrolled in all phases of the WIA program. These services are contingent upon approval by the Case Manager and OCCTAC Director. Provision of supportive service is not an entitlement. Availability of Funds and Assessment of Need: The fiscal advisor or the accounting clerk and the Executive Director will verify the availability of funds and notify the case manager. Supportive services are delivered contingent upon availability of fiords, the need of the participant and given on a first come, first serve basis. Initial assessment on need will be determined by the case manager and will be reviewed regularly. Logs of services will be kept on a regular basis and service(s) will also be case noted for documentation purposes. Transportation Assistance Guidelines: After identifying the need to transportation assistance and eliminating other resources, the case manager and the participant will develop a service plan and update progress in the case notes. Transportation assistau-ice is defined as the provision of a gas voucher or bus pass. No replacement bus pass or gas card will be issued in the event the participant loses his /her bus pass or gas card. Fingerprinting —Live Scan and TB Test: Participants who work with children and are placed in an educational setting will be required to undergo Fingerprinting —Live Scan though the Department of Justice and show a cleared TB Test. This supportive service will be available for participants on a case -by -case basis and determined by the case manager. 25a -369 Orange County Children's Therapeutic ARTS Center 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtoc.org 501 (c)3 Federal Tax ID# 33- 0930891 Books and /or Uniforms —Work Related Equipment A participant may need to purchase books, skill building tools or work related equipment to fully participate in returning to school and or a new job opportunity. A maximum of $300.00 will be allocated for specific needs on a case -by -case basis, i.e. Working Wardrobe — Interview outfit. Portfolios- Resume - Business Cards Related items for Job Search Tools Participants may put together a professional portfolio of work demonstrating their skills in the area of marketing, graphic arts and design related to Job - Search. Other: Any other miscellaneous type expenses not mentioned above may be considered with proper authorization. The request must be fully documented and all receipts in proper order. E2 -,�70 y a Orange County Children's Therapeutic ARTS Center 2215 N Broadway - Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occfac.org 501 (c)3 Federal Tax ID# 33-0930891 Incentives Policy and Procedures WIA Program 2013 -2014 Purpose: To establish guidelines for the incentives to participants who successfully commit and complete goals established during program participation. Goal is to aid enrolled youth with their successful completion of OCCTAC's WIA program. Procedures: Stipend Period (All enrolled youth): Youth will receive 4 stipends, each of $150.00, upon successful completion of first 100 hours of program participation. Please refer to "Paid Work Youth Experience Policy 2013 - 2014" for additional information on stipend period. 25 hours $150.00 25 hours $150.00 25 hours $150.00 25 hours $150.00 TOTAL: 100 hours TOTAL: $600.00 HS dropouts: Individuals who are HS dropouts at time of enrollment will be encouraged to attain a HS diploma or GED. Those who enroll into an institution yielding to a HS diploma or GED will be eligible to receive a $50.00 Gift card for every two (2) subjects they complete while enrolled in all phases of the WIA program. Doing so will encourage these WIA participants to commit to their educational goal and thus attain a secondary credential within a .reasonable amount of time. Case Manager, Educational counselor, and school representatives will communicate regularly to insure that students enrolled into their institution commit to their schedule and complete missing credits on a timely manner. _Basic Skills Deficient (BSD) youth: WIA participants who at time of enrollment are BSD will receive weekly tutoring in Math and/or Literacy. To encourage these participants, the weekly tutoring session will count towards their "stipend period" as well as "hourly rate ". Thus, essentially,. participants will get paid for committing to their weekly tutoring schedule. This incentive will aid in literacy /numeracy gains of each client. 2 5,QT47A1 _ �. « \\ e 2 ® \ ¥ | o d \ 0 . Sr } \ T R «* � ■ @ 4D Lu / ¢a Q M I.. _. ■ wQ� ®zR a go ca a E E % jco � § * co a § / ) $ U 5 J cc 0 $ O � o ƒ < ■ Ln O / g Ln 5 CD g o � 0 ® § ^U') 0 � « \\ e 2 ® \ ¥ | o d \ 0 . Sr } \ T R «* Orange County Children's Therapeutic ARTS Center 2215 N Broadway - Santa Ana, CA 92706 • 714,547.5468 - Fox 714.564.9690 - www.occtac.org 501(c)3 Federal Tax 1D# 33 -0930891 MIA OCCTAC WORKFORCE INVESTMENT ACT PROGRAM FOR YOUTH MAIN PURPOSE OF THE PROGRAM The main goal of the WIA Youth Program at OCCTAC is to provide youth with the opportunity to acquire the necessary skills to successfully transition into the workforce and further their education. Our program is designed to provide them with hands -on paid work experience and training in arts, education, clerical/customer service, computer programs and technology, QUALIFICATION CRITERIA - Out -of- school youth (not attending any school at the time of enrollment). - 17 to 21 years of age. - Santa Ana Residents. - Citizens or legal residents. If the youth meets these minimum requirements, they can apply to WIA. program. THIS DOES NOT MEAN THEYARE ELIGIBLE FOR THE PROGRAMI SERVICES PROVIDED - Paid work experience and training - Job search skills training and job search assistance - One -on -one English and Math tutoring - High School diploma support in partnership with SIATech - Career exploration and educational counseling services - Life skills and job skills workshops - Support groups and counseling service referrals - Supportive services PROGRAM STRUCTURE In order to fully benefit from our program, participants are required to commit to at least 9 months to training, work experience and other program related activities unless their goals are achieved earlier. Depending on each youth's individual needs and interests, during their participation in the program they may be provided with one or a combination of the services mentioned above. Throughout their participation in the program all youth will receive assistance as needed from specific staff to fulfill their educational and employment goals. Four Stipend Periods - First 100 hours of participation Most youth are able to complete their first 100 hours of participation in about 2 months. During the first two months of participation in the program all youth will be required to attend regularly for about 10 -20 hours a week. For their consistent participation youth will receive a 150.00 dollars stipend after they complete the first 25 hours. Youth will receive three more stipends, each of $150.00, upon completing the 2 " -3`s set of 25 hours for a total of 100 hours. Hourly Rate Period -- Once Youth completes the Four Stipend Periods Immediately after the completion of the fu•st 100 hours of participation, those youth that have shown consistency will be encouraged to work between 15 -25 hours per week until their job training period is completed. These youth will be paid $8.00 per hour, Transition out of the OCCTAC WIA Youth Program Participating youth will be encouraged to gradually transition out of their WIA Program job training placements into unsubsidized employment in the community. Youth will be encouraged to make this transition during the last four months of their participation in the program unless they have completed their training and have achieved their educational and employment goals earlier. During this period of time youth will receive more intensive job search training and /or job placement assistance. II R " Updated: 03/10/2013 By: Dolores Lopez Orange County Children's Therapeutic ARTS Center 2215 N Broadway - Santa Ana, CA 92706 - 71 4.547.5468 - Fax 714.564.9690 - www.occtac.org 501(c)3 Federal Tax ID# 33 -0930891 OCCTAC PAID WORK EXPERIENCE PLACEMENTS AND TRAINING AREAS `ra>flll>rnasflion rea : Pla�meaf���on ><b�Xxtes /�,ct><��s - Will work under the guidance and supervision of a Education Tutor OCCTAC credentialed teacher. Learning - Can choose to work with children from first to twelfth Academy grades. - Will assist children with reading and math assignments. - Will receive training on basic teaching techniques and strategies to facilitate learning. - Will work under the guidance and supervision of teachers Education Instructional OCCTAC and therapists. Assistant Early Start - Will work with regular and special needs children from 2 Program & to 5 years of age and their parents. - WiII assist instructors with preparation of instructional Pre - Kinder Arts material, class set up, cleaning and organizing classrooms and equipment. - if needed, will help children complete tasks assigned by the teacher. - Will work under the guidance and supervision of teachers Education Instructional OCCTAC and /or therapists. & Assistant After - School - Can choose to work with regular and/or special needs Arts and children of varied ages. Arts Therapeutic - Assist instructors with preparation of instructional Arts Program material, class set up, cleaning and organizing classrooms and material. - Assist students with the creation and completion of assigned projects. - Will learn about various uses of media. - Aid with stage set -up and tear down Music Audio Engineer Offsite Placement - Insure switchboard is properly working for Technology Intern St. Andrews live performances Church & Rytmo - Assist with music production as needed - Update brochures for the center Graphic Graphic Arts Intern OCCTAC - Work on the enhancement of the center's website. Arts Computers / - Assist with banners /flyers for special events Media LAB Video Film Production OCCTAC Arts & - Analyzing, filming and editing of videos Technology Intern Technology Customer 1. Receptionist - Will work with and provide assistance to parents, students, Service 2. Administrative OCCTAC Front teachers, volunteers and other staff. Clerical Assistant Desk or - Will answer phones, take messages, forward calls. 3. Outreach & Administration - File alphanumerically, maintain records, make copies, Engagement create marketing packages, and perform other office and Specialist administrative related responsibilities r4p-374 Updated: 03/10/2013 By: Dolores Lopez 0 rA75 0 z •k4 F•� o = a0 �c m E t0 V � 0 CL N to L o m L C U 0 U m m m u c L J Ja ro c o N T � m a o � a � a LU g c 0 u L c d c = m /a� ro V C b a o ai w F- CL m L Lj m = an .v N t C W = w J N R a G1 `c, a ro 1 N � o a ja Z C c a+ U cn 0, x U O o H O LLI 00 Q N Q 0 rA75 E,215p�;76 O CT 0 LL ;o to TTL .2- L r VJ Q LL N Q CL d) ''"^^ E x n ❑. N E U o 0 m R J °� •a O a E m W U H N � M O W a M o c U- SL m � 0. N Z � x � Q N C C � U o 0 N W ID a E c c o a VJ Z I 2 N � m p L '� co U) N io 0 O T O Z Z N v � a `a r O Q Q O LU U- i = m U. m r L m O m z s E to UL :r m 0 E,215p�;76 O CT 0 LL ;o to TTL .2- L r VJ Q LL N Q CL d) ''"^^ E x n ❑. N E U o 0 m R J °� •a O a E m W U H N � M O W a M o c U- SL m � 0. N Z � x � Q N C C � U o 0 N W ID a E c c o a VJ Z I 2 Orange County Children's Therapeutic Art Center 2215 N. Broadway. Santa Ana, CA. 92706 Phone: (714) 547 -5468 & Fax: (714) 564 -9690 Web -slte: occtac.org Teacher Assistant/Tutor Skills Evaluations This form needs to be completed and returned monthly. We encourage you to be as honest as possible and provide as much feedback as you can. This will allow the participant to receive extra training needed to improve In areas where their skills seem to be unsatisfactory. Month: Participant's Name: Supervisors Nam Working With Children: Needs Improvement Accomplished Outstanding Not Observed Develops rapport with students Additional Comments: Keeps Students on task Additional Comments: Is patient Additional Comments: Encourages students to demonstrate pride and quality in their work Additional Comments: Encourages students to set goals Additional Comments: Stops inappropriate behavior promptly and consistently while maintaining the dignity of the student Additional Comments: �. s Showa enthusiasm and communicates the Importance of the material being taught Additional Comments: Maintains accurate progress notes of each student Additional Comments: Uses different teaching strategies according to the student's learning styles and needs Additional Comments: Links content to the students' prior knowledge and experiences Additional Comments: Relays information to parents regarding their children's progress in an accurate and professional manner Additional Comments: Supervisor Comments: Signature of Supervisor Signature of Intern Signature of WIA Representative Date Date Date Orange County Children's Therapeutic Art Center 2215 N. Broadway. Santa Ana, Ca. 92706 Phone: (714) 547 -5468 & Fax: (714) 564 -9690 Web -site: occtac.org Participant's Work Performance and Customer Service Skills Evaluation This form needs to be completed and returned monthly. We encourage you to be as honest as possible and provide as much feedback as you can. This will allow the participant to receive extra training needed to improve in areas where their skills seem to be unsatisfactory. Participant's Name: Supervisor's Name: Month: General Employment Skills: Not Observed Needs Improvement Accomplished Very Well Attends regularly, is punctual and informs supervisor of absence or lateness in a timely manner. Additional Comments: Responds Appropriately to direction and follows instructions _ Additional Comments: Appropriately asks for assistance when needed Additional Comments: Is organized and work is accurate Additional Comments: Initiates and completes tasks independently Additional Comments: Is familiar with organizations, classes, services and special events Additional Comments: I When interacting with clients in person the participants: Not Observed Needs Improvement Accomplished Very well Greet clients promptly upon their arrival Additional Comments: Greet clients with a smile, is courteous and helpful Additional Comments: Treat all client with respect and uses appropriate language Additional Comments: Presents and Projects a professional image Additional Comments: Supervisor Comments: Signature of Supervisor Date Signature of Intern Date Signature of WIA Representative Date Orange County Children's Therapeutic Art Center Workforce Investment Act Career — Focused Internship Program (714) 547 — 5468 ext. 313 Intern Performance Evaluation This form needs to be completed, signed and returned monthly. We encourage to be as honest as possible and provide as much feedback as you can. This will allow the participant to receive any extra training needed to improve. in areas where their skills seem to be unsatisfactory. Intern Name Last Name First Name Supervisor: Please evaluate the employee for each criterion shown below: Use the appropriate letter for the rating to be applied: A- Above Average B- Good C- Needs Improvement D- not applicable QUALITY AND QUANTITY OF WORK PLEASE CIRCLE ONE Demonstrates knowledge of the Job A B C D Amount of work accomplished A B C D Performs work with accuracy A B C D Work is Neat and presentable A B C D Work is thorough A B C D Organizes work appropriately A B C D Additional Comments: WORK ATTITUDE PLEASE CIRCLE ONE Courteous and interested A B C D Willing to work at difficult or disagreeable task A B C D Accepts new ideas and procedures A B C D Accepts Constructive Criticism and suggestions A B C D Accepts responsibility A B C D Exercises Good Judgment A B C D Additional Comments: RELATIONSHIP WITH OTHERS PLEASE CIRCLE ONE 2-SD-42001 9T-TA ' Works well with co- workers Works well with Public Cooperates with supervisor(s) and staff Additional Comments: A B C D A B C D A B C D WORK HABITS PLEASE CIRCLE ONE Is regular in attendance at work A B C D Dependable, trustworthy, Punctual, Reliable A B C D Observes established working hours A B C D Completes work on time A B C D Uses common sense in performance of duties A B C D Complies with departmental and district policy A B C D Performs assigned task without promoting A B C D Performs Unassigned useful work A B C D Additional Comments: Supervisor is willing to teach the intern the following: Supervisors Comments: Intern Comments: Signature of Supervisor Date Signature of Intern Date Signature of WIA Representative Date pUg -382 Orange County Children's Therapeutic ARTS Center 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org 501(c)3 Federal Tax ID# 33- 0930891 WIA Program Cancellation Policy Dear WIA Participant, In order to protect the efficiency of the Workforce Investment Act (WIA) program, the WIA Staff has created the following cancellation/rescheduling policy. As mentioned at time of enrollment, the program's goals include providing the TOOLS necessary in order for its participants to reach their true work potential. An important program objective is Time Management. Time Management skills are important as they impact the relationship built with employers and other professionals in the workforce. The decisions wade in our personallprofessional life will always pose consequences, whether positive or negative. Thus, consequences will be applied whenever you fail to follow the below ra=effaion nrocedur s There is a 48 hour Cancellation or Reschedulins policy for your MEETINGS with: • Case Manager • Educational Counselor • Numeracy Coach (Math Tutor) • Literacy Coach (English Tutor) Absenteeism or Lateness to your WORK EXPERIENCE PLACEMENT must be reported to SUPERVISOR AND CASE MANAGER 2 hours in advance. . ............................... • MECCA OFFICE: Melissa Zerhner • MECCA Outreach/Engagement: Arilene Castro • Reception: Rosie Castro • Early Start: German Ramirez • Learning Academy: Lizeth Lopez • After School Arts: Supervisor's name varies on placement Absenteeism or Lateness to Graphic Arts or Audio Engineering courses must be reported to INSTRUCTOR AND CASE MANAGER 2.hours ,prior to class time. Absenteeism or Lateness to Executive /Administrative Assistant Certificate program must be reported to CASE MANAGER 2 hours.prior to class time. *If at time of call individual(s) does not answer, leave a message. Atl hour before your report time, try calling again. If the above is not followed the below conseauences will be applied: • Strike 1: Verbal Warning. Person whore you had appointment with will speak to you about issue and will notify Case Manager. • Strike 2: You will receive a WRITTEN Warning and Case Manager will be notified. • Strike 3: You will lose 5 hours of Work Experience and Case Manager will meet with you to rearrange schedule. • Strife 4: You will lose Work Experience for the week. Sincerely, The WIA team EXIM -383 i y • `��3 Orange County Children's Therapeutic ARTS Center 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 1, Fax 714.564.9690 • www.occtoc.org 501(c)3 Federal Tax ID# 33- 0930891 Verbal /Written Warning Workforce Investment Act Program A meeting was held with Date of Warning: WIA Representative: Type of warning: ❑ Verbal Warning ❑ First and final written warning and a formal warning was issued. Tlme commenced: Time finished: Reasons forthe written warning (attach or referto any relevant notes / documentation): WIA Participant's response was: WIA representative's comments: Agreed action: A copy of this written warning was provided to the WIA participant on . / / it was explained that future breaches or performance issues may result in further disciplinary action that may include termination of Work Experience Placement and dismissal of WIA program. WIA Representative's Name (Print) Signature Case Manager's Name (Print) Signature WIA Participant Name (Print) - rYT- TT25AD -3 84 Signature YSPN MEMBER PERFORMANCE PLAN 2013 -2014 WIA YOUTH POPULATION . yaath P optilatl00........: 1. Tutoring, study skills training, and instruction, 16 -21 5 Out -0, school 17 -21 20 1rtk Nl>Mt�Jrtf 25 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE; 100% OF YOUTH MUST BE ENROLLED BY 2NO QUARTER - DECEMBER 31, 2012) 15 10 25 PERFORMANCE GOALS /COMMON MEASURES *DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION Rerformancea1 T # of Yssii�1? [17fo�iipfled by tVliniCr�u # of t'rfartJ►e R.:.._. ... Yot� tp,uE_fj(I pfform.anc... _. Plcepj�t,rxmPloYrTGhJ,, OR Pltc�mer>t in Posh Scoii�lry EdgeatioFl 25 x 65% = 16 Attainment of . ie�rs or erf, r to (by Exlt prby`d.{urter,Fai)aw Up) 25 x bl% = 15 Im vetl;L,teracy eft luti Qrady 25 x 40% = 10 P UI/IA Ei ENT Ei eleM tb!ided l:�' -YQUr 0. _4 program) .. _...,.......... _ 1. Tutoring, study skills training, and instruction, 6. Leadership development opportunities, which may leading to completion of secondary school, include community service and peer- centered X Including dropout prevention strategies X activities encouraging responsibility and other positive social behaviors during non - school hours, as appropriate; X 2. Alternative secondary school services, as X 7. Supportive Services (e.g. tools, books, clothing, etc.); appropriate; 3. Summer employment opportunities that are S. Adult Mentoring for the period of participation and X directly linked to academic and occupational X a subsequent period, for a total of not less than 12 learning (this element cannot be offered as a months; stand -alone activity); 4. As appropriate, paid and unpaid work 9. Follow -up services for minimum of 12 months after X experiences, including internships and job X the completion of participation as appropriate; and shadowing; S. Occupational skill training, as appropriate; — 10. Comprehensive guidance and counseling, which X X 'may include drug and alcohol abuse counseling and referral, as appropriate. PAV5 COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C 25D -386 Table of Contents Information Regarding Complaints, 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statemen 2. Civil Rights 3 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints X ll. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level I IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERMS � I j2 L MI1387 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to; • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. 1:1:� Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." il. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq) at the State and LWIA flu-391 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. nV-392 A "participant ", within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient /hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. M. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; ITT 393 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 2SDIT394 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of fling of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. zo 2sbT 195 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. if the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing 11 MT196 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private -for- profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. 12 2SU397 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 2IT 398 hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 29br-399 D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 201400 PROCEDURES FpR:HANDLING °NON- CRIMINAL COMPLEIINTS; No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with W!A programs operated by LWIAs 0 0 Informal Resolution Process 0 Unsatisfactory Decision or LWIA Decision not issued within 60 days o Request for State Review w 0 0 0 Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 2SBT 401 0 c a N 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 Vl. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWIA. 1177 2 1 ( VT402 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LW1A's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 18 51-403 PS FOR HANDLING�HANDICAP COMPLAINTS No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA k Day 1 Informal Resolution If no resolution reached 0 Request for Hearing Notice of Hearing Hearing Conducted I I Day 145 Day LWfA Decision 0 Unsatisfactory Decision or No Decision a State Review I Governor's Decision I Appeal to Assistant Secretary Department of Labor 19 nU404 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT OR AGGRIEVED PERSON -- The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON- CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC zo 2SV 40 C unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determine d and (2) Who is receiving subsidized employment, training services) funded under the Act, following intake, except for an and /or intake and assessment services. FBI zs f� Lbbr-406 eligible for participation upon intake; or services (except post- termination individual who receives only outreach CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AG REEM ENTS The undersigned certifies, 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 subawards at all tiers (including agreements) and that all subrecipients 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 31 U.S.C. 1352. 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. Grantee /Contractor Organization Signature V Date Py'• pr vac`_ cis\ w\ ,e— y\ t Z ^ � YY1 Name of Certifying Official Signature 28 t" t: �1 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E W O 11967 employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f), B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. May 16, 2013 Date EXHIBIT E W 11 ' 11R% Program Operator Signature Orange County Children's Therapeutic Arts Center DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Dr. Ana Jimenez -Hami Name of Contractor: Orange County Children's Therapeutic Arts Center Contractor Number: Date: 5/16/13 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 2215 N. Broadway Santa Ana, CA 92706 EXHIBIT E 2501-410 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160 - 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. 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 paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. d RA-e-*1 Gr IG7 C0--.-vN�0 Grantee /Contractor Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee Date EXH26D _411 26 Attachment B BUDGET FORM 2013 -2014 412 Administrative Program Total WIA Match /In Kind No more than 10% allowed. Persaranel " _ ; :• :,: Salaries* Ex Director 1. Case Mgr, 1.0 FTE 11 months $35,200.00 $35,200.00 $10,000 $20, per hr 40 hrs per wk 2. Case Mgr. Assistant 10 months $9,000.00 $9,000.00 Acct. Clerk $15, per hr 15 hrs per wk $12,oco 3. Arts Instructor /s 10 months $7,200.00 $7,200.00 Office Mngr. $18, per hr 1C hrs per wk $10,000 4. Math Coach 10 months $7,200.00 $7,200.00 $18. per hr 10 hrs per wk Program Staff 5. Literacy Coach 10 months $10,800.00 $10,800.00 $60,000 $18. Per hr 15 hrs per wk Computer Instruct 6. Career Counselor 10 months $12,960.00 $12,960.00 $20.00 $18. Per hr 18 hrs per wk $112,000.00 Benefits* 1. Case Mgr. 12.5% $4,400.00 $4,400.00 2. Case Mgr. Assistant 12.5% $1,125.00 $1,125.00 $14,000.00 3. Arts Inst. 12.5% $900.00 $900.00 4. Math Coach 12.5% $900.00 $900.00 5. Literacy Coach 12,5% $1,350.00 $1,350.00 6. Career Counselor 12.5% $1,620.00 $1,620.00 Total Personnel $92,655.00 $92,655.00 $126,000.00 O ;eratirrg Expgnes:.. : ;: i. Rent or user fee* 6,000.00 6,000.00 84,000.00 Utilities 2,000.00 2,000.00 16,000.00 Phones 800.00 800.00 6,000.00 Internet fees See phone Parking fees NA Security NA Maintenance 4,000.00 Insurance 1,000.00 1,000.00 6,000.00 Equipment rental fees* Vehicle lease* NA Office expenses 500.00 500.00 10,000.00 (consumables) Accounting Services 500.00 500.00 8,000.00 Legal services NA Auditing services NA Indirect costs* NA Staff training 1,500.00 1,500.00 NA Staff travel /mileage 200.00 200.00 NA Participant Wages* 63,000.00 63,000.00 NA Support services* 11,845.00 11,845.00 L3us Passes Fingerprinting/TB Test Work Related- Supplles /books portfolios /Conference /other Participant incentives* NA Other (list)* NA Total Operating Expenses $10,500.00 $76,845.00 $87,345.00 $134,000,00 GRAND TOTAL $10,500.00 $169,500.00 $180,000.00 $260,000.00 (Total Personnel+ Total Operating Expenses) 412 Budget Narrative Personnel $92,655.00 Case Manager - -100% FTEfor 11 months: $39,600 (Benefits Included) 40 -hours a week 11 months @ $20.00 per hour The Case Manager will work 40 hours a week for 11 months providing: recruitment & intake, assessment, documentation & case notes; identify barriers and goals; monitor progress & goals; meet regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network and youth council meetings; organize and attend OCCTAC -WIA Staff Meetings and document input; organize related activities. Case Manager Assistant --100% FTE for 10 months: $10,125.00 (Benefits Included) 15 -hours a week 10 months @ $15.00 per hour The Case Manager Assistant will work 15 hours a week for 10 months providing: recruitment & intake, assessment, documentation & case notes; identify barriers and goals; monitor progress & goals; meet regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network and youth council meetings; organize and attend OCCTAC-WIA Staff Meetings and document input; organize related activities. Arts/Technology Instructor PTEfor 10 months: $8,100.00 (Benefits Included) 10 -hours a week for 10 months @ $18.00 per hour The respective position will be responsible for providing educational and career training to all WIA participants as it relates to the arts and technology emphasis; mentoring and assisting participants with related work experience placement; observing and monitoring participants with technical /artistic skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Math Coach/Instructor- -PTE for 10 months: $8,100 (Benefits Included) 10 -hours a week for 10 months @ $18.00 per hour The respective position will be responsible for assessing the numeric and basic skills of all participants; teaching WIA participant's learning and mathematical solving strategies; monitor & document providing educational and career training to all participants as it assisting participants with related work experience placement; observing and monitoring participants with technical skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Literacy/Instructor PTEfor 10 months: $12,150.00 (Benefits Included) 15 -hours a week for 10 months @ $18.00 per hour Position/s is responsible for assessing the literacy and basic skills of all WIA participants; teaching WIA participant's learning and literacy strategies; monitor & document literacy progress throughout the program; meeting regularly with WIA participants and attend regular team meetings. P -4x13 Career Counselor —PTE for 10 months: $14,580.00 (Benefits Included) 18 -hours a week @ $18.00 per hour The respective position will be responsible for providing educational and career training to all WIA participants; mentoring and assisting participants with related work experience placement; observing and monitoring participants with technical /artistic skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Participants Wages $63,000.00 Training Stipend: (Out -of- school youth) 25 participants First 20 hours: participants given $150.00 stipend to participate in program. Second 20 hours: participants given $150.00 stipend to participate in program. Third 20 hours: participants given $150.00 stipend to participate in program. Forth 20 hours: participants given $150.00 stipend to participate in program. After Stipends completion, Months 3 -9: participants paid $8.00 per hr for on-the-job training (10 hrs. a wk.) Supportive Services $ 11,845 00 Bus Passes /Gas Voucher: As needed for 25 participants $8,140 15 bus passes @ $69 ea. every other month $4,140 10 gas cards @ $50 ea. every month $ 4,000 Funds are allocated for youth who are in need of transportation related support. Fingerprinting /TB Test: As needed for 25 participants $1,550 25 fingerprinting @ $52 ea. $1,300 and 25 TB test @ $10 ea. $250 Funds allocated for Dept. of Justice Clearance & TB Test for employment. Work Related Supplies: As needed for 25-participants $1,075 Work related and skill building tools, books, academic supplies, portfolios, items needed. for job interviews. Academic Support: As needed for 25 –participants $1,080 Tuition Support for Certificate or other related academic programs; books for related course work; tutoring supplies ,Q -4�, 4 Assurances & Certifications Selected providers will be required to sign and submit "actual' assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. We will provide records to show that we are fiscally solvent, If needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to; Records accurately reflect actual performance. 1 Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non- discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990 Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part -time employees) Procurement policies and procedures are in place and meet federal guidelines. Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 We will not: Place a youth in a position that will displace a current employee. Wyse WIA money to assist, promote, or deter union organizing. Use funds to employ or train of persons in sectarian activities. &Use funds for youth in the construction, operation, or maintenance of any part of a facility to used for sectarian instruction or religious worship. Use WIA funds for activities that would interfere with or replace regular academic ur quirements for eligible youth who are not dropouts. se WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 94 unless the program(s) are only for youth eligible to participate under WIA. Use WIA money under this contract to purchase any equipment. I hereby assure that all of the above are true. a Name Title �%ae Ck--0(k_ Date 25 4P a-1 5 .4.+cOJRD CERTIFICATE OF LIABILITY INSURANCE `-�"� DATE(fAIA1DDlYYYY) 1/16/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lake Insurance Agency 653 South 8 Street, Suite 200 CNA04NITAOT Athena Stark P oNE (714)838 -1912 FAX (714)838 -7568 E -MAIL athena @lakei »a,aom Lid #0747473 Tustin CA 92780 INSURERS AFFORDING COVERAGE NAICaI INSURER A:Phi lade l hia Indemity Ins. Co. 18058 INSURED INSURER B: Orange County Children's Therapeutic INSURERC: $ 1,000,000 Art Center, Inc. INSURER D: 2215 N, Broadway INSURERE: 2/21/2012 Santa Ana CA 92706 INSU e $ 5,000,000 GUVtKALitS -A Pktr !G PrnA _ T,i ah DOWMIAM MI IaADCD. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE L POLICY NUMBER POLICY I1YYYY DOYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAINiS4AADE � OCCUR HPK997781 2/21/2012 2/21/2013 PRAMAI E a N , $ 5,000,000 MEO EXP (An one person 5 20,0000 PERSONAL GADVINJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GENT. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMNOP AGG $ 2,000,000 X P01.IGY PRO LOC 5 AUTOMOBILE LIABILITY COMBINED tSINGLE LIMIT 11000,000 80DILY INJURY (Parperson) 5 A X ANY AUTO ALL OWNED AUTOSULEO HIRED AUTOS X NON- O'NNED AUTOS HPK947781 12/21/2012 2/21/2013 BODILY INJURY (Peracc ?dent) S PROPERTY DAMAGE P accident $ $ UMBRELLA LIAB HCLAIMS4AADE OCCUR EACH OCCURRENCE $ EXCESS LAB AGGREGATE $ OED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNEREXECAJnVE OFFICERMFMBER EXCLUDED7, N/A WCSTATU- OTH- T E.L EACH ACCOENT S E. L. DISEASE - EA EMPLOYE S (Mavdatory In NH) If yes, descn1a under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5 A Professional Liability FHPK947782 12/21/2012 2/21/2013 Lim "it:S1MIL Each ImIdent 42MIL Agg. Abuse & Molestation Included Unit $25k Each lncldant $50k Agg. DESCRIPTION OF OPERATIONS / LOCArONS /VEHICLES (Attach ACORD 101, Additlonal Remarks schedule, If more space Is required) Re: Insured's operations under contract with Additional Insured; The City of Santa Ana, Its Officers, Agents,Employees & Volunteers Representatives - WIA as Additional Insured per CG 20 26 07 04, Primary and Non - Contributory applies per PI- MANU- l(C1 /00) but Only in the Event of thw Named Insured's Sole Negligence, as required by written contract with Named Insured. 'V� I 1 vcn i rnvn nv�ucrc GAINUtLLA I IUN 15,V S (714)565 -2602 Castro- Cardenas @ santa -ana 7 SHOULD ANY OF THE ABOVE bEB�( �Ci,E tz°'�iA�CELLEb BEFORE THE EXPIRATION DAT_E�HEREOF,naE L BE DELIVERED IN The City of Santa Aria ACCORDANCE WITH THEPOLICYP(�Q�V�$iFifYS, Its Officers ,Employees,Agents,Volunteers AUTHOR(ZEOREPRESENTATIVE �" and Representatives - WIA Attn: Julie Castro - Cardenas 1000 E Santa Ana Blvd #200 .- Santa Ana, CA 92701 Bob Lake -C /L /ATHENA AL:UKU AD tLUIU /Ub) w J ©1988 -2010 ACORD CORPORATION. All rights reserved. fN�in28r�ninnstn Th. Af'ngil nzme a �,.o'n r l-18 m ,Lr. of A(:0Rn POLICY NUMBER: PHPK947781 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Ensured Persons Or Organization(s) City of Santa Ana - WIA Its Officers, Employees, Agents, Volunteers & Representatives Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. App tO: OAS T.4 FORM LISA F. STORCK Assistant City Attorney CG 20 26 07 04 © ISO Properties, inc., 2004 Page 1 of 1 ❑ a-417 14 - PI- MANU -1 (01100) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY Primary wording - City of Santa Ana ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name Of Person or Organization: City of Santa Ana (If no entry appears above, information required to complete this endorsement will be shovin in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. THIS INSURANCE IS PRIMARY AND NOT CONTRIBUTING WITH ANY OTHER INSURANCE OR SELF - INSURANCE CONTRACT OR POLICY, All other terms and conditions of this Poky remain unchanged. Page 1 of 1 nyu, APPRO ED AS TO FORTd i.lSA E. STORCK Assistant City Attorney f3 CERTHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04 -14 -2013 THE CITY OF SANTA ANA 1000 E SANTA ANA BLVD STE 200 SANTA ANA CA 92701 -3900 SP GROUP: 000567 POLICY NUMBER: 0000772 -2012 CERTIFICATE 10: 23 CERTIFICATE EXPIRES: 04 -14 -2014 04- 14- 2013/04 -14 -2014 C� SP This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -14 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. PR VEV �� 10 EoRIA C. � S1'ORCK ---"° 1,lSA • Attorney Assistant City [l FIbiPLOYER ORANGE COUNTY CHILDREN'S THERAPEUTC ARTS 2215 N BROADWAY SANTA ANA CA 92706 SP ,� n, L�J 4, t� " -1T rt V% MAR 282013 D.o (REV. 1-20 12) Fgr5p -419 PRINTED : 03-15 -2013 M0408 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 1St day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Fortuna Education LLC, dba, Career College of California for -profit corporation ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B", attached hereto and by this reference 25D -420 Page 1 of 15 incorporated herein. CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter, B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY, G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply frilly with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall continence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25D -421 Page 2 of 15 CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date•, Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice /Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and 25D -422 Page of 15 attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. 25D-423 Page 4 of 15 R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all 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 Section 5200) of Part 5 of Division 9 of the state Family Code; and, 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 Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $79,920 for CONTRACTOR'S performance in accordance with the Budget attached. hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. 25D -424 Page 5 of 15 III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2013 and all duties arising under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney, IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, Contractor agree to implement and 25D -425 page 6 of 15 shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law, 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION, CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement, 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10, Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this 25D-426 Page 7 of 15 Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. 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, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA, The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work, developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. 25D-427 Page 8 of 15 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving, Relatives No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 25D -428 page 9 of 15 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will 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 CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers` compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the form as Exhibit 1, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance, 25D -429 page 10 of 15 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self- certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. 25D-430 Page I I of 15 XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. 25D -431 Page 12 of 15 XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 25D -432 Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Fortuna Education LLC dba Career College of California 201 E. 0 Street, Santa Ana, CA 92701 Phone: (714) 795 -7270 Fax: (714) 243 -8613 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -433 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" 56-fi Kevin O'Rourke Interim City Manager Fortuna Education LLC dba Career College of California "CONTRACTOR" BY: BY: Lisa E. Storck Name: Niko Everett Assistant City Attorney Title: President Tax ID #: 27- 1972753 25D -434 Page 15 of 15 PROPOSER APPLICATION Agency Legal Name Fortuna Education LLC Agency DBA Career College of California Program Name Career College of California Program Address 201 E. 4`h Street #201, Santa Ana, CA 92701 Corporate Office Address 201 E. 4`h Street #201, Santa Ana, CA 92701 Contact Person & Title Nilco Everett, President Email nilc o(@careercollegeofeducation.edu Telephone # 714 - 795 -7270 Fax # 714- 243 -8613 Federal ID Number 27- 1972753 AGENCYSTATUS Public Non. Profit Cor oration Private Non -Profit Private for Profit x I Government I I Other PRIMARY 1:1 11 cnl IRri:c Years in 0 Funding Source Tuition Government Contracts Amount 2,000,000 400,000 HOURS OF OPERATION AND DAYS Days Monday Tuesday Wednesday I Thursday I Friday Saturday Sunday Hours 8am -10pm 8am -10pm 8am -10pm 8am -10pm 8am-Sum TARGET POPULATION Older Youth X Younger Youth Out -of- School X In- School # of Youth to be Served in 2013 -2014 15 Total WIA Funds Requested $79,920 In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the agency named above. Signature Chief Executive Officer Title 2WL35 Date 2 Career College of California Program Narrative 2013 -2014 Executive Summary Too many young people have slipped through the cracks of the educational system and lack sufficient literacy and job related soft and technical skills making it nearly impossible for them to find and secure a meaningful job with a sustainable wage. Career College of California has created an innovative model to train and support youth to gain value in the labor market and to be able to earn family - supporting wages. The young people we serve often face multiple barriers to employment including being young parents without solid childcare options, not having gained a high school diploma and having a family history of welfare dependency. We believe all youth deserve a chance to build a bright future and we have designed an educational model that addresses these multiple barriers and empowers our students to realize their full potential. Out model includes; 1. Pre - assessment of foundational skills 2. Training • Technical skills {medical, business + legal} • Vocational skills {writing, listening, teamwork, professional appearance, technology} • Life skills {discipline, interpersonal, attitude) • Foundational skills {reading, writing, math, spelling} 3. Student Support Services (addressing barriers) 4. Post- assessment of foundational skills 5. Career Services + Experience {externships + internships) To promote the success of this model, we have an exceptional team of staff and faculty who work relentlessly to support our students. Our results have been extraordinary. We have over 90% student satisfaction, nearly 90% student completion and over 80% student job placement. Year over year we have achieved perfect compliance audits from our accreditors and have built a reputation for being driven by our mission to empower our students to realize their potential and begin promising careers. If we are granted the $79,920 we are requesting, we will be able to support 15 youth to complete 8 -9 months of full -time training and to search for and secure jobs. At least 10% of youth enrolled will be foster youth, youth on probation or /and youth with disabilities. The actual cost of training per student is $8,500 (BOA, MFOBC + PL) and $9,500 (MA) respectively however we are able to reduce the WIA cost to $5,400 as it will be supplemented by available Pell grants. Up to $5,550 in Pell grants are available based on household income and we are assuming an average of $3,400 will be received per student. EXHIBIT A W Id ID 11. Experience /Qualifications A. Briefly describe your aeencv and past experience with vni,rh nroaramc Career College of California was founded in 2001 and has prepared hundreds of talented men and women ages 18+ for promising careers over the last twelve years. CCC enables graduates of our programs to secure employment in careers with good long -term growth prospects by providing high quality job - skills training, life - skills workshops and intensive, individualized job placement assistance. In 2010 the school moved its location to downtown Santa Ana to better serve the community. In the new location CCC updated classroom technology and student amenities. In 2011 CCC expanded its curriculum to include a specialized Medical Assistant program and added a modern medical laboratory to its campus. In 2012 CCC transitioned its Legal Administrative Assistant Program into a Paralegal program. CCC serves youth ages 18 and over. We have built relationships with traditional high schools, alternative /continuation schools, foster youth agencies and youth organizations throughout Orange County with a focus on Santa Ana. We offer free workshops to youth organizations in the community and have developed scholarships specifically for Santa Ana youth. Career College of California is licensed by the California Bureau for Private Postsecondary Education, is accredited by the Accrediting Council for Continuing Education & Training (ACCET), a U. S. Department of Education nationally recognized accrediting agency. Career College of California is certified by the United States Department of Education to participate in student financial assistance programs authorized by Title IV of the Higher Education Act. B. What kind of impact have your services made to the vouth in the community? Over the last two years alone: 225 students were placed in jobs in their field of study 212 students were placed in internships or externships 269 students graduated and received certificates of completion 90% of our students rated their satisfaction with their experience at CCC as 4+ out of 5 Our greatest impact is that our students are trained to start careers. Nearly 90% of the students at CCC graduate and over 80% begin promising careers in their field of study after graduation. Needless to say, starting a solid job has a ripple effect into the lives of each of our students. They gain confidence and financial sustainability and become a model to their family and community. There are so many stories of success, here are just a few: EXHIBIT A 2501-437 4 Michelle H., Medical Front Office Billing & Coding Graduate Medical Receptionist, Advanced Eye Care of Orange County "I came to CCC soon after 1 finished high school and realized that I didn't want to spend my life working in fast food. /saw my parents work so hard for so little pay and they hated their jobs. I wanted more for myself and my baby son than to just have any job to barely get by. At the end of my program I was hired as a Medical Receptionist at a medical clinic that specializes in ophthalmology. I have achieved things I really never thought were possible!" Jasmine, Paralegal Graduate Paralegal, Lutin Law Group "I really liked my history classes in high school and sometimes imagined being a lawyer. But when I graduated I ended up not going to college and instead working in a warehouse. 1 woke up one day and realized I wanted more out of my life. 1 found CCC and after nine months of really hard work/ accomplished my dream./ landed a job as a Paralegal at Lutin Law Group. After six months/ got my first raise. The best news is that they are going to pay forme to go back to school at night and get my BA!" Vanessa f., Medical Assistant Graduate Medical Assistant, Ole Saetrum Upgaard, MD, Inc. "I am a young Mom and had not really had the time to think about what 1 could do with my life. /was always interested in medicine and I had a friend going to CCC who really loved it so I checked it out. 1 could imagine myself in the program right away. Within the first month I was already doing injections, drawing blood and taking vital signs. I felt like 1 was really working in a hospital because the lab has all the same equipment you see when you are in the hospital. 1 got a cool externship towards the end and/ took it really seriously. I called my teacher everyday on my way home from the externship to ask her all the questions I had. And it paid off because I got hired there and 1 love it!" Joanna B., Medical Assistant Graduate Medical Assistant, University of California, Irvine "Growing up, college was not in the cards. No one in my family had ever been and most had not finished high school. But l still Imagined what it would be like for me someday if I could find a way. I had a baby my senior year of high school so/ didn't get to go right away. But as soon as/ got parenting under control i sought out college and found CCC. It was so hard to balance life and school. I struggled all the time with how to be there on time, get my homework done, be therefor my daughter and keep my sanity. But 1 didn't want my daughter to see me fail so i just kept at it. And in the end it paid off. i graduated with a4.0 GPA and secured a job as a Medical Assistant at U01" EXHIBIT A W IT A Z96,� C. Indicate average annual operating budget and sources of revenue. Our 2012 operating budget for the fiscal year ending February 29 was $2.41M. Approximately 85% of our revenue comes directly from student tuition and the other 15% comes from contracts with agencies in Orange County. D. Will the program dedicate a full -time case manager? (see answer below E answering both LW E. Discuss the current full -time and part -time employees and their experience Identify the specific employees dedicated to this proposed program. Please elaborate the qualifications f the case manager that will work directly with the youth participants (Highly encourage that the program dedicate a full-time case manager to the program.) The youth in the program will be supported by the following staff; WIA Youth Program Coordinator: (dedicated to WIA Youth Program 0.3 FTE) This employee, Javier Flores, will be the main point of contact and work with the WIA youth from their enrollment and Financial Aid process through the completion of their program. He will meet with the youth regularly to assure that the youth are achieving success and connecting to the appropriate services. Javier will also work with students on any non - school issues that may be preventing a student from thriving. These issues may include (but are not limited to) food and housing, childcare, transportation, professional attire, medical care and therapeutic services. We understand that our students are whole individuals and that all areas of their lives must be addressed in order for them to succeed in their education and career. Although we may not be able to directly address some of these areas, we work with local service providers and make referrals as needed to support our student's success and health. Program Directors: Each Career Program has a Program Director who works with the students in their specific program to make sure that each student is achieving success in each module. EXHIBIT A W I'4e." Leslie D. Rakijas, Esq., Program Director, Paralegal Program Leslie holds a Juris Doctor degree from Western State University College of Law. Leslie, who is a member of the State Bar of California and Orange County Bar Association, has been in the legal field for 20 years. Before she moved to California and became a lawyer, she had worked as a paralegal for major law firms in Washington, DC and Baltimore, MD. Cami Kessler, Program Director, Business Office Admin Program Cami is responsible for student achievement in the Business Office Administration program, including instruction, curriculum and advising students. Cami has been a software instructor for 30 years. As a business owner and consultant, she has seen the need for qualified people in the workplace. At CCC, she uses her real -world experience to help people learn the software and develop the skills needed, so they become capable, confident and can "hit the ground running " when they are hired. Donna Patterson, Program Director, Medical Assistant Program Donna is responsible for Medical Assistant instruction and management of the Medical Assistant program. She graduated from Florida Metropolitan University with a Bachelor's Degree in Higher Education Management. She also holds an Associate's Degree in Liberal Arts. Donna is a Certified Medical Assistant by the AAMA and has been in the Healthcare Field for more than 30 years. She has been in the Education Industry for almost 15 years. Daisy Lopez, Program Director, Medical Front Office Billing & Coding Program Daisy is responsible for the delivery of Medical Front Office with Billing and Coding Instruction, curriculum development, student achievement, and overseeing program success. She obtained her High School Diploma from the Santa Ana Unified School District and completed her College Education at Chapman University. She is privileged to say that she worked in Healthcare for ten years prior to starting her career as an educator, which_ allows her to share her own experience in the classroom. Instructors: Students develop strong relationships with their instructors and use them to help answer any concerns they have about their grades and attendance but sometimes build deeper relationships that include other challenges in the student's life. (too many to include photos + bios, can forward upon request) EXHIBIT A Wei AMA 11 Career Services Team: Towards the end of the student's program they begin to create a strong relationship with the Career Services team. They work one -on -one together to prepare for and secure a job in their field. Christina Penner, Director of Career Services Christina assists students with internships and externships. She is also responsible for oversight and development of the career services boot camp. Most importantly, she helps our graduates start promising careers. Christina received a Bachelor's Degree in Math from University of South Africa and has over 15 years of experience working at top staffing agencies. Marion Pierson, Career Advisor Marion assists students in getting ready for their job search and professional interviews. She holds a Master's and a Bachelor's Degree in Sociology. She attended CSU East Bay and UCLA. Administrative Staff: Both the CEO and President of the college will be involved in the overall management and oversight of the WIA Youth Program. Niko Everett, President Niko supports our local on the ground marketing efforts and she spearheads relationships with the community by building partnerships with local non- profits, schools and businesses. She has over 10 years' experience running non - profit organizations that empower youth in low- income communities. Niko holds a BA from Tufts University and was a scholarship recipient at the Harvard Business School's Non- Profit Management Program. Caleb Everett, CEO Caleb maintains overall responsibility for the day -to -day operations of the college and for setting the longer term strategy. Caleb has more than 10 years of managerial experience in the financial and educational fields, and holds a Bachelor's Degree in Economics from University of Pennsylvania. Caleb is the Board Chair for Rising Sun Energy Center, a workforce development youth program. EXHIBIT A 25D -441 Ill. State the Problem A. Describe the problem that you are trying to address. Faced with unprecedented job losses, the US economy needs a new group of skilled workers. It is anticipated that the next cohort of skilled workers in the US will come from disadvantaged communities where many young people have slipped through the cracks of the educational system and lack sufficient literacy and job related soft and technical skills that provide the basis for finding and holding a meaningful job. 1V. Barriers A. Identify the population group that you will serve (foster youth, probation_ youth Youth with disabilities, etc.). CCC will serve youth ages 18 -21, most of whom require additional assistance as outlined in B. below. B. Of the youth that your agency will serve, what barriers do they typically face? (Examples basic life necessities, homelessness hygiene high school dropouts transportation novertv__ gang affiliation, education, substance abuse. etc.). Our typical young student often faces one or more of the following barriers: • is from a low income community, • is deficient in their basic math and English skills, • dropped out of HS and earned a GED, • is a young parent, • does not have reliable childcare, • has a family history of welfare dependency, • lives in an unstable living situation, • has not worked or has only done low wage work, • has been in the Foster Care System, • does not have reliable transportation, • lacks technical job skills, • lacks people and life skills, • low computer literacy V. State the Solution Please elaborate on how your agency will solve the problem and barriers? CCC empowers students to realize their potential and begin careers that are personally rewarding, challenging and have growth potential in income and responsibility. We provide high quality technical and life skills training and intensive placement assistance. We provide an opportunity for our.students to gain confidence by setting and accomplishing big goals. The model works because it is highly directed and has a strong EXHIBIT A 25D -442 support system. Our Career Services approach has produced exemplary results by providing one on one support to each student in theirjob search, customized resumes and at least three viable job interviews for each student. CCC has created a model to train and support students to have value in the labor market and be able to earn family - supporting wages, a critical step towards enabling our graduates to escape from transgenerational poverty. In order to address the multiple barriers our students face, our model includes: PRE - ASSESSMENT OF SKILLS {GAIN Test} TRAINING {Technical, Vocational, Life Skills + Foundational} TECHNICAL SKILLS (Medical, Business + Legal} VOCATIONAL SKILLS {Writing, Listening, Teamwork, Professional Appearance, Technology} LIFE SKILLS {Discipline, Interpersonal, Attitude} FOUNDATIONAL SKILLS {Reading, Writing, Math, Spelling} WRAP AROUND STUDENT SUPPORT SERVICES (Addressing barriers) POST - ASSESSMENT (GAIN Test) CAREER SERVICES + EXPERIENCE {Externships + Internships} VI. Proposed Program A. Describe the program, indicate the number of youth that will be served and identify if the program will serve foster youth, youth with disabilities, and youth on probation? CAREER COLLEGE OF CALIFORNIA PROGRAM & MODEL CCC trains students to succeed as Paralegals, Medical Assistants, Business Office Administrators and Medical Front Office and Billing & Coding Professionals. Each of the programs at Career College of California has been carefully selected and professionally developed to prepare graduates to succeed in promising careers. We offer an innovative approach to career education, one that's based on high quality job and life skills training complemented by intensive job placement assistance, all delivered in a supportive and engaging environment. EXHIBIT A 25D -443 10 Our philosophy is that that every one of our students has what it takes to achieve their goals and that our job is to help them realize their potential. We do this by striving for excellence in the areas that we believe will have the biggest impact on our students' success. Engaging Faculty & Staff: The faculty and staff of the Career College of California is an incredible group of individuals. Each is experienced, professional and motivated by helping students achieve their goals. They take our students' success personally and are truly passionate about seeing their students succeed. Our instructors all have many years of professional experience in their field as well as teaching experience. Our instructors are knowledgeable, patient, and utilize a variety of teaching methods in order to achieve success for students with many different learning styles and paces. Small Classes & One -on -One Attention: We keep our class size small so that we may work one - on -one with students, give students hands -on practice and assure that each student is achieving results daily. Our average class size is 10 -15 students. PROGRAM MODEL PRE - ASSESSMENT OF SKILLS {GAIN Test} CCC uses the General Assessment of Instructional Needs (GAIN) test for the purpose of assessing students' minimum math and verbal skills for admissions purposes and for measuring students' academic gain through their programs of study. Minimum scores must be achieved as a condition for admissions and for graduation. Students who score below our minimum requirements cannot begin their career training program and are required to attend tutoring daily until they can increase their scores to our minimum requirements. Students who score at or slightly above our minimum requirements for admissions are able to begin their career training but are required to attend tutoring in order to increase their scores to our specified in- school minimum before the midpoint of their program. CCC offers foundational /basic education tutoring five days a week after class to help students achieve sufficient math and verbal skills. TRAINING (Technical, Vocational, Life Skills + Foundational) TECHNICAL SKILLS (Medical, Business + Legal) Technical training is offered through the program course work for the following programs: o Business Office Administration: 720 hours o Medical Front Office with Billing & Coding: 720 hours o Medical Assistant: 820 hours (Including mandatory externship) o Paralegal: 770 hours (Including mandatory externship) EXHIBIT A 25D -444 11 VOCATIONAL SKILLS (Writing, Listening, Teamwork, Professional Appearance, Technology) Vocational skills are integrated into the program course work over the length of the program. We cover each of these skills, Office Equipment, Message & Note Taking, Written Communication, Office Management, Office Etiquette, Project Management, Customer Service and Conflict Resolution. We weave these lessons into our technical curriculum. An example includes our Power Point classes where students practice written and spoken communication, project management and the use of office equipment as they prepare for and present their Power Point presentations to the class multiple times over the month long module. LIFE SKILLS (Discipline, Interpersonal, Attitude} Life skills are taught through trainings by experts in their field and include the following topics: Public Speaking Networking Future Planning Conflict Resolution Financial Management + Budgeting Power of A Positive Attitude Conflict Resolution Hove to be an Effective Team Member Time Management Communication + Listening Skills Building Your Self- Esteem FOUNDATIONAL SKILLS (Reading, Writing, Math, Spelling} We know that our students cannot succeed unless their foundational skills are strong. To that end, we pre and post -test our students to be sure they have sufficient basic skills. In order to provide them with the support to improve these skills we offer tutoring daily. WRAP AROUND STUDENT SUPPORT SERVICES (To address barriers} Our Student Services Staff is available to work with students on any non - school issues that may be preventing a student from thriving. These issues may include (but are not limited to) food and housing, childcare, transportation, professional attire, medical care and therapeutic services. We understand that our students are whole individuals and that all areas of their lives must be addressed in order for them to succeed in their education and career. Although we may not be able to directly address some of these areas, we work with local service providers and make referrals as needed to support our student's success and health. POST - ASSESSMENT (GAIN Test) Students who score at or slightly above our minimum requirements for admissions are able to begin their career training but are required to attend tutoring in order to EXHIBIT A 2501-445 12 increase their scores to our specified in- school minimum before the midpoint of their program. CAREER SERVICES + EXPERIENCE {Externships + Internships} CCC has an extensive Career Services program and department set up to support students in finding jobs in their new career fields. First we equip our students with the best training for their career field. Then we provide exceptional support to help our students secure satisfying jobs. We do this through the following five steps: 1. One Month Milestone: One -on -One Meeting (1) - Career Services meets with each student one month into their program to get to know the student and to identify obstacles to successful employment. In this meeting Career Services discusses childcare, transportation and professional clothing options. Additionally they identify any barriers that might keep an employer from considering the candidate. These barriers might include visible tattoos, extreme dental work, piercings etc. In the past we have helped secure students low -cost tattoo removal and in -kind dental and ophthalmology services. This is our chance to make sure that nothing will stand in the way of our students being able to secure jobs at the end of their program. 2. 6 -Month Milestone. One -on -One Meeting (2) — Career Services meets with each student again at the six month point to develop placement goals. Together they work with the student to identify what area of medicine, law or business the student is particularly interested in. This gives the Career Services team some time to begin generating job leads in those areas. 3. 6 -Weeks Prior to Completion Milestone: One -on -One Meeting (3) - Career Services meets with each student again six weeks before they are scheduled to complete their program to begin establishing their internship or externship site and prepping the students for their interviews for these opportunities. By one month prior to completion students will be placed into professional internship or externship sites that will allow students to gain real work experience with the possibility of getting hired at the end. 4. 2 -Weeks Prior to Completion Milestone: Boot Camp - Students spend the last two weeks of their education in a Career Services "Boot Camp ". During this time students create professional resumes, receive training on interview skills, and learn how to use social networking as a tool to get a job. Each day is highly structured and follows a rigorous curriculum developed by our Career Services team and Employer Advisory Board and is constantly updated with the newest information in job search tactics. A copy of our Career Services Boot Camp Curriculum is available upon request. It is also during this two week period that employers come in and recruit our students. Students will also be going out on job interviews that Career Services has arranged for them. Our Career Services Department is staffed with two full -time employment professionals who partner with our students to build their careers. 5. Customized Job Search: Once each student has been trained in how to launch and manage their job search they are required to send out 15 resumes a day. Our staff begins a custom job search for each student. CCC has a network of over 3,000 employers in Orange County as well as 25 very engaged Employer Advisory Board Members. We are constantly developing job leads from our network and matching 25D -446 13 these job opportunities with our students. Every student will be sent out on a job interview and our staff works relentlessly to help each student find an excellent placement. With this grant, CCC will be able to serve 45 youth. We will focus on youth who require additional assistance to overcome barriers including but not limited to being young parents, dropping out of high school, having a family history of welfare dependency or being in the foster youth system. B. Specify how the target groups will be recruited and describe your recruitment plan to fulfill the enrollment goals. WIA requires that 75% of youth be enrolled by the 1st quarter of the program and 100% enrollment be reached by the 2nd quarter of the program CCC will recruit our targeted students in the following ways: 1. Foster Youth System: We have partnerships with Orangewood Children's Foundation, Olivecrest and Social Services. We will continue to develop these relationships to reach out to Foster and Emancipated Youth letting them know about this opportunity to enroll young people. 2. Community Youth Organizations: CCC has active partnerships with over 25 youth serving organizations. We offer free workshops in the community. We will use these workshops to reach out to qualified youth. 3. High School Partnerships: CCC has strong relationships with Santa Ana Unified High School District including their continuation schools. We will alert them of this opportunity by meeting with the guidance counselors and offering to do in class information sessions in the continuation schools where students graduate year round and often lack a strong post -high school plan. 4. Informational Workshops: CCC will invite the community to attend monthly free - informational sessions about this opportunity. S. Advertising + Marketing: a. Event +Community Marketing: CCC staff members currently attend local events nearly every weekend to raise awareness about the school. We will use these community events to raise awareness about this opportunity. b. Social Media Marketing: CCC will advertise the opportunity using our high traffic Website, Facebook, Twitter + Linked In presence. c. Database: CCC will email the over 5,000 18 -21 year olds currently in our database who expressed interest in our program but did not sign up. C. Will your agency provide paid work experience? If so please describe and include the Paid Work Experience Policy with this proposal CCC will not provide paid work experience. Our goal is to support students to find fully paying work at the end of their program. We have explored paid work experience in the past and have found that once the "payment" stopped the rate of hire was very low. We have had a lot of success identifying internship /externship sites who are looking to hire someone at the end of their experience. D. How will your agency address the barriers that the youth face? Our whole program is created with the focus of assisting students who need extra support to succeed. We provide skilled instructors, small classes, free tutoring, student services and life skills 2501-447 14 training with the expressed goal of reinforcing positive habits, skills and behaviors. Additionally, each student has a team that is set up to help them succeed. This team will include a WIA Youth Case Manager, Program Director, Career Services Team and Instructor. The WIA Youth Case Manager will help coordinate this team as needed to support each student's success. CCC is very hands on. If a student is not in class they will receive a call at home to check in. If they are not showing enough progress in the classroom, they will be required to meet with their Program Director to create a plan for progress. E. What is the length of your program? How much time will a youth need to be in the_ program to get the full benefits? How often will a participant interact with a case manager? All programs meet 9am -2pm or 6pm -10pm daily. In order to complete the program and receive a certificate of completion students must complete the following hours: • Business Office Administration. 720 hours • Medical Front Office with Billing & Coding: 720 hours • Medical Assistant: 820 hours (Including mandatory externship) • Paralegal: 770 hours (Including mandatory externship) The WIA Youth Case Manager will meet with each student one -on -one once a month and additionally if needed. VII.Training A.What type(s) of training will be made available to youth? List the titles of the training certificates. The following trainings are available to youth: o Business Office Administration: 720 hours o Medical Front Office with Billing & Coding: 720 hours o Medical Assistant: 820 hours (including mandatory externship) o Paralegal: 770 hours (Including mandatory externship) In order to complete the program and receive a certificate of completion recognized by the California Bureau for Private Postsecondary Education and the Accrediting Council for Continuing Education & Training (ACCET), a U. S. Department of Education nationally recognized accrediting agency, students must complete the above hours for each program. B.What occupations will the training lead to? Are those occupations in demand? Please elaborate. The above trainings prepare graduates to work in the following occupations: • Business Office Administration: Administrative Assistant, Bookkeeping, Accounting Clerk, Receptionist, Office Clerk, HR Assistant. • Medical Front Office with Billing & Coding: Medical Administrative Assistant, Billing & Coding Specialist, Medical Coder, Medical Secretary, Receptionist • Medical Assistant: Medical Assistant, Medical Administrative Assistant, Medical Front Office Assistant, Medical Secretary, Medical Receptionist • Paralegal: Paralegal, Legal Secretary, Law Clerk, Administrative Assistant, File Clerk The above occupations are listed in the Demand Occupation List for Santa Ana. I 15 Based on the Bureau of Labor Statistics Occupation Outlook Handbook the following programs are growing in their demand: • Medical Assistant: Job Outlook 2010 -2020 will have 31% growth • Business Office Administration: Job Outlook 2010 -2020 will have 17% growth • Medical Front Office with Billing & Coding: lob Outlook 2010 -2020 will have 21% growth • Paralegal: lob Outlook 2010 -2020 will have 18% growth C.How will the training assist youth in obtaining employment? CCC has an extensive Career Services program and department set up to support students in finding jobs in their new career fields. First we equip our students with high- quality training for their career field. Then we provide exceptional support to help our students secure satisfying jobs. We do this through the following five steps: 1. One Month Milestone: One -on -One Meeting (1) - Career Services meets with each student one month into their program to get to know the student and to identify obstacles to successful employment. In this meeting Career Services discusses childcare, transportation and professional clothing options. Additionally they identify any barriers that might keep an employer from considering the candidate. These barriers might include visible tattoos, extreme dental work, piercings etc. In the past we have helped secure students low -cost tattoo removal and in -kind dental and ophthalmology services. This is our chance to make sure that nothing will stand in the way of our students being able to secure jobs at the end of their program. 2. 6 -Month Milestone: One -on -One Meeting (2) — Career Services meets with each student again at the six month point to develop placement goals. Together they work with the student to identify what area of medicine, law or business the student is particularly interested in. This gives the Career Services team some time to begin generating job leads in those areas. 3. 6 -Weeks Prior to Completion Milestone: One -on -One Meeting (3) - Career Services meets with each student again six weeks before they are scheduled to complete their program to begin establishing their internship or externship site and prepping the students for their interviews for these opportunities. By one month prior to completion students will be placed into professional internship or externship sites that will allow students to gain real work experience with the possibility of getting hired at the end. 4. 2 -Weeks Prior to Completion Milestone: Boot Camp - Students spend the last two weeks of their education in a Career Services "Boot Camp ". During this time students create professional resumes, receive training on interview skills, and learn how to use social networking as a tool to get a job. Each day is highly structured and follows a rigorous curriculum developed by our Career Services team and Employer Advisory Board and is constantly updated with the newest information in job search tactics. A copy of our Career Services Boot Camp Curriculum is available upon request. It is also during this two week period that employers come in and recruit our students. Students will also be going out on job interviews that Career Services has arranged for them. Our 25D -449 16 Career Services Department is staffed with two full -time employment professionals who partner with our students to build their careers. Customized Job Search: Once each student has been trained in how to launch and manage their job search they are required to send out 15 resumes a day. Our staff begins a custom job search for each student. CCC has a network of over 1,000 employers in Orange County as well as 25 very engaged Employer Advisory Board Members. We are constantly developing job leads from our network and matching these job opportunities with our students. Every student will be sent out on a job interview and our staff works relentlessly to help each student find an excellent placement. At the end of the two week Career Services "Boot Camp" students will have learned the following skills and most will have already secured employment: • Career planning • On the job success (first 7, 14, 21 • Interview skills and 30 days) • Mock interviews • Dressing for success • Job search techniques • Time management • Developing job leads • Advancing in your job • Networking (in- person and online) Why Employers Hire Career College of California Graduates Employers hire our graduates because at CCC we train the "whole" person. Through our close relationships with employers we have identified exactly what skills and tools our students need to be the most desirable job candidates on the market. Our experience has shown that employers require both, "technical skills" and "soft skills ". We provide our students with both. Employers hire CCC graduates because they know our graduates have the "whole package ". Employer Advisory Board The Career Services Department develops and maintains strong relationships with employers to assist students in finding excellent job opportunities. Many of these employers have hired CCC graduates before and rely on the quality they have come to expect from our school. Our Career Services professionals are constantly developing new employment opportunities by working directly with hiring managers to match graduates with jobs for a perfect fit. D. What employers recognize the certificate(s)? All of the employers that we work with recognize the certificate achieved upon graduating our courses. VIII. Tutoring /Mentoring /Support B. What type of tutoring resources will be made available to help improve youth's iteracy /num era cy skills? CCC uses the General Assessment of Instructional Needs (GAIN) test for the purpose of assessing students' minimum math and verbal skills for admissions purposes 25D -450 17 and for measuring students' academic gain through their programs of study. Minimum scores must be achieved as a condition for admissions and for graduation. Students who score below our minimum requirements cannot begin their career training program and are required to attend tutoring daily until they can increase their scores to our minimum requirements. Students who score at or slightly above our minimum requirements for admissions are able to begin their career training but are required to attend tutoring in order to increase their scores to our specified in- school minimum before the midpoint of their program. CCC offers foundational /basic education tutoring five days a week after class to help students achieve sufficient math and verbal skills. A. What type of mentoring will be made available to youth? CCC offers multiple opportunities for students to receive mentoring including the following: Youth Program Coordinator: Each of the youth enrolled in this program will meet regularly with the Program Coordinator. She will provide coaching and mentoring to be sure the student is on track and using the available resources. She will help the student set and achieve goals, seek and receive extra support and connect to support services if needed. Program Directors: Once the student has begun their program, they will meet with their Program Director about any education and attendance issues that arise. Each student will meet one -on -one with their Program Director at the start of their program and review their Career Action Plan f includes their short and long -term goals as well as activities to achieve them). Their Program Director acts as a guide and mentor through their program. They help the student set and achieve goals, seek and receive extra support and connect to support services if needed. Internal Internships: For students with limited or no previous professional experience we offer an internal internship program. We partner students with a CCC staff member who mentors them while they learn how a business office functions and then practice and perform office duties. External Intern + Externships: All students are supported to participate in either an internship (optional) or an externship (mandatory). CCC sets up opportunities for students to do on the job learning in their field towards the end of their program. We establish a partnership with an employer who acts as a mentor and helps the student put their education into action in the work setting. These are high- impact learning experiences and provide recent experience on student's resumes. Many of these opportunities turn into paid jobs at the end of student's programs. EXHIBIT A 25D -451 18 C. What type of services or support will be made available to youth facing challenging life obstacles such as: family dysfunctions, mental health issues. substance abuse. low self- esteem. etc. Student Services Career College of California understands that life is not always easy. Obstacles get in the way when people try to achieve their goals. For that reason the CCC Student Services Department is here to provide support. These are some of the services currently available: Support & Referrals We offer emotional and practical support during times of crisis. If a student is facing a life challenge they may come and speak with our Student Services Coordinator who will provide direct support or can refer them to one of our many community partners who can help them with different social services including food, housing, mental health, substance abuse, family planning, domestic abuse, clothing, housing and transportation. Student Relief Fund We have a small fund available for students who are in immediate need of limited financial support for gas, food or other urgent necessities. Tutoring Students who want extra help and additional academic support with their courses are invited to attend our tutoring sessions. Our tutors provide students with extra exercises, different approaches and explanations that help deepen the learning. They are available for all programs every afternoon. Career Closet With the help from the community we are able to provide professional clothes on our campus to help students get ready for interviews. If we cannot find them the right fit we will make a referral to Working Wardrobes or Women Helping Women. Community Services /Volunteer Opportunities We believe that finding a way to give back to the community not only makes a positive impact but also provides students with skills, experience and confidence. We encourage our students to get involved and offer community volunteer opportunities. If students complete 30+ hours of community service by the end of their program they will receive an award and be recognized at graduation. EXHIBIT A 25D -452 19 IX. Employment A. What type of services /resources will be provided to h I youth attain employment? W-hat is the program plan to ensure that you attain employment? See answer Vil. C. above. B. What employers do you have partnerships with that will hire youth? We have thousands of employer relationships in Orange County. Our Employer Advisory Board spends a lot of time working with and employing our students, Some of those members include: St. Josephs, Hoag, UCI, Pepsi, ADP, Western Dental Services, Inc,, Kaiser Permanente, Volcom, CHOC, Accretive Solutions, Hurley, Volt Workforce Solutions, Hyudai Capital of America, The Walt Disney Company, Craig Law and Apria Healthcare. Additionally we have recently had students placed at: Huntington Beach Urgent Care, Duetsche Bank, Advanced Eye Care and Glaucoma Center, AAA, ADP and US Bank, C. What employers do you have partnerships with that will provide work experience? The same group of employers who hire our students are also the employers who provide internship and externship opportunities. D. What types of employment services will be provided to youth after exit that will assist youth with employment retention, overcome transportation issues, and become self su ' ient. Graduates of CCC immediately enter into our alumni program once they have graduated. This gives them access to all CCC support services including Student Services and Career Services. CCC pays special attention to students in their first 30 days on the job as we have found that success in the first month is a strong predictor of long term retention. In the first month we reach out to the student and to their employer to resolve any issues or barriers that may have come up on the job. CCC offers ongoing Alumni workshops including: 1. Best Practices For Succeeding On The Job 2. How To Earn A Promotion 3. How To Ask For A Raise 4. Financial Independence X. Post - Secondary Education: A. What type of services will be provided to help Youth enter post-5econdary education such as college. apprenticeships vocational training atr at �nrh* +L, �� is the program plan to assist youth in entering post - secondary education? Our student's confidence improves as they succeed in class and in their job. We believe that students are more likely to continue to pursue their education after they have improved their foundational skills and have started down a career track. B. Will the program expose youth to various post - secondary educational Institutions (colleges; universities. vocational training schools apprenticeships etc 1? Although our main EXHIBIT A 25D -453 20 focus in on training and job placement, we do work with students to outline their next educational goal. For many of our students they want to pursue a BA in the evening once they get settled into a job. XI. Common Measures A. Improve Literacy /Numeracy Skills (40 %) 1. How will your program ensure that youth who are basic skills deficient will improve their literacy/numeracy skills? What will the steps /schedule /timeline he to accomplish this goal? (As mentioned above in V111. ) CCC uses the General Assessment of Instructional Needs (GAIN) test for the purpose of assessing students' minimum math and verbal skills for admissions purposes and for measuring students' academic gain through their programs of study. Minimum scores must be achieved as a condition for admissions and for graduation. Students who score below our minimum requirements cannot begin their career training program and are required to attend tutoring daily until they can increase their scores to our minimum requirements. Students who score at or slightly above our minimum requirements for admissions are able to begin their career training but are required to attend tutoring in order to increase their scores to our specified in- school minimum before the midpoint of their program. CCC offers foundational /basic education tutoring five days a week after class to help students achieve sufficient math and verbal skills. 2. What other methods /assessments aside from the TABS test will be used to determine the improvement of the youth's literacy /numeracy skills? As mentioned above, CCC will use the General Assessment of Instructional Needs (GAIN) to assess improvement of youth's literacy /numeracy skills. B. Attain Employment or Enter Post - Secondary Education (65 %) 1. How will your program ensure that youth will attain employment or enter post- secondary education? 2. Describe the steps / schedule /timeline that will take place to accomplish this goal Please see VII. C. above C. Attain a Credential /Diploma /Certificate (61 %) 1. How will your program ensure that youth will at acertificate /diploma /certificate? CCC is committed to our students' success and provides multiple layers of support to help students complete their program successfully. To date we have approximately 90% student completion rate. In order to graduate, students must successfully complete all required modules in their program while maintaining an average grade of 75% (2.0 grade point average) and at least a 90% attendance rate. Requirements for graduation including grades and attendance are outlined in our policy and procedures and catalog and are reviewed with students at the outset of the program. EXHIBIT A 25D -454 21 2. Describe the steps /schedule /timeline that will take place to accomplish this eoal If students are at risk of not meeting the requirements necessary to attain their Certificate of Completion, they will meet regularly with their Program Director and the WIA Youth Case Manager to design and execute a plan to succeed. Weekly, our Program Directors review a report called, "Underperforming Students" and meet with each student on the list to assure that there is a plan in place and the student is getting all the support they need to execute the plan successfully. We are very hands on and often call students when they are late or absent, visit students at home if needed and involve family members if appropriate to help a student succeed. We are also sensitive the each student's unique situation and are careful to engage with the student in ways that will encourage them positively. XII. Prior Outcomes A. If your agency was previously awarded a WIA contract please disclose your agency's oast performance outcomes for the past 1 -2 years-.:Our school has never before received this Youth WIA grant funding however we do have contracts with Santa Ana, Anaheim and Orange County WIBs to provide training to adults. We have had excellent relationships and high job placement rates with all local WIBS. Additionally, we report our completion and job placement rates each year to our accreditor. I have included these below for your reference. For purposes of our accreditor, to count someone as "placed" they must be working in a job in their field of training. Common Measures 2010 2011 Increased Literacy /Numeracy Skills _ /T =�%* _ %* �— 40% — Entered Employment or Post- MA NA ** MA NA ** Secondary Education 65% MFOBC 10/11 =90.9% MFOBC 36/43 =83.7% BOA 9/11 =81.8% BOA 34/41 =82.9% PL 2/2 =100% PL 6/7 =85.7% Attained Credential /Certificate 61% MA NA ** MA NA ** MFOBC 12/11 =86.6% MFOBC 44/52 =84.6% BOA 11/11 =100% BOA 43/50 =86% PL 2/2 =100% PL 8/12 =66.6% Because we have dust instituted the GAIN assessment this year (2012) we don't have outcomes for it yet. "Medical Assistant Program began in 2011 and the results of completion and placement will be reported by June 2013 as per our accrediting requirements. We have an early report on job placement percentages for 2012: Business Office Administration: 87% Medical Front Office Billing & Coding: 90% Paralegal: 100% EXHIBIT A 25D -455 22 X111. Facility A. Provide the address and major cross streets of the location where program services will be delivered Provide the address of the program headquarters if different from the previous address. 201 East 4th St. 2nd Floor, Santa Ana, CA 92701 (cross streets are Bush & 4th St.) B. Indicate hours of operation for the _youth program facility. CCC is open from 8am -10pm. C. Describe what makes your facility youth friendly and suitable for the program Classrooms Career College of California offers classrooms that can accommodate up to 18 students. All the classrooms are equipped with either a multimedia projector or a flat screen monitor to facilitate a smooth class delivery. Student Lounges CCC Students can enjoy having a snack during their breaks at any of the two student lounges where they can find free freshly - brewed coffee and tea, filtered water as well as microwave ovens, healthy vending machines, and a refrigerator. Library All students are encouraged to visit the library where they can not only work on their homework assignments but also do research referring to books or the internet which students can access with any of the 10 desktops available and connect to and use the all -in -one printer, scanner & copier. Wireless Internet Access There is Wi -Fi connection for internet access available throughout the school campus to encourage students to incorporate internet resources to their training. With this useful feature, all students are able to move their assigned laptops to any spot in the classroom or tutoring room as desired. Medical Assistant Lab For the Medical Assistant Program, there is a Medical Lab fully equipped with examination tables and privacy screens as well as electrocardiographs, portable sphygmomanometers and thermometers, centrifuges, as well as other medical equipment Medical Assistants need to operate at a real clinic. EXHIBIT A 25D -456 23 Auditorium Career College of California also offers an Auditorium that accommodates larger assemblies such as Town Hall Meetings where the administration meets with the whole school. This area is also used to hold seminars and workshops. Parking Career College of California has a large parking structure adjacent to the school. Students receive a monthly parking pass allowing them to park in the structure daily while they are in class. The parking area is monitored by the American Shield Private Security. D. Majority of communication between the Provider and Navigator will be via email will the facility have internet access for staff and youth? Yes, wireless internet is available everywhere on campus. E. The facility needs to be compliant with the Americans with Disability Act (ADA) of 1990 please answer complete the ADA /EEO Survey, see Attachment H Yes, XIV. Fiscal Capacity A. Describe the process used to capture and report fiscal data CCC manages financials using Quickbooks and Salesforce. All of our disbursements and receipts are tracked on an individual basis by student and by vendor. We categorize our expenses and receipts in accordance with a detailed chart of accounts. B. Attach a copy of the organization's procurement policies and procedures Attached C. What systems are used to ensure fiscal accountability and appropriate expenditures and planned costs? CCC uses a comprehensive annual budgeting process. Financial statements are prepared and presented on a quarterly basis. These financial statements are reviewed closely by senior management and the Board of Directors. D. Describe invoicing process and list qualifications of staff assigned to task Invoicing for Student Payment /Agency Payment Our current process with WIA for invoicing for adult training includes signing the ITA voucher, emailing 151 invoice, sending progress reports, sending Certificate of Completion and 2,d invoice, sending verification of employment and sending final invoice. Our bookkeeper, an accountant, is responsible for invoicing the WIA case manager and accounting department. Our CEO gets involved as necessary and has extensive financial experience including a degree from the Wharton School of Management and over 15 years in finance. EXHIBIT A 25D -457 24 Invoicing /Purchase Orders/ Internal The following is our internal process for creating payment for vendors and supplies etc: • Create a Purchase Order with the price of each item you need for your department. If the price is unknown ask the vendor for a quote. All POs need to have an attached document stating the price of the items you want to purchase. • New items over $150 need three quotes from different vendors. Attach all the options for your supervisor's approval. • Approve your PO from your supervisor if the total cost is under $150. If your total order is over $150 you need approval from both your supervisor and the CEO. For POs over $150 have your supervisor approve it and then give to Assistant to CEO for final approval. • Supervisors need to put the budget account number for the purchase in the comments box on the PO. • Once the PO is approved you can submit the order. If your items don't get invoiced, ask accounting for a form of payment. If the order is a cash payment ask Assistant to the CEO for petty cash. E. Describe how agency's financial stability- is not dependent on WIA funds If granted this funding, WIA funds will make up less than 15% of our total revenues. F. Submit most recent 2 years of audited financial statements Attached XV.Subcontracting: NA A. Subcontracting client services /activities 5 not permissible under this contract However, if planning to subcontract non - client services such as payroll services lease of equipment. etc., then please identify the subcontractor and the estimated cost for the services. B. None of the duties of or work to be performed by the Proposing Agency shall be subcontracted or assigned to any other agency, consultant or person without the prior written consent of City- Proposing Agency must submit all subcontracts and other agreements that relate to this Proposal to City. No subcontract or assignment shat terminate or alter the legal obligations of proposed program XVI. Budget Narrative A. Budget Narratives will be reviewed to ensure that cost is justified and reasonable for the activities/services proposed, applicant is not solely relying on WIA funds and that The program is leveraging funds from other resources. B. Include a detailed narrative that outlines each line item listed on the Budget Form See Attached C. Describe the costs that will be allocated to the program D. Please indicate the percentage of the budget that will go directly to youth versus over- head /program costs. As we are not using paid work experience nor incentives for students, all of the budget will be used to run the program for the students. EXHIBIT A W 6 i 00� 25 E. Provide and explain the pertinent documents /forms that will be used to track work experience compensation or participant incentives (i.e.; timecards, sign -in sheets, etc j. NA F. Please include the Paid Work Experience Policy if program will provide participants with paid work_ experience. If none, please explain why, NA G. Please include the Supportive Services Policy if the program will provide participants with sul2portnve services. If none, please explain why. Attached H. Please include the Incentive Policy if program will provide participants with incentives. If none, please explain why. We do not provide a paid incentive program. Our entire program is created with the focus of assisting students who need extra support to succeed, We have created a model designed around helping students build internal incentives to succeed. We provide help building a long and short term vision and we use that regularly to help students stay on track. We have had high levels of success keeping students motivated without a "paid" incentive program. We do use low cost incentives like monthly certificates for Dean's List and Prefect Attendance. Our model includes skilled instructors, small classes, free tutoring, student services and life skills training with the expressed goal of reinforcing positive habits, skills and behaviors. Additionally, each student has a team that is set up to help them succeed. This team will include a WIA Youth Case Manager, Program Director, Student Services Coordinator, Career Services Team and Instructor. The WIA Youth Case Manager will help coordinate this team as needed to support each student's success and keep them motivated. XVII. Budget Use Budget Form (Attachment B) to outline the programs budget. Budgets will be reviewed for accuracy and completeness. All proposals will be reviewed for costs that are allowable under WIA, necessary, reasonable, and competitive, as measured by the review of the line item budget, the program design and the comparison to all other proposals. XVIII. Attachments A. Partnership Letter(s) (required if partnerships are included in this proposal). B. Letter(s) of Commitment C. Paid Youth Work Experience Policy D. Supportive Service Policy E. incentives Youth Policy F. Program Forms (i.e. timecards, sign -in sheets, evaluation sheets, etc.) G. Youth Protection Policy EXHIBIT A 25D -459 2s D.Supportive Services r , Student Services Policy and ProcedureCALi,',, Approved: July 19, 2012 Section 1 - Introduction 1. Purpose CCC offers its students a variety of student services aimed at fostering their academic, personal, and professional development and at providing effective support mechanisms to facilitate the achievement of their professional goals with careful consideration of their diverse background and needs. Our Student Services Staff is available to work with students on any issues that may be preventing a student from thriving. These issues may include (but are not limited to) food and housing, childcare, transportation, professional attire, medical care and therapeutic services. We understand that our students are whole individuals and that all areas of their lives must be addressed in order for them to succeed in their education and career. Although we may not be able to directly address some of these areas, we work with local service providers and make referrals as needed to support our student's success and health. 2. Scope This student services policy applies to the following positions: • Student • Student Services Coordinator • Instructor • Program Director • CEO This attendance policy applies to the following programs • Business Office Administration • Medical Front Office with Billing & Coding • Medical Assistant • Paralegal EXHIBIT A W Id ' I-eilc 29 Section 2 - Policy 1.1 Student Services Referrals Policy: Students who are facing challenges in their non - academic life that are providing barriers to their academic success may be referred to the Student Services Coordinator. When they meet with the Student Services Coordinator, she will work with the students to provide support during times of crisis. The Student Services Coordinator who will provide direct support or can refer them to one of our many community partners who can help them with different social services including food, housing, mental health, substance abuse, family planning, domestic abuse, clothing, housing and transportation. Procedure: • Instructors that notice that a student is facing personal challenges that are affecting their experience at school will notify the Program Director. • Upon notice, the Program Director will contact the student to recommend Student Services sessions. • If the student accepts the recommendation, the Student Services Coordinator will contact the student to schedule a session where they will work together to come up with proactive actions to help with issues that seems to be challenging the student. • Advising sessions will continue until the student feels they have received the necessary support. • Advising sessions are documented electronically by the advisor in Edline. Career Closet + Student Relief Fund • If during a Student Services session it is clear that the student is in need of attire or emergency funds, they may apply for either the Career Closet or the Student Relief Fund. • Student must fill out an application for each service. • Application will be reviewed by the CEO for approval. • Upon approval they will receive approved services /funds. 1.1.1 Acadernic Advising Policy: Students that are facing challenges to cope with the academic progress of their programs of study may be referred by their instructor for or may directly request academic advising sessions. Academic advising sessions aim at assisting students overcome academic challenges by assessing their learning skills and proposing effective study techniques. Procedure: • Instructors that notice that a student has failed 3 consecutive tests or whose work is below the average of the class must immediately notify this to the Director of Education, • Upon notice, the Director of Education will contact the student to recommend academic advising sessions as a preventive measure to avoid the possibility of an academic probation. • If the student accepts the recommendation, the Director of Education will appoint an academic advisor for the student. • The advisor will contact the student to schedule a minimum of 3 one -hour advising sessions where they will work together in the review of the content that seems to be challenging the student. EXHIBIT A 25D -461 30 • Advising sessions will continue until the student improves his /her performance to a level that satisfies the instructor. • Advising sessions are documented electronically by the advisor in Edline. • The same process is to be followed when a student specifically requests advising sessions 1.1.2 Academic Tutoring Policy: Students that are facing challenges to cope with the academic progress of their programs of study, or would like to strengthen their knowledge on a specific topic discussed in class, may be referred by their instructor for or may directly request academic tutoring sessions. Academic tutoring sessions aim at assisting students overcome academic challenges by reviewing the academic content that the student is having challenges with or gain a better understanding of a topic by presenting it in a more detailed and /or complex way. Procedure: • Instructors that notice that a student has failed 3 consecutive tests or whose work is below the average of the class must immediately notify this to the Director of Education. • Upon notice, the Director of Education will contact the student to recommend academic tutoring sessions as a preventive measure to avoid the possibility of an academic probation. • If the student accepts the recommendation, the Director of Education will appoint an academic tutor for the student. • The tutor will contact the student to schedule a minimum of 3 one -hour tutoring sessions where they will work together in the review of the content that seems to be challenging the student or that the students would like to further study. • Tutoring sessions will continue until the student overcomes the academic challenge or feels satisfied with its level of complexity, as the case may be. • Tutoring sessions are documented electronically by the tutor in Edline. • The same process is to be followed when a student specifically requests tutoring sessions. • Tutoring sessions may also be available on a fixed schedule. In such instances, students are notified via Edline and students sign up at the time and room scheduled directly with the tutor in charge who will then input the participant's information in Edline. 1.1.3 Extracurricular Events Policy: CCC believes that effective professional training may not be achieved by exposing its students to only academic- related experiences and material but rather by making available to them different activities that, although unrelated to curriculum, certainly contribute to the overall formation, employability, and long -term success of its students. Procedure: • The Director of Education will propose and coordinate no less than one extracurricular activity every 3 months. EXHIBIT A W O . r% 31 • Extracurricular events must be held on campus and may not disrupt significantly the regular course of instruction. • All extracurricular activities must be approved by the School Director. • Extracurricular activities include, but are not limited to, focus groups or clubs, school newsletters, seminars or workshops on life- coping skills (e.g. financial planning, integral wellness, time management, etc.), celebration of important dates, etc. 1.1.4 Resource Center Policy: CCC Resource Center makes available to students reference books, professional journals, and multimedia material (audio, video, text), as well as high -speed wireless Internet connection, to supplement students' formal classroom training and facilitate completion of students' projects assigned. Procedure: • The Director of Education monitors, supervises, and organizes the use of the resource center and ensures that students and instructors find it useful, up to date and relevant. • Students wishing to use the resource center must sign in upon arrival and commit to observe the rules typical to the use of a library space, as posted. • Reference material may not be checked out by students. • Students may not use reference material for more than 2 consecutive hours if there are other students waiting for access to such material. • The resource center is available for student use from 9 am to 7 pm Monday to Friday. The Director of Education may authorize additional hours of operation. 1.1.6 Student Conduct Policy: CCC seeks to create an educational environment that promotes integrity, academic achievement, and personal responsibility, that is free from violence, threats and intimidation, and where the rights, opportunities, and welfare of students are protected at all times. In this regard, CCC students are expected to abide by the Code of Student Conduct described herein. Procedure: • Any school employee that perceives, or is made aware of, an instance of student conduct that threatens the health and/or safety of any person(s) or property must report it to the School Director immediately, • Such conduct includes, but is not limited to: 1.Possessing alcohol or other intoxicants, drugs, firearms, explosives, weapons, dangerous devices, or dangerous chemicals on school premises 2.Theft 3. Vandalism or misuse of school or another's property 4.Harassment or intimidation of others EXHIBIT A WO , *6 1, 32 5.Endangerment, assault, or infliction of physical harm • The School Director, or designee, may immediately suspend any student whose conduct is perceived as described above. • Disciplinary process may also be initiated against any student based upon reasonable suspicion that the student committed or attempted to commit, or assisted in the commission of, any of the following prohibited forms of conduct: 1.Cheating, plagiarism, or other forms of academic dishonesty 2.Forgery, falsification, alteration or misuse of documents, funds, or property 3.Any disruptive or obstructive actions, including, but not limited to: ■ The use of cell phones or other electronic devices for voice or text communication in the classroom, unless permitted by the instructor ■ Inappropriate use of electronic or other devices designed to make an audio, video, or photographic record of any person without his /her prior knowledge and effective consent while on school premises ■ Failure to comply with school policies or directives • Improper use of school Information Technology resources also warrant a disciplinary process. Such actions include, but are not limited to: 1. Harassment 2, Libel or slander 3. Fraud or misrepresentation 4. Disruption or unauthorized monitoring of electronic communications 5, Disruption or unauthorized changes to the configuration of antivirus software or any other security monitoring software 6. Unauthorized copying, downloading, file sharing, or transmission of copyright - protected material, including music 7, Violations of licensing agreements 8. Accessing another person's account without permission 9. Introducing computer viruses, worms, Trojan Horses, or other programs that are harmful to computer systems, computers, or software 10. Posting, downloading, viewing, or sending obscene, pornographic, sexually explicit, hate related, or other offensive material 11. Academic dishonesty EXHIBIT A 25D -464 33 • Any action warranting a disciplinary process must be documented by the School Director by completing a Campus Incident Report Form. • All students under disciplinary process will be suspended and the suspension shall remain in effect until the matter Is resolved. • All actions taken through the disciplinary process will be documented by the School Director by entering the corresponding notes in the student's electronic file in Edline. • All forms of behavior described above constitute a violation of CCC Code of Student Conduct and therefore warrant the initiation of a disciplinary process, as described in 7,17 herein. 1.1.7 Student Disciplinary Process Po_ lice: Students whose conduct is perceived to be, at the sole discretion of the school, in violation of the CCC Code of Student Conduct, as described in 7.1.6, shall be subject to disciplinary process and suspension or dismissal, as applicable, commensurate with the severity of their behavior. Procedure: • Disciplinary process will be initiated, processed, and resolved under direct supervision of the School Director. • The School Director, or designee, will meet with the student immediately after being notified of behavior against the Student Code of Conduct. • In the meeting, the student will be asked to provide details as of the circumstances surrounding the alleged behavior, motivations, witnesses, etc. Notes of the meeting must be entered into the student's electronic file in Edline. • At the end of the meeting, the student will be notified that he /she is suspended while the investigative process is in progress and that CCC will notify by phone or email when the student may resume classes, or by certified mail if the student is dismissed, as applicable. • The School Director, or designee, must then meet with all parties involved, as referred by the suspended student, including witnesses, instructors, staff, etc. and document these conversations in the Campus Incident Log. • A decision must be made within 72 hours of the meeting with the suspended student. • The decision, which must be commensurate with the severity of the infraction, could be one of the following sanctions: o Dismiss the student permanently and notify the corresponding authorities, if applicable. Such students may only reapply for admission with the approval of the School Director. Students dismissed remain responsible for any outstanding balance owed to the school. o Suspend the student for one complete module and warn him that any additional infraction, regardless of its severity, will be grounds for permanent dismissal. o Suspend the student for one week reminding him of his/her obligation to make up missed work and warning him that any additional infraction, regardless of its severity, will be grounds for permanent dismissal EXHIBIT A 25D -465 34 o Reinstate the student if he /she is found innocent or there is no conclusive evidence • Sanctioned students may appeal the School Director's decision by following the procedure described in 8.6 Student Complaints and Grievances, inasmuch as it may apply. • All students involved in infractions to the code of conduct will be required to have no less than two advising meetings with the Director of Education, or designee, during the first week of reinstatement to ensure that he /she is in psychological condition to continue benefiting from his /her program of study. Notes on these meetings are also entered in the student's electronic file in Edline. • Students with pending disciplinary processes shall not be allowed to graduate or participate in graduation ceremonies. Additionally, if a student withdraws from school at any point during the disciplinary process, the student is not eligible for readmission prior to resolving the outstanding disciplinary issue. 1.1.8 Alcohol and Drug Abuse Prevention Policy: CCC is committed to promoting an educational environment free from the abuse of alcohol and other drugs. The administration and staff recognize that the abuse of alcohol and other drugs interferes with a person's ability to learn and retain new information and increases the risk of accidents and serious health problems, All drugs chemically influence a person's motor skills, body function and brain processes, Interfering with judgment, perception, reaction time, and other skills necessary to produce a safe and effective learning environment. Procedure: • Alcoholic beverages are not allowed on the college campus The use, possession, manufacture, sale or delivery of illegal drugs is prohibited on the college campus and at college activities and will be reported to the local law enforcement agency. • Staff or students found in violation of the policy shall, in addition to any penalties imposed by the civil authorities, be subject to disciplinary action. • Violation of this policy may result in dismissal from the college. • Staff or students who demonstrate abuse of alcohol and /or other drugs while on campus will be dismissed for the day. • An alcohol or drug abuser is defined by CCC as an individual whose use of such substances for non- medical reasons adversely affects satisfactory performance or Interferes with normal social adjustment at college. • If the safety of the person dictates, a taxi or an ambulance may be called by college personnel at a cost to the person. • In the case of serious behavior problems, law enforcement personnel will be called. • Any student or employee who has demonstrated abuse of alcohol and/or drugs while on campus must meet with the School Committee composed of the School Director, the Director of Education, and an Executive Director prior to returning to campus. • The School Committee will offer a referral to an appropriate community agency EXHIBIT A A i1i 35 • If the committee agrees to allow the student or employee to continue with CCC, then it will be understood that if such drug or alcohol abuse re- occurs, the action will be grounds for immediate dismissal of the student or termination of employment. • The consumption of alcoholic beverages is prohibited during the scheduled time of an educational field trip. • The advertising of alcoholic beverages is prohibited on college property. Policies and procedures described in 7.1.7 Student Disciplinary Process also apply. 1,2 Students' Dress Code Policy: CCC dress code alms at promoting a professional environment, similar to what students will encounter in the workplace upon graduation and placement and at encouraging those students without a basic professional wardrobe to assemble one and to enable them to become accustomed to wearing professional clothing and working in a professional environment before they go out on interviews and begin their new careers. Procedure: • CCC Student Services Department keeps an updated list of low cost, reasonable quality professional attire local providers. • Students are made aware of this referral upon orientation • Additionally, Student Services keeps a student wardrobe on campus with a large selection of garments that are appropriate for professional interviews. Students in need may not only borrow but rather keep whichever attire items they choose from the campus wardrobe with the commitment to donate some items when they feel their financial circumstances have changed, • Medical programs students are required to wear scrubs to all classes expect for placement workshops, Interview attire will be required during placement workshops. Medical students will be required to adhere to the business and paralegal program dress code until their scrubs are delivered. • Business and legal programs students are required to wear business casual attire to all classes. Interview attire will be required during placement workshops. Optional uniforms consisting of collared shirts are available for students to purchase. Good basic hygiene and grooming are required at all times. • Exposed underwear, T- shirts, shorts for men, jeans, flip - flops, very high heels, club attire, mini - skirts, and pajamas are some examples of attire items that are not acceptable. • Excessively tight or revealing clothes are not acceptable either. • Students found in violation of the dress code may be dismissed for the day at the discretion of the Director of Education. Continued violation of the dress code may lead to disciplinary process. Updated dress code is listed in the School Catalog EXHIBIT A 25D -467 I.Procurement Policies & Procedures (Purchase Order P +P) PURCHASE ORDERS /INVOICE PROCEDURES Purchase Orders 36 1. Create a Purchase Order with the price of each item you need for your department. If the price is unknown ask the vendor for a quote. All POs need to have an attached document stating the price of the items you want to purchase. 2. New items over $150 need three quotes from different vendors. Attach all the options for your supervisor's approval, 3. Approve your PO from your supervisor if the total cost is under $150. If your total order is over $150 you need approval from both your supervisor and Caleb. For POs over $150 have your supervisor approve it and then give to Kayla for Caleb's approval. 4. Supervisors need to put the budget account number for the purchase in the comments box on the P0. 5. Once the PO is approved you can submit the order. If your items don't get invoiced, ask Maryse or Caleb for a form of payment. If the order is a cash payment ask Kayla for petty cash. Invoices 1. All email invoices need to be directed to accounting CcDcareercalifornia.edu. 2. All paper invoices need to be brought to Kayla for Caleb's review. EXHIBIT A W Id A •l1,� YSPN MEMBER PERFORMANCE PLAN 2013 -2014 WIA YOUTH POPULATION YoUth;Populafiion A B IN of Youth t4 be5erved 1. Tutoring, study skills training, and instruction, Out'of �chojl 18 21 15 70TAk N,[IMBERS YQ�JH; TO BEE.�tVR.:: 15 PERFORMANCE GOALS /COMMON MEASURES *DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION Performance Cate o Total of 1"outirlVluitipiied by NO Jr tum k Qf g Ptfnrri5rlceRae.;;,,,, youli.iofulf�il, ,rirmance Placement in Elnploymht QR, Placeent int poste - Secondary Edu m catlbn 15 x 65% = 10 (by Exit or 18` Qua' 0' Up.) Atdmtnent of degree or Certificate a 15 x 61% = 9 (by Exit or by ua 3 ,Clrter {m 6ved,Litera _y OR IVuroe acy 15 x 40% = 6 -.: 10 W1q�LEMEyT$ (rnafk -an "x"ngxt,tQ _i helernts prou ;dgd,�r1 yaur,pragratn� ......_. . 1. Tutoring, study skills training, and instruction, 6. Leadership development opportunities, which may leading to completion of secondary school, include community service and peer- centered X including dropout prevention strategies activities encouraging responsibility and other positive x social behaviors during non- school hours, as appropriate; 2. Alternative secondary school services, as 7. Supportive Services (e.g. tools, books, clothing, etc.); appropriate; x 3. Summer employment opportunities that are 8. Adult Mentoring for the period of participation and directly linked to academic and occupational a subsequent period, for a total of not less than 12 learning (this element cannot be offered as a x months; stand -alone activity); 4. As appropriate, paid and unpaid work 9. Follow -up services for minimum of 12 months after X experiences, including internships and job x the completion of participation as appropriate; and shadowing; 10. Comprehensive guidance and counseling, which 5. Occupational skill training, as appropriate; X may include drug and alcohol abuse counseling and referral, as appropriate. EXHIBIT B I A • , COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C 25D -470 Table of Contents Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 3 3 1. Policy Statement 3 2. Civil Rights 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints 6 II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level g IV. Procedures for Handling Complaints at the State Level V. Procedures for Handling Discrimination Complaints by Participants VI. Procedures for Handling Handicap Complaints by Participants 12 15 17 GLOSSARY OF WIA TERMS 20 z EXHIBIT C 25D -471 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. EXHIBIT C 25D -472 Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70, The Rehabilitation Act of 1973 EXHIBIT C 25D -473 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d, Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: EXHIBIT C 25D -474 Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA EXHIBIT C 25D -475 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non- criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure, A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C 25D -476 A "participant ", within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes_ regarding terms and conditions of employment of any employee who is not a Participant, as defined herein 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C 25D -477 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 EXHIBIT C I i �� b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing, 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 EXHIBIT C 25D -479 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/she so desires. Other he /she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing 11 EXHIBIT C W OMFOOR An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. 12 EXHIBIT C 25D -481 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 EXHIBIT C W O 96L hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA c. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is gnat except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 EXHIBIT C 0M19619] D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 EXHIBIT C �� PRO.CEDURESTpR HANDLING NON- CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with W!A programs operated by LW]As Informal Resolution Process 0 Unsatisfactory Decision or LWIA Decision not issued within 60 days 0 C n 0 Request for State Review w 0 d Governor's Decision issued by State Review Panel o If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 25D -485 6 C C 4 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level 1. The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. v EXHIBIT C WO M19611161, Z. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 1s EXHIBIT C 25D -487 PROCEDURES FOR HANDLING'HANDICAP CQMPLAINTS No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA k Day 1 Informal Resolution o If no resolution reached 0 Request for Hearing Notice of Hearing Hearing Conducted I I Day 145 Day LWIA Decision o Unsatisfactory Decision or No Decision State Review I Governor's Decision I Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C 25D -488 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds, APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 EXHIBIT C W 61 U9,6R, unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post - termination services) funded under the Act, following intake, except for an individual who receives only outreach and /or intake and assessment services. 21 EXHIBIT C CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, 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 subawards at all tiers (including agreements) and that all subrecipients 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 31 U.S.C. 1352. 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. Grantee /Contractor Organi ation 61— 3/b h Signature Date Name of Certifying Official Signature 28 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E W P M PL employee or otherwise receiving actual notice of such conviction; (f} Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f), B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S, Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. May 16, 2013 Date EXHIBIT E WP , X Program Operator Signature Career College of California DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Niko Everett Name of Contractor: Career College of California Contractor Number: Date: 5/16/13 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 201 E. 4th Street #201 Santa Ana CA 92701 EXHIBIT E 25D -494 Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities, The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160 - 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. 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 paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee /Contractor Organiza on /,4 Vei-4 Name and Title of Official Authorized to Certify On Behalf of the Grantee G /5 Date UXLUB 2-05 2.6 0 Q O O m w • , •I0 J - 9 L A W UU N ry E 25 F$ E q E 25 E Si E'$m 3 E E E % o E E � 3 3 ) 3 3 3 pp R v 3 �� ` ov e C C C E` E c E n E c E m E n E £Y .00i ' ��� €md�������g�� ���a� °� >x� >aoad��eda � o a; asaeasd� 3 0 C v a a v m v m e N p wt N a y - o � o Q Z N W m ° O 0 O 0 O O C w�p O p O o o O m O o S .1 wp o O O O O 0 0 O O q 0 O 0 O e Q 0 'a m H 8 v a w •. `o x z z m2 c9 w • , •I0 J Z O Q l7 m 25D -497 p� .4 E E E E E E E a7 a « c a� E m C N C E IEpe E ppi o f $ m O g O O D O O « Q a b y$O � 3 O .O U „O m O O m J m 0 � � O � t � L •G 3 Q a� u BYyi b� YYYry a � o b a � •° a� 8 vJ�Et � lj > U Q V N N f N N v? N N N N N N N N N N W A2 H _ N N N N- 'All O n W is is r r n r: FIN eo c•u 0 r :« yl N N �rt ^F f S �u E 'g D E 25D -497 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. [►�'' We will provide records to show that we are fiscally solvent, if needed. ®� We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: [31 Records accurately reflect actual performance. [g'' Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non - discrimination provisions. ❑�� Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Q/ Meeting requirements of the American's with Disabilities Act of 1990 []� Meeting all applicable labor law, including Child Labor Law standards. ©� Agree to provide a drug free workplace. Q� Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure Proposer's employees through Workers Compensation Insurance (including part -time employees) Procurement policies and procedures are in place and meet federal guidelines. ❑ Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 We will not: [dace a youth in a position that will displace a current employee. Qll`s'e WIA money to assist, promote, or deter union organizing. se funds to employ or train of persons in sectarian activities. E�Kse funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. E3trs-e WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. E; tlse WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program {s} are only for youth eligible to participate under WIA. Do—se WIA money u rider this contract to purchase any equipment. I hereby assure that all of the above are true. 3 me Title Date 25 A6248 ACCORI /*"7 9-6 CERTIFICATE OF LIABILITY INSURANCE DATE(MM /ODlYYYYI 01 -07 -2013 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATEOF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the Certificate holder is an ADDITIONAL INSURED, the policy0es) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Neu of such endorsement(s). PRODUCER B SANDOVAL INS AGENCY /PHS 184899 P:(866)467 -8730 F :(877)905 -0457 UUNTACT NAMKi 6)467-8730 I (A/C,No): (877) 905 -045 ADDRESS: PO BOX 33015 SAN ANTONIO TX 78265 INSURER(S) AFFORDING COVERAGE NAIC A INSURER A : Hartford Casualt Ins CO—INSURER a : Sentinel Ins Co LTD FORTUNA EDUCATION, LLC DBA CAREER COLLEGE OF CALIFORN INSURER C INSURER D: EACH OCCURRENCE 201 E 4TH ST STE 200 INSURER E: SANTA ANA CA 92701 INSURER F u172 SBA UW5601 i.UVERAGES CERTIFICATE NUMRFR• - - - -- ncvtalum NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE 1NSR WVD POLICY NUMBER IMMlDO/YYYY) (MMIOO/YYYY) I UNIns GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 A COMMERCIAL 1 1 MERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR General Liab LI u172 SBA UW5601 02/12/2013 02/12/2014 PREMISES FUMD 9 300 , 000 IVIED EXP (Any one personj $ 10,000 X PERSONAL B AOV INJURY S 1,000,000 GENERAL AGGREGATE 9 2,000 0 0 0 EN -L AGGREGATE LIMIT AMLES PER: POLICY u PRO- I X i -•BLOC PRODUCTS . COMP/OP AGG I S 2,000,000 1 AUTOMOBILE UABILTf COMBINED SINGLE LIMIT IEa Occident) S 11000,000 B X ANYAUTO ALL OWNED I 'SCHEDULED AUTOS L� AUTOS X HIRED AUTOS NON -OWNED I X AUTOS L`J u 72 UEC PE1757 01/21/2013 01/21/2014 BODILY INJURY (Pet person) $ .__. BODILY INJURY (Per Occident) i PROPERTY DAMAGE (Per accident) _ 1 1 UMBRELLA LIAR U OCCUR EXCESS LIAB CLAIMS -MADE U U u EACH OCCURRENCE g AGGREGATE s DEO� RETENTION s WORKRAS COMPENSATION AND EMPLOYERS' UAB LITY YIN ANY PROPMETOFWARTNERfEXECUTIVE- OPFICMIMEMBER EXCLUDED ? u en (Mdelo v In NMI II Yee, describe Under DESCRIPTION OF OPERATIONS below N I A WC STATU- 0TH- T Y OMITS ER B E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE 0 E.L. DISEASE • POLICY LIMIT t uu DESCRIPTION OF OPERATIONS /LOCATIONS /—m—, (At' -c ACORD 101, Additional Remtsks SclwdtJe, R ttbrs space Is tequhad) Those usual to the Insured's Operations. Certificate holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. Certificate holder is an Additional Insured per the Commercial Auto Broad Form Endorsement HA99130187 attached to this policy. CERTIFICATE Hnl noa ACORD 25 (2010/05) e 1988 -2010 ACID PORATIQN. All rig ved7— The ACORD name and 690 are registered marks of ACORD I (� --� 'C�( jg 41SA E ST O R orne�l EX25D_499 Assistant C'tyI — '`'f City of Anaheim SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 290 S ANAHEIM BLVD STE 102 ANAHEIM, CA 92805 AUTMORIZ PRESENTATIVE / / En P►S 'to Folk% ACORD 25 (2010/05) e 1988 -2010 ACID PORATIQN. All rig ved7— The ACORD name and 690 are registered marks of ACORD I (� --� 'C�( jg 41SA E ST O R orne�l EX25D_499 Assistant C'tyI — '`'f POLICY NUMBER: 72 SBA UW5601" FA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON- ORGANIZATION c ORANGE COUNTY WORKFORCE INVESTMENT BOARD THE COUNTY OF ORANGE AND THE STATE OF CALIFORNIA a 1300 S GRAND AVENUE BLDG B 3RD FLOOR SANTA ANA, CA 92705 M r-1 / ri CITY OF ANAHEIM WORKFORCE DEVELOPMENT Ln ITS OFFICIALS, AGENTS, EMPLOYEES, REPRESENTATIVES AND VOLUNTEERS N 50 SOUTH ANAHEIM BLVD., STE 200 p ANAHEIM, CA 92805 0 0 '., COMMUNITY DEVELOPMENT AGENCY AGENCY M -25 CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 PO BOX 1985 T SANTA ANA, CA 92702 SANTA ANA WIA OFFICE PO BOX 19BB -M73 SANTA ANA, CA 92702 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA r SANTA ANA, CA 92702 �e i� APPROVED AS TO FORM. T A L L CITY ATTORNEY CREST BY r Form IH 12 00 11 85 T SEQ. NO, Process Data: 11/30/11 002 Printed in U.S.A. Page 001 Explratlon Date: o2/12J ✓£D �fS To f Uw COPY APP 5 ` E E c �1SA AttoCney ltb-oo 5 p ssisiant City BUSINESS LIABILITY COVERHvE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. S. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 of 24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: '-� a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft EMI 501 If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. - Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. - Coverages. (;s "�. LISA S i DilFdrrn SS 00 08 04 05 q,sistant City Attw"'' (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSirvESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of; (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or, rganization in a contract, a egRnV �O? pIrmit that was executed ApF.a0VED I r to the injury or damage. Form SS 00 08 04 05 iORCK I Page 17 of 24 EXHIBIT LISA S pttorne'� ��tant City A` °R°' CERTIFICATE OF LIABILITY INSURANCE DATE (MwoomYYI 03/07/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(les) must he endorsed. If SUBROGATION 13 WAIVED, su4)ect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certmoate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Eddie Quillares Jr. State Farm Agency 415 N. Broadway O Santa Ana, CA 92701 a NAME: Eddie QUllieres Jr. _ PHONE Ertl: 714$17 -7150 i f;X N*t Z14- 617 -71 E4AAIL ADOREss: eddie eddieglnsurance.com INSURE S AFPOROING COVERAGE NAIL 0 INSURER A: State Farm Fire and Casualty Com n St INSURED FORTUNA EDUCATION LLC 201 E 4TH STE 200 SANTA ANA, CA 92701 INSURER s: INSURER C: EACH OCCURRENCE INSURER D: ! INSURER E: PREMISEs (fa oruxsncel INSURER F: VIED EXP (Any ore ersol) L.UVr-KALit?J GERTIFIGATE NUMB ER: 92CM E4764 RFHISInM MIIEIFIFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE Of INSURANCE AurHpuao REPRESENr „vE i POLICY EPP POUCY NUMBER POUCY MMN LENTS A CENERALLIABILRY ICOMMERCIAL CLAIMS -MADE X OCCUR EACH OCCURRENCE �$ ! PREMISEs (fa oruxsncel s VIED EXP (Any ore ersol) _ S PERSONAL i ACV INJURY f J GENERAL AGGREGATE f GEN'L AGGREGA'ELIMITApPLIES PER POLICY I I TCOT i LOC PRODUCTS. COMPIOP AGG f f AUTOM0&L E LIABILITY ANY AUTO ALL DINNED SCHED LLEO AUTOS OYJEO HIRED ALrCS AUTOS I � Es &=de 1 SINEDSINCLZ-L I , $ BODILY INJURY (Per person) ; S . BODILY INJURY ITNTeJ7rUt} RY jPr a u dentAUTOS S DAMAGE _ f ! S UMBRELLA LJAG EICES3LIAB OCCUR C YS-MAOE EACHOCCURRENCE f AGGREGATE f DED I i RETENTIONS S A WONI(ERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPR1ETCR/PARTNER /EXECU FIVE OFFICEMEMSEt EXCLUDED? Q INUWetory in NHl I yes. desu,he u,Ylr 82CME4i64 ''I NIA % ❑I PF-11 J 03101%2013 03/01%20/4 I STATU• 'CFF, ` (Te YLI EL. EACHACCIOENT S 000 1.000, _ E.L. DISEASE - EA EMPLOYE 1,000,000 f E.L. DISEASE - POLICY LIMIT ' f 1,000,000 DESCRIPTION Of OPERATIONS I LOCATIONS I VEHICLES IAttech ACORO 101, Additional Renrrke Schedule, Ir more space Is reRuked) CERTIFICATE HOLDER r_ANI75:1 I ATIn AI SANTA ANA WIA OFFICE 1988 -M73 PO BOX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92702 AurHpuao REPRESENr „vE i ACORD 25 (2010105) 1 88 -2010 ACORD CORPORA 10 I All rights reserved. The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11 -15 -2010 ,A�DPROVED AS TO FORM - - AA4 v� LISA E. STORCK Assistant City Attorney Elfgb1503 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 1St day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and K.idWorks Community Development Corporation a non -profit corporation ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference 25D -504 Page 1 of 15 incorporated herein. CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (1,. 0.) 11246, as amended by E. 0. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such infonnation, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25D -505 Page 2 of 15 CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment /Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice /Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and 25D -506 Page 3 of 15 attendance records, contract and subgrant award documents [29 CFR- Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. 25D -507 Page 4 of 15 R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all 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 Section 5200) of Part 5 of Division 9 of the state Family Code; and, 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 Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $81,302 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. 25D -508 Page 5 of 15 III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2013 and all duties arising under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, Contractor agree to implement and 25D -509 Page 6 of 15 shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other. than English. A. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this 25D -510 Page 7 of 15 Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. 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, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery, The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. 25D -511 page 8 of 15 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance, Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, ail elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 25D -512 Page 9 of 15 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will 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 CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability, CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the fonn as Exhibit I, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self- insurance. 25D -513 Page 10 of 15 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self- insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. 25D -514 Page 11 of 15 XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and finds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. 25D-515 Page 12 of 15 Xv. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 25D -516 Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: KidWorks Community Development Corportation 1902 W. Chestnut Ave., Santa Ana, CA 92703 Phone: (714) 834 -9400 Fax: (714) 834 -9494 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -517 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney M- Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" in Kevin O'Rourke Interim City Manager KidWorks Community Development Corporation "CONTRACTOR" BY: Name: Ava Steaffens Title: Chief Executive Officer Tax ID 4: 74- 3081569 25D -518 Page 15 of 15 Cover Page PROPOSER APPLICATION Agency Legal Name KidWorks Community Development Corporation Agency DBA Special Events Program Name CareerWorks Program Program Address 1902 W. Chestnut Ave., Santa Ana, CA 92703 Corporate Office Address 1902 W. Chestnut Ave., Santa Ana, CA 92703 Contact Person & Title Ava Steaffens, CEO Email ava@kidworksonline.org Telephone # 714 -834 -9400 ext. 103 Fax # 714- 834 -9494 Federal ID Number 74- 3081569 AGENCY STATUS Public Non- X Corporation Special Events Private Non- Corporations FArnount 11 Profit $405,946 $181,158 $98,059 Profit Closed Years in Private for Government Other Profit Operation? PRIMARY FUNDING SOURCES Funding Source Government Foundations Special Events Individuals Corporations FArnount $237,443 $1,229,365 $405,946 $181,158 $98,059 HOURS OF OPERATION AND DAYS Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Hours 8am -7pm Sam -7pm Sam -7pm Sam -7pm Sam -9pm 9am -5pm Closed TARGET POPULATION Older Youth X Younger X Out -of- School X in- School X Youth # of Youth to be Served In 2012/2013 12 1 Total WIA Funds Requested 1 $ 81,302 In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the agency named above. EXHIBIT A 25D -519 PJ Signature G� Title CEO Date 3/1/2013 I. Executive Summary KidWorks Community Development Corporation (KidWorks) is a 501(c)3 non - profit organization. KidWorks requests WIA funding in the amount of $81,302 to support the CareerWorks Program, which will provide paid work experiences, diploma/certificate /GED completion support, and college /career readiness services to 12 youth ages 16-21, Of these 12 WIA eligible youth, 6 will be out -of- school and 6 will be in- school. There will be priority spots for at least one probation youth, one foster /emancipated youth, and one youth with disabilities. At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. II. Experience /Qualifications Experience: KidWorks Community Development Corporation was founded in 1993 as a program of a non - profit agency called Hispanic Ministry Center. KidWorks independently incorporated to have its own non - profit status in 2002 with a mission to restore at -risk neighborhoods one life at a time. From 1993 until 2005, KidWorks' services were primarily aimed at children, 4 -12 years old, living in Santa Ana, California. Since 2005, KidWorks has been offering extensive youth development programs that include paid work experiences, tutoring, SAT preparation, college application assistance, job site visits, college campus tours, summer employment, leadership development training, financial literacy, youth -led community service projects, fitness activities, and mentoring relationships. For the past two years, KidWorks has offered workshops to expose youth to careers in the fields of Science/Health, Technology, Engineering, and Math (STEM). In Summer 2009, KidWorks operated a Santa Ana Youth Employment Program through the Santa Ana W /O/R/K Center and employed eight 1 Ott' and 11 t" grade students. 100% of those students returned to high school the following semester and have obtained their high school diploma. Of the eight who graduated from high school, six are enrolled in college and one is employed. Impact: KidWorks serves over 800 children, youth, and parents in weekly educational and enrichment programs and up to 3,000 residents per year through community -wide services and events. For the past four years, 91% of high school students enrolled in KidWorks' after school program have graduated from high school on -time and 94% of graduates have enrolled in college /university, technical school, or military service the following quarter. Although academic achievement is encouraged at KidWorks, we do not discriminate towards low- or high - achieving students. KidWorks provides a safe haven in high -risk, "crime hot spot" EXHIBIT A 25D -520 neighborhoods where there are few positive outlets offered to youth. Youth at KidWorks find a place where they can develop into their best possible selves with hope for their future. KidWorks is an active participant in bringing community improvements to at -risk neighborhoods of Santa Ana. KidWorks is involved with two public safety task forces that increase engagement between residents, apartment owners, Santa Ana Police Department, Orange County Probation Department, multiple service providers, clergy, and city officials. These task forces have been responsible for collaborating on rehabilitation of low- income housing, building new playgrounds, improving and securing local parks, and starting a community garden. Budget and Revenue: KidWorks' annual operating budget for FY 2011/12 was $2,294,659 and the current year's budget is $2,706,412. Last year, KidWorks secured revenue from the following sources: foundations- 49.5 %; fundraising events- 16.3°/x; government grants- 9.6 %; volunteer hours- 8.1 %, individual contributions- 7.3 %; corporate grants- 3.9 %; in -kind donations- 2.9 %; earned income and program fees- 1.3 %; and church donations- 1.1 %. Case Manager: The CareerWorks Program will dedicate one three - quarter -time (0.75 FTE) case manager, Daniela Valenzuela, to the program. Since 2011, Ms. Valenzuela has been employed as KidWorks' College & Career Readiness Coordinator. She is well qualified to be the full -time case manager dedicated exclusively to the CareerWorks Program. She earned her Master's degree in School Counseling and a Pupil Personnel Services Credential, School Counseling from Azusa Pacific University. She also earned her Bachelor's degree in Sociology with a minor in Spanish from California State University, Dominguez Hills. She is experienced overseeing college and career readiness services, including teaching workshops, leading field trips, and conducting individual guidance counseling with youth to help them set goals and monitor their progress. The CareerWorks Program Case Manager will fully participate in all Santa Ana W /O /R/K Center and WIA program trainings. The Case Manager will receive newsletters and reports from Employment Development Department and the Forum for Youth Investment in order to stay current with reports, developments, and resources available in the field of youth workforce development. The Case Manager will be familiar with the tools available in the Youth Division of the Department of Labor. III. State the Problem KidWorks operates three community centers in central Santa Ana in densely populated neighborhoods where there are 5.4 people per occupied dwelling twit. According to census data about these three areas, 92% of residents are IIispanic, over 22% have incomes below the poverty level, 58% of residents are under 18, 35% of adults have graduated from high school, and 6% of adults have a college degree. In the city of Santa Ana, there is an overwhelming need to strengthen career opportunities for youth. According to the California Employment Development Department, as of December EXHIBIT A 25D -521 2 2012, the unemployment rate for Santa Ana is 10.8 %, compared to 6.8% in Orange County as a whole. A first step for many youth who want to pursue a high - growth and high -demand career is to enroll in college. However, according to EdTrust West, in 2010 only 15% of Latino graduates from Santa Ana Unified School District had taken the A -G course sequence that is required for admission to the California State University and University of California school system. This lack of preparation for college throughout their high school education limits the career opportunities for youth as they transition into adulthood. IV. Barriers The CareerWorks Program will serve 12 WIA eligible youth ages 16 -21. There will be priority spots for at least one probation youth, one foster /emancipated youth, and one youth with disabilities. In addition to the community -wide problems stated above, the youth served by KidWorks face the following barriers to employment: dropping out of high school; lacking reliable transportation; struggling with homelessness; having a gang affiliation; lacking school credits to graduate; possessing low levels of literacy and /or numeracy; practicing poor hygiene; lacking necessary clothing, books, or equipment; struggling with substance abuse; and living in poverty. V. State the Solution The CareerWorks Program brings paid work experiences, certification opportunities, and college /career readiness training to youth facing the aforementioned barriers to achieving post- secondary education and/or employment. Youth will receive necessary support to make educational advancements, gain workforce experience, and prepare themselves to be self- sufficient. KidWorks has an asset -based approach to positive youth development. All programs operate from a service model that helps a youth discover his or her strengths and gives the appropriate support and resources necessary to further develop those strengths and overcome barriers. All staff is trained in the Search Institute's 40 Developmental Assets in order to promote positive experiences and qualities that help influence the choices young people make and help them become caring, responsible, successful adults. We strive to recognize and build upon the assets of youth, including positive peer influence, community service, achievement motivation, decision making, adult role models, and a positive view of personal future. When a youth enrolls in CareerWorks, the Case Manager will evaluate their needs and the specific barriers they are facing. Participants will benefit from personalized case management and goal - setting exercises. The Case Manager will offer supportive services (i.e., books, school supplies, transportation, work. attire, etc.) for youth to be equipped to fulfill their educational and occupational goals. Together they will develop an individual service plan and set manageable, tangible, time - sensitive goals for the youth that will include a combination of the following EXHIBIT A 25D -522 outcomes: literacy /numeracy gains, completion of a diploma/certificate /GED, and /or placement in higher education/employment. Upon program exit, participants will receive incentives that reward the achievements of their goal. Please see attached incentive policy. The Case Manager will work with youth to identify personal goals and develop strategies to overcome personal barriers which may include: making up school credits; determining safe ways to travel; addressing challenging relationships with family, friends, or significant others; creating a personal finance plan; receiving counseling for substance abuse; and/or navigating away from gang affiliates or other negative peer influences. The Case Manager will make service provider referrals as necessary. CareerWorks Program will help youth make educational gains and enter the workforce by providing tutoring, study skills training, instruction leading to completion of secondary school, paid work experience, leadership development opportunities, youth -led community service projects, supportive services (i.e., books, software, school supplies, transportation, and work attire), adult mentoring, and comprehensive guidance counseling, including drug and alcohol counseling referrals as necessary. VI. Proposed Program Description: The CareerWorks Program will provide paid work experiences, diploma/certification/ GED opportunities. and college /career readiness services to 12 youth ages 16 -21. Of these 12 WIA eligible youth, 6 will be out -of- school and 6 will be in- school. There will be priority spots for at least one probation youth, one foster /emancipated youth, and one youth with disabilities. Recruitment: To recruit eligible youth participants, KidWorks will partner with Olive Crest, the OC Probation Department, Valley High School, and Loren Griset Academy. The Case Manager will present the program to youth, parents, and/or staff at the related agencies /groups. The CareerWorks Program will have priority spots for at least one probation youth, one foster /emancipated youth, and one youth with disabilities. If these priority spots are not filled by October 1, 2013, they will be open to all WIA- eligible youth. The Case Manager will also outreach and recruit for the program among the 80 youth, ages 16 -21, currently enrolled at KidWorks. After every presentation the Case Manager will immediately follow -up with interested youth and receive referrals from staff and parents to ensure that by December 31, 2013, at least 9 youth (75 %) will be enrolled in the Program. The Case Manager will continue making in- person presentations with youth, parents, and staff, and receive referrals until all slots are filled. The CareerWorks Program will attract and interest youth by assigning dynamic staff and volunteers trained in youth development to work with program participants; utilizing new technology (20 computers and 20 Wads); having relevant, youth - friendly, and culturally - competent curriculum; and maintaining clean, bright, and inviting facilities for youth to feel welcome. In the past, family members and schools have been the highest source of referrals for the over 300 families currently enrolled at KidWorks. EXHIBIT A 25D -523 R Paid Work Experience: The CareerWorks Program provides paid work experiences in the fields of childcare /teaching assistant, clerical /reception, and compost/recycling waste management. Youth will be able to earn $9 per hour working for KidWorks from 2 -20 hours per week depending upon their availability and placement. Youth placed in the childcare /teaching assistant position will help in KidWorks' state- licensed preschool between the hours of 8am -3pm or in KidWorks' after- school program for K-5 1h grade students between the hours of 3 :30pm -6pm. Youth will help prepare and clean up the classroom activities as well as assist the children as they listen to the teacher's instructions and work on projects. Youth placed in the clerical /reception position will assist the Office Manager with general office duties, including but not limited to operating office equipment (phones, copiers, printers, laminators), greeting visitors who enter the reception area, practicing the alphanumerical filing system, keeping office supplies stocked and organized, and helping promote a productive and friendly work environment. Youth placed in the compost /recycling waste management position will collect compostable food waste and recyclable materials from families and agencies participating in the Santa Ana Compost Program. They will transport the food waste to The Grain Project's community garden at Jerome Park for composting. They will transport recyclable materials to KidWorks Dan Donahue Center for recycling. They will keep track of the amount of waste collected and share this information with their supervisors. Address Barriers: When a youth enrolls in CareerWorks, the Case Manager will evaluate their needs and the specific barriers they are facing. The Case Manager will offer supportive services (i.e., books, school supplies, transportation, work attire, etc.) for youth to be equipped to fulfill their educational and occupational goals. Together they will develop an individual service plan and set manageable, tangible, time - sensitive goals for the youth that will include a combination of the following outcomes: literacy /numeracy gains, completion of a diploma /certificate /GED, and /or placement in higher education/employment. Upon program exit, participants will receive incentives that reward the achievements of their goal. Please see attached incentive policy. The Case Manager will work with youth to identify personal goals and develop strategies to overcome personal barriers which may include: making up school credits; determining safe ways to travel; addressing challenging relationships with family, friends, or significant others; creating a personal finance plan; receiving counseling for substance abuse; and/or navigating away from gang affiliates or other negative peer influences. The Case Manager will make service provider referrals as necessary. Length of Program: The CareerWorks Program is a year -long program. To get the full benefit of each component, youth should be in the program for at least one year. After the year, youth will be encouraged to continue meeting with the Case Manager, tutors, and mentors to benefit EXHIBIT A 25D -524 from support as they pursue educational and occupational goals. The following lists the program services and the frequency that WIA participants will need to attend the various activities, as specified in their individual service plan: Paid Work Experience: 2 -20 hours per week depending on placement and availability (Sept - June); Tutoring sessions: up to 4 hours per week (Sept- June); certificate courses /GED preparation program: 2 -4 hours per week (Sept - June); college /career field trips: up to 5 per year (Ongoing); college /job application workshops: up to 1 hour per month (Sept -Dec); financial aid workshops: 3 per year (January - March); SAT Preparation: up to 3 hours per week (Jan- March); career exploration: up to 1 hour per week (Sept -May); STEM - focused workshops up to 4 hours per month (Ongoing); high - growth/high- demand job site visits: approximately 3 sites per year (Ongoing); job- readiness trainings: approximately 2 times per year (Sept- June); financial literacy training: 1 hour per week (Jan-Feb); adult mentoring: approximately 4 hours per month (Ongoing); leadership development training: up to 4 hours per month (Sept - June); peer -led community service: approximately 2 projects per year (Ongoing); individualized and comprehensive guidance counseling and service - provider referrals, as necessary: 1 hour per month (Ongoing); supportive services (books, school supplies, transportation assistance, and work attire): as necessary (Ongoing); and follow -up interviews: at least 6 times per year (Ongoing). There will be high frequency of contact between the Case Manager and WIA program participants. They will meet each week to assess progress towards personal goals as well as their experience in program services. Once youth exit the program, KidWorks recognizes that they remain vulnerable to similar obstacles that they faced before the program. Although youth can start a job or begin college, keeping that job or staying in college is even more important. During the 12- months after a participant exits the CareerWorks Program, KidWorks commits to maintaining a supportive relationship with the youth. Within 3 days of starting a new job or starting school, the Case Manager will conduct a follow -up phone call to check on progress and help the youth work through any obstacles that have come up. Additionally, within the first 2 weeks of this transition, the Case Manager will meet the youth on their day off, during their lunch break, or after work/class to discuss and work through any issues that may have arisen. For the remainder of the first quarter of the follow -up year, the Case Manager will call the youth on a monthly basis to check in and offer appropriate support, referrals, and services. For the remaining 3 quarters, the Case Manager will call the youth at least once per quarter to check on progress. During the 12 month follow -up period, the Case Manager will offer exited program participants the opportunity to participate in workshops, classes, events, and service projects at KidWorks. The Case Manager will continue to document performance measures for exited youth. VII. Training KidWorks will co- enroll out -of- school youth over the age of 18 in the career development certification programs for state - approved certificates of General Office Clerk and Childcare Worker at Santa Ana College's School of Continuing Education. Youth will also be able to participate in the following work experience placements and on-the-job training at KidWorks: childcare /teaching assistant, clerical /reception, and compost /recycling waste management. EXHIBIT A 25D -525 These certifications and paid work experiences will help youth enter occupations that are in- demand. According to the U.S. Department of Labor's Bureau of Labor Statistics, employment of childcare workers is projected to grow at a faster than average pace. This includes teaching assistants at preschools to help with early childhood development. In addition, the job outlook for receptionists is faster than average and general office clerks are ranked the fifth highest for number of new jobs projected in 2010 -20. Lastly, the employment of refuse and recyclable material collectors is expected to grow 20 percent from 2010 -20 (faster than average), as population and income grow with an increased demand for recycling collection. The state - approved certifications, combined with paid work experience at KidWorks, will provide an advantage to obtain permanent employment by the completion of the CareerWorks Program. VIII. Mitoring/Mentoring/Support Tutoring: The CareerWorks Program will utilize the TABE and Let's Go Learn assessments to identify the basic skill proficiency levels of each student at enrollment. Based on the assessment, youth will be enrolled in various program activities that help to promote improvements in math, reading, and writing. The CareerWorks Program will use innovative teaching strategies to engage students who have previously struggled in the traditional school environment. Students will participate in the web -based video and game -based instruction from the Khan Academy and Let's Go Learn curriculum as well as individualized tutoring. The lessons will address specific challenges for the youth as evidenced by the TABE and Let's Go Learn assessments and lead to gains in numeracy and literacy levels. Mentorina: According to his or her individual service plan, youth will be matched with an adult mentor who will meet with them at least one hour per week for at least 10 months. The mentoring will be one -on -one and will be based on the youth's personal needs and interests. The mentor will be a role model for the youth and offer extracurricular and community service activities that they can participate in together. Support: Youth facing specific barriers will be offered appropriate counseling and support group services. Youth will be invited to participate in regular workshops and group activities at KidWorks that are focused on improving family relationships, mental health, substance abuse, self - esteem, and more. Through partnerships with service providers, we will make referrals for individual counseling, as necessary. IX. Employment In order to help youth attain employment, KidWorks will offer strong case management, guidance counseling, and supportive services. When youth are enrolled in the program, they will meet with the Case Manager to develop an individual service plan and their personal "Roadmap to My Career." The Case Manager will help them create a resume, explore career options, and map out the sequence of training, experience, and applicable degrees /certifications to achieve their goals. Youth will be enrolled in a paid work experience program at KidWorks to gain hands -on training in childcare /teaching, clerical /reception, or compost /recycling waste management. EXHIBIT A 25D -526 E This past year we have partnered with Kaiser Permanente and Pure Game Soccer to provide youth with paid employment. Our Corporate Relations Manager is seeking to expand our number of partnerships with employers who will hire youth and provide on-the-job training. In April 2014, WIA youth will attend the annual Summer Youth Job Fair hosted by the State of California. Youth will participate in mock interview sessions. Youth completing their diploma/certificate /GED will be required to submit a minimum of 3 college applications and /or 5 job applications /resumes by the end of the program year. Youth will participate in at least 3 high - growth/high -demand job site visits. After youth exit the program, KidWorks will maintain a supportive relationship to help with employment retention, transportation issues, and self - sufficiency. Within 3 days of starting a new job or starting school, the Case Manager will conduct a follow -up phone call to check on progress and help the youth work through any obstacles. Additionally, within the first 2 weeks of this transition, the Case Manager will meet the youth on their day off, during their lunch break, or after work/class to discuss and work through any issues that may have arisen. For the remainder of the first quarter of the follow -up year, the Case Manager will call the youth on a monthly basis to check in and offer appropriate support, referrals, and services. For the remaining 3 quarters, the Case Manager will call the youth at least once per quarter to check on progress and offer supportive services. During the 12 month follow -up period, the Case Manager will offer exited program participants the opportunity to participate in workshops, classes, events, and service projects at KidWorks. CareerWorks Program provides youth participants with a pathway to self- sufficiency. Activities that will support self - sufficiency for youth include financial literacy training, leadership development, academic support, career- exploration, and work experience training. Youth in CareerWorks Program will receive services to obtain the necessary certificates, degrees, and /or work experience to enter higher education programs or employment at a higher wage. Through CareerWorks Program, youth will be empowered to work toward a successful future in the workforce. X. Post - Secondary Education In the CareerWorks Program, youth will receive help to enter post - secondary education such as college, apprenticeships, and vocational training. They will participate in one -to -one guidance counseling as well as post - secondary education preparation workshops that will encourage them to visualize their future in gainful employment and /or higher education. Youth will participate in at least 5 college, university, apprenticeship, or vocational school visits. Students completing their diploma/certificate /GED will be expected to submit a minimum of 3 college applications and/or 5 job applications /resumes by the end of the program year. The Case Manager will meet with each youth to help them complete their applications and assist them with the submission process. The Case Manager will also assist the youth with applications for financial aid, as necessary. EXHIBIT A 25D -527 10 XI. Common Measures The planned outcomes of the CareerWorks Program are: at least 40% of youth who are basic skills deficient will increase one or more educational functions levels as demonstrated by the TABE assessment; at least 65% of youth enrolled in education will attain a diploma, certificate, or GED; and at least 65% of youth who are not in post - secondary education or employment (including the military) will be placed in employment, advanced /occupational skills training, or post - secondary education. A. Improve Literacy/Numeracy Skills (at least 40 %) The CareerWorks Program will use innovative teaching strategies to engage youth who have previously struggled in the traditional school environment. Youth will participate in individualized tutoring and web -based Khan Academy and Let's Go Learn curriculum to make literacy and numeracy gains, as specified by the TABE and Let's Go Learn assessments. CareerWorks Program participants who are in- school or returning to school will be enrolled in tutoring for up to 5 hours per week (Monday - Friday). This time will enable youth to complete their homework and practice skills through the Khan Academy and Let's Go Learn lessons. Youth will have access to computers, high -speed internet, and printers. In KidWorks After School Program this year, 72% of 4`h & 5th grade students testing below proficient improved their literacy scores and 100% of 4`' & 5th grade students testing below proficient improved their numeracy scores. B. Attain a Credential /Diploma /Certificate (at least 65 %) Under the guidance of the CareerWorks Program Case Manager, in- school and out -of- school youth will create a "Road Map to My Career" to understand the steps they must take to enter their desired career, including obtaining a degree, certificate, or GED. Through co- enrollment at Santa Ana College's School of Continuing Education and mentoring relationships, the CareerWorks Program will encourage youth to be life -long learners who understand the necessity of ongoing education to succeed in the labor market. According to his or her Individual Service Plan, out-of-school youth over the age of 18 will be co- enrolled in a short term certification course (General Office Clerk or Childcare Worker) at Santa Ana College. Out-of-School youth who have not completed secondary education will be encouraged to enroll in Santa Ana College's GED Preparation Program in order to gain the skills necessary to take the GED test. Youth will be expected to attend their certification and /or GED preparation courses at least 2 hours each week during open lab hours of 8am -9pm (Monday - Thursday) and 8 am- 12pm (Friday - Saturday) in order to complete the program within the year. KidWorks will provide scheduled transportation EXHIBIT A 25D -528 11 for youth who are unable to get to these courses on their own. According to his or her Individual Service Plan, in- school and out -of- school youth will be matched with a caring adult mentor who will meet with youth each week for at least 10 months. Mentors will help support the educational and workforce preparation goals of their youth through encouragement, tutoring, and advice. Because secondary school completion is of great importance to labor market success, the CareerWorks Program will work diligently to recapture and retain youth in secondary school for at least two semesters, or until they graduate with a diploma or GED. C. Attain Employment or Enter Post - Secondary Education (at least 65 %) Youth will participate in job - readiness and college preparation training to visualize their future in gainful employment and/or higher education. Youth will participate in weekly guidance counseling to help them set their goals and take the necessary steps to attain employment or enter post - secondary education. Youth will also attend group workshops and field trips to help them gain life skills and develop as leaders. In April, youth will attend the annual Summer Youth Job Fair hosted by the State of California. Youth who are completing their high school diploma or GED will be expected to submit a minimum of 3 college /vocational school applications and/or 5 job applications and/or resumes by the end of the program year. Youth will participate in at least 5 post- secondary education and high - growth/demand job site visits. Timeline: The CareerWorks Program will progress through five program levels from July 2013 to June 2015. Start -up (July 2013): Recruit, enroll, and assess youth participants. Begin development of Individual Service Plan with enrolled youth. Level I (August 2013): Introduce participants to paid employment opportunities. Enroll youth in tutoring, mentoring, certification courses at Santa Ana College, GED preparation program at Santa Ana College, and college & career readiness workshops at KidWorks. Give youth referrals to counseling services and other service providers. Begin goal- setting exercises. Level 2 (September - December 2013): Participants will be placed in paid internship opportunities at KidWorks to obtain paid work experience. Participants will participate in weekly workshops discussing life skills development, leadership development, and college /career exploration. Youth will continue to receive tutoring, mentoring, certification training, GED preparation, and counseling services. Level 3 (January - May 2014): Participants will enroll in workshops for financial literacy, SAT preparation, computer literacy, and college /career exploration. Participants will continue paid work experience, tutoring, mentoring, certification courses, leadership development, and counseling activities. Level 4 (June 2014): Participants will meet with Case Manager to finalize steps regarding job placement and/or college enrollment assistance. Level 5 (July 2014 -June 2015): Participants will receive regular contact for academic /job retention support, ongoing coaching/mentoring, and transition assistance at community colleges and/or vocational schools. Monitoring Activity and Performance Management: The Program Director will provide EXHIBIT A 25D -529 12 oversight and conduct spot- checking of files to ensure that case notes are up -to -date. The Case Manager will meet with the Director at least monthly to evaluate the program's successes and challenges, review Individual Service Plans, track outcomes, and review W /O /R/K Center client reports. The Program Director will review satisfaction surveys and implement necessary program changes with the Case Manager. Continuous Improvement: The CareerWorks Program Director will develop a satisfaction survey for the program. The Case Manager will administer quarterly satisfaction surveys. The Director will analyze findings and create a quality improvement plan based on surveys. The Case Manager will implement continuous improvement as guided by analysis of the satisfaction surveys. XII. Prior Outcomes Not applicable. VIII. Facility Location and Hours of Operation: The CareerWorks Program services will be based out of the KidWorks Dan Donahue Center (DDC) located at 1902 W. Chestnut Avenue (main cross streets: First Street and Raitt Street), while some meetings may take place at the KidWorks Center on Townsend (KCT) at 817 S. Townsend Street (cross streets: Raitt Street and McFadden Avenue). DDC is open during non - traditional hours from Sam — 7pm (Monday - Thursday), 8am- 9pm (Friday) and 9 :30am -lpin (Saturday). KCT is open from 3pm -7pm (M -F) but is available outside of these hours, as needed. Youth - friendliness and Accessibility: The youth at KidWorks are active in decorating the center and arranging the space. At DDC, the main place of operations, there is a tutoring lab, activity room, recreation room, conference room, multi - purpose room, and computer lab with 20 computers, 20 iPads, and printers. DDC has open and closed spaces for workshops and counseling. The services are in Santa Ana to serve the city's residents and the facility is compliant with the Americans with Disability Act. Computers and Internet Access: KidWorks' facility is equipped with wireless, high -speed internet access. All agency staff have their own workspace and computer with Microsoft Windows 7, Vista, or XP operating systems. Staff use a variety of computer applications including Microsoft Office and Access. XIV. Fiscal Capacity KidWorks operates with a staff of 37 with 22 full -time positions and 15 part -time positions. KidWorks is also currently a placement site for 14 AmeriCorps members and interns. Since incorporating as a non - profit in 2002, KidWorks has established itself as a strong, stable community -based organization funded by more than 100 foundations and over 1,500 individual donors. KidWorks' financial stability is not dependent on WIA funds. EXHIBIT A 25D -530 13 KidWorks has administered government funded projects through the Santa Ana Federal Empowerment Zone, Cal -GRIP, and a preschool contract through the California Department of Education. KidWorks is highly capable of administering government funded programs and reporting financial and participant performance data as required. KidWorks will meet the accountability requirements and administrative measures developed to track service goals and income and expenses related to the CareerWorks Program. Under close monitoring of the Director of Finance and the Program Director, an annual budget is used to plan expenditures and costs, which is approved by the Board of Directors, including four professionals in the finance industry. In addition, KidWorks ensures that an annual audit is performed by an independent auditor. The auditor examines the financial statements, internal controls, and all related financial processes. The annual audits are conducted in accordance with Government Auditing Standards in order to ensure proper financial reporting and compliance with provisions of laws, regulations, contracts, and grant agreements. KidWorks operates with an Accounting Policies & Procedures Manual. Please see attachment. Monthly invoices will be submitted to the Santa Ana W /O /R/K Center including the WIA invoice form, cover sheet and line item invoice, payroll records, copies of receipts, and copies of canceled checks, if necessary. KidWorks is able to provide monthly invoices for services provided. Revenue and expenses will be accounted for in the general ledger by account and grant. Cost reports and invoices will be prepared by the Director of Finance who has been an accountant for 12 years including 9 years in the non -profit sector. KidWorks' annual operating budget for FY 2011/12 was $2,294,659 and the current year's budget is $2,706,412. Last year, KidWorks secured revenue from the following sources: foundations- 49.5 %; fundraising events- 16.3 %; government grants- 9.6 %; volunteer hours - 8.1%, individual contributions- 7.3 %; corporate grants- 3.9 %; in -kind donations- 2.9 %; earned income and program fees- 1.3 %; and church donations- 1.1 %. In 2013/14, we will continue to leverage resources through the service of volunteers and collaborations with other service providers (including Santa Ana College, Taller San Jose, The Cambodian Family, Human Options, and Latino Health Access). We have secured funding commitments from foundations, corporations, and government agencies including The California Endowment, Weingart Foundation, Children & Families Commission of Orange County, Sacred Harvest, Orange County United Way, and the California Department of Education. XV. Subcontracting KidWorks will use Paychex as a subcontractor to provide payroll services for youth in the CareerWorks Program. In order to set up a payroll account exclusively for the WIA youth, it will cost $300 per pay period. We will pay the youth monthly for a period of 10 months equaling an estimated cost of $3,000. KidWorks will also subcontract with Fohrman & Fohrman, Incorporated to provide accounting services. This administrative cost for payroll with Paychex EXHIBIT A 25D -531 14 will be charged to WIA and the administrative cost for general accounting services will be matched by KidWorks, and not billed to the WIA program. EXHIBIT A 25D -532 EXH26® -533 is mid s iWS S Q� 3uWOy ` * swaa s f "v 4swea S . G cl ell is u aid Z3 h Z, o 0 0 0 m o h o? '�FHaN fD N --v —Mom s �U,�ryc,Qoa c��0300�� -0o Qrto, O ro w a p ie Q a O ro •, o z n q m �; o 3 13 4 a n o m •,r a ; KidWorks Community Development Corporation CareerWorks Program Work Experience Agreement KidWorks Community Development Corporation (KidWorks) is pleased to offer (name) a paid work experience position. This position will be that of (assignment). Your training and duties will be those customarily associated with this position and other such duties as may be assigned to you from time to time. This position will report directly to (supervisor). Your position with KidWorks will begin on (date). This placement is at the mutual consent of you and KidWorks. This means that either you or KidWorks may terminate the relationship at any time, with or without cause. You will be compensated at the rate of $9 per hour. If you sign this work experience agreement it must be with your understanding and agreement that you will not (either during your placement with KidWorks or thereafter), disclose to any person not connected with KidWorks or use for your own benefit or for the benefit of anyone other than KidWorks, any proprietary or confidential information either disclosed to you or developed by you during your employment by KidWorks. The term "proprietary or confidential information" shall include, but not be limited to, any knowledge or data, whether of a technical or commercial nature, customer lists, customer files, personnel files, computer records, financial and marketing data, trade secrets and other confidential information related to the conduct of KidWorks' business. This document is intended to set forth the entire agreement between you and KidWorks with respect to the terms and conditions of your placement. No amendment or modification shall be effective unless in writing executed by you and the CEO of KidWorks. Please acknowledge your acceptance of this paid work experience placement by signing and dating this agreement. ACCEPTED AND AGREED TO: Signature Print Name EXHIBIT A 25D -534 Date Acknowledgment of Receipt Date: [Date] From: [Client Name] [Street Address] [City, ST ZIP Code] To: KidWorks Community Development Corporation 1902 West Chestnut Avenue, Santa Ana CA 92703 Dear KidWorks Community Development Corporation: I hereby acknowledge the receipt of the following items from the CareerWorks Program: Supportive Services: [Item Description] Incentives: [Item Description] Sincerely, [Client Signature] [Client Name] EXHIBIT A 25D -535 2 O C C m �i C O N n O (D 0 °c N O ID (D d m vy c 3 a 0 T g. m 0 to N 0 N m O c M W X Z c Z 2 O c A y Q 3 O a 3 0 C m C') 0 0 m 0 z O X m v x 0 c y �W �41 T � 1 � ZV F. O� Z m * m p o zm C N T rnN 22 N U) �w 1 :2 Z m O n gr w //O O m I C N Z A K m Z Cil m �m Q m rn a d 14 m z� 0000 CL m m a �. m co Z y QO • � N a m z �. o a rn N 01 N O o q w N N - N r r r r r r r r r t0 06 V 01 V1 -N W N r O tD OD V 0) I Vl -N W N r O EXH2S ®_537 pl'a i F. O w 3 O m A Z KidWorks° Overall Experience F—] Name: Satisfaction Survey (On a scale of 1 to 10, 10 being "It's the best! ") Date: So far this year at KidWorks I've learned... The most helpful thing has been... The least helpful thing has been... I would like to learn... Appreciations, Concerns, Suggestions... Need mores ace? Use the back! Satisfaction Survey �411491 ;; 1 196 KidWorks Community Development Corporation Career Works Program Paid Youth Work Experience Policy: Program Year 2013/2014 1. Purpose KidWorks Community Development Corporation (KidWorks) allows for the provision of work experience activities for an eligible participant in need of work experience to achieve the goals of his or her Individual Service Plan. The term "work experience" means any planned, structured work -based learning experience that takes place in a workplace for a limited period of time. Work experiences may include worksite tours, job shadows, and paid work experiences. The types of work experience in which a given participant is engaged is developmentally appropriate given his or her age, career awareness, and related experiences. Work experiences are designed to promote the development of good work habits and basic work skills for youth who have never worked or have very limited exposure to the work environment. Participation in a work experience activity shall be for a reasonable length of time, based on the needs of the participant as documented in his or her Individual Service Plan. Work experiences shall be concurrently accompanied by other services designed to increase the basic education and/or occupational skills of the participant, as documented in the Individual Service Plan. 2. Minimum Requirements Participation in an approved educational program shall be a prerequisite to participation in a paid work experience for any youth under the age of 18 who is a school dropout. Paid experiences may be provided only in instances where the youth is making satisfactory academic progress, as defined by the school or educational program. The youth must have identified a career pathway of interest to participate in a paid work experience. 3. Compensation In conformance with the Fair Labor Standards Act, a participant shall be enrolled in a paid work experience when he or she is performing work which contributes to the productivity of KidWorks, the host of the work experience. In such instances, the participant shall be paid an hourly wage at the same rates as similarly situated employees or trainees, but not less than the higher of the minimum wage prescribed under federal and California state minimum wage laws. Youth will be paid $9 per hour for their paid work experience, including time spent in training, job shadowing, and performing assigned work duties. 4. Work Agreement All work experiences must be documented on a given participant's Individual Service Plan and in case notes. Additionally, a KidWorks Work Agreement must be signed by the youth participant at the start of the paid work experience. 5. Hours of Work EXHIBIT A 25D -539 KidWorks' paid work experiences will take place between the hours of 8am -7pm Monday - Friday. Youth participants will be assigned work experiences ranging from 2 -20 hours per week depending upon the assignment specified in his or her Individual Service Plan. 6. Timecards and Wage Payment Youth participants are required to complete a timesheet to keep track of hours worked. They must have their Youth Supervisor approve their hours and sign the timesheet each month. They must submit their signed timesheet to the Director of Finance. Youth will be paid monthly through the payroll services provided by Paychex. Youth are eligible to receive payment by check or through direct deposit into their bank account. 7. Additional Responsibilities KidWorks' Director of Finance will review and approve all Work Experience Agreements; maintain the system of obligating funds for paid work experiences; maintain records of time, attendance, and wage payment; and maintain a system for providing workers with FICA and worker's compensation. The Work. Experience Agreement and time and attendance records along with wage and benefit payment information will be maintained in the participant file and fiscal system. EXHIBIT A 25D -540 KidWorks Community Development Corporation CareerWorks Program Supportive Services Policy and Procedures: Program Year 2013 -2014 Purpose: This policy established the guidelines for the issuance of supportive services to participants, who are identified in need of such services, in order to assure the successful completion of the program. Procedures: A. Eligibility a. To request and receive supportive services, an individual must by eligible and be WIA enrolled with the Santa Ana W /O/R/K Center. b. Supportive services will be made available to participants while they are in any facet of WIA services contingent upon need and approval by a case manager. c. As it is with all WIA services, provision of supportive services is not an entitlement. B. Availability of Funds and Assessment of Need a. The fiscal officer will verify the availability of funds and notify the case manager. Supportive services are delivered contingent upon availability of funds, the need of the participant, and given on a first come, first serve basis. b. Assessment of need will be determined by the case manager and reviewed by the program director. Assessment of need must be recorded on the client file. c. Supportive services are available to those participants who are identified as: i. Has no other way to meet needs and has expressed the need to the case manager. ii. Other funding sources and resources should be explored and utilized before requesting WIA funded supportive services (i.e., Social Services). iii. Exploration shall be documented on client file. C. Transportation Assistance- General Guidelines a. Need will be established through the completion of the Participant Informational Worksheet- Budgeting Form. Of the total monthly expenses recorded on form exceeds the total monthly income recorded on the form, then the participant will be determined to be in need. In instances where income exceeds expenses, the case manager will submit a written request to management stating the reasons why client should be allowed to receive supportive services. b. After identifying the need for transportation assistance and exploring and eliminating all other alternative funding sources, the case manager and the participant will develop a service plan and record in case file. c. Transportation assistance is defined as the provision of gas cards or a bus pass to participants. d. Transportation assistance is available to clients for up to 12 months. Qualifying criteria includes: L Participates in all required activities as agreed to by the case manager. ii. Uses the W /O /R/K Center to look for work, if job - seeking. EXHIBIT A 25D -541 iii. Participant must meet with case manager on a monthly basis to verify participation in activities that work towards WIA goals. iv. Case manager is responsible for explaining support services available during program year. e. Transportation assistance may be made available to participants on a case -by -case basis upon need during the follow -up year. f. Bus Passes and Gas Cards i. Participants must request a bus pass /gas card in a timely manner. Bus passes /gas cards will not be issued on a retroactive basis. ii. No replacement bus pass /gas card will be issued in the event the participant loses his /her bus pass or gas card. iii. Case Manager is responsible for the completion of the bus pass /gas card. iv. Provision of bus passes /gas cards is contingent upon the availability of funding. v. Copies of transportation forms will be kept in participant file. g. Gas cards i. Participant will be scheduled to receive only one gas card per month. ii. Provision of gas cards will be issued contingent upon the availability of funds. iii. A maximum of $50.00 per month in gas cards will be issued. iv. Case manager must not issue gas cards on a retroactive basis. h. Other (i.e., clothing, uniforms, books) i. Any other miscellaneous type expenses not covered above may be considered. This is not to be construed that such request will be paid, only considered for reimbursement. The request must be fully documented and all receipts in proper order. ii. Case manager and client will develop a service plan and record in client file. i. Support services statement processing i. Case Manager is responsible for: 1. Distribution of supportive services forms to participants. 2. Submission of requests for supportive services to Program Director for approval. 3. Reviewing all invoices /statements when submitted for accuracy. 4. Verifying attendance and checking for correct amount owed. Supportive services are given contingent on school attendance and /or participation in services. ii. Participant is responsible for: 1. Obtaining support services gas cards /bus passes on a timely basis. iii. Fiscal Officer is responsible for: 1. Processing for payment a. If received on 5"' of the month, statements are processed and paid within 3 weeks. EXHIBIT A 25D -542 b. If received after the 51h of the month, statements will be processed and paid within 6 weeks. iv. Program Director is responsible for: 1. Reviewing invoices /statements for accuracy Sunnortive Services Matrix SLipportive Services Maximum Amount Policy Bus pass $55 /month up to 12 months See policy above Gas card $50 /month up to 12 months See polic above Books /software /school $300 Reimbursement allowable 2 supplies times per year. Request for reimbursement must be accompanied by an itemized receipt and written . ustification for request, Clothing /shoes /uniform $100 Written justification for reimbursement must be accompanied by an itemized receipt. EXHIBIT A 25D -543 KidWorks Community Development Corporation Career Works Program Youth Incentives Policy: Program Year 2013/2014 The KidWorks Community Development Corporation's CareerWorks Program uses incentives to help motivate youth to achieve goals. In addition to the performance goals set forth in the grant, this program model has established additional activities that will assist youth in becoming empowered, self- reliant and productive adults within one year of their enrollment. Participants will have the opportunity to complete the following: Goal Incentive If Basic Skills Deficient, improve at least One Level $50 Gift Card for work- related expenses in Math and /or Reading by exit i.e., Ross or Tar et Retain or enroll in post - secondary education after $50 Gift Card for work - related expenses exit and by the end of the 1St quarter after exit. (i.e., Ross or Tar et) Retain or enter unsubsidized employment after exit $50 Gift Card for work - related expenses and by the end of the 1St quarter after exit. (i.e., Ross or Target) $50 Bonus Gift Card will be provided if the job is identified as Green - Collar, High- Demand/High- Growth, and /or STEM Complete a diploma or certificate after enrollment $50 Gift Card for work- related expenses and by the end of the 3`d quarter after exit. (i.e., Ross or Target) Stay connected with Case Manager throughout the $100 Gift Card for work - related expenses program year with at least monthly contact and (i.e., Ross or Target) complete exit interview. Stay connected with Case Manager throughout $100 Gift Card for work - related expenses follow -up year with monthly contact during the first (i.e., Ross or Target) quarter and quarterly contact during the final three quarters. Complete action plan goals by program exit. $100 Gift Card for work - related expenses (i.e.. Ross or 1-­ ­1 Upon successful completion of the above objectives, participants will be given a gift card valued at their listed amounts above. During the program year, 12 participants will likely earn up to $400 in gift cards for work- related expenses (i.e., Ross or Target). The total budgeted expense is $4,800. During follow up year, 12 participants can earn up to $100 in gift cards each, which totals a budgeted amount of $1,200. Gift cards will be from a WIA authorized list to ensure clients may purchase items that may directly benefit their ability to access employment, education, etc. The total budgeted expense for program incentives is $6,000. EXHIBIT A 25D -544 YSPN MEMBER PERFORMANCE PLAN 2013 -2014 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 100% OF YOUTH MUST BE ENROLLED By 2ND QUARTER- DECEMBER 31, 2012) $10,000 $25,000 $30,000 $16,302 25 1� �f1i g ELEiVINTS _. {rriark Vin, "?�,� next to �IelemerrtpKo�ided,frt bur pfogrj}) 1. Tutoring, study skills training, and Instruction, 6. Leadership development opportunities, which may leading to completion of secondary school, include community service and peer - centered X including dropout prevention strategies X activities encouraging responsibility and other positive social behaviors during non - school hours, as appropriate; 2. Alternative secondary school services, as X 7. Supportive Services (e.g. tools, books, clothing, appropriate; 3. Summer employment opportunities that are S. Adult Mentoring for the period of participation and directly linked to academic and occupational X a subsequent period, for a total of not less than 12 learning (this element cannot be offered as a months; stand -alone activity); 4. As appropriate, paid and unpaid work 9. Fallow -up services for minimum of 12 months after X experiences, including internships and job X the completion of participation as appropriate; and shadowing; _ S. Occupational sl<lll training, as appropriate; 10. Comprehensive guidance and counseling, which X X may include drug and alcohol abuse counseling and referral, as appropriate. j 1545 COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C 25D -546 Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Right 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints. 0 II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level g IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERMS 2 EXHIBIT C 25D -547 20 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. EXHIBIT C 25D -548 Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70, The Rehabilitation Act of 1973 EXHIBIT C 25D -549 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4, How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: EXHIBIT C 25D -550 Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA EXHIBIT C 25D -551 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C 25D -552 A "participant ", within the meaning of these procedures, is an individual who receives employment - training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information; a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C 25D -553 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 EXHIBIT C 25D -554 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi- judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 EXHIBIT C 25D -555 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LW1A shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing 11 EXHIBIT C 2501-556 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private - for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. 12 EXHIBIT C 25D -557 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 EXHIBIT C 25D -558 hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 EXHIBIT C 25D -559 D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement, This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). .ss EXHIBIT C 25D -560 PROCEDURES FOR HANDLING NON CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA proqrams operated by LWIAs Informal Resolution Process 0 o Unsatisfactory Decision or LWIA Decision not issued within 60 days 0 Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel a Appeal to DOL 16 EXHIBIT C 25D -561 w 0 0 a w 0 O a a c 0 4 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 Vl. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA, 17 EXHIBIT C 25D -562 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 18 EXHIBIT C 25D -563 LP ROCEbURES FOR HANDLWG`HANDICAP COMPLAIIVTS No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of Initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA I --- I Day 1 Informal Resolution If no resolution reached 0 Request for Hearing Notice of Hearing Hearing Conducted I I Day 145 Day LWIA Decision o Unsatisfactory Decision or No Decision 0 State Review I Governor's Decision I Appeal to Assistant Secretary Department of Labor I 19 EXHIBIT C 25D -564 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT -- A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual 'joint complaints" are normally investigated by EEOC zo EXHIBIT C 25D -565 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined and (2) Who is receiving subsidized employment, training services) funded under the Act, following intake, except for an and /or intake and assessment services. u EXHIBIT C 25D -566 eligible for participation upon intake; or services (except post - termination individual who receives only outreach CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, 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 subawards at all tiers (including agreements) and that all subrecipients 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 31 U.S.C. 1352. 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. -L, , �Vor k�,- Grantee Crortractor Org nization j Signatu Ce Date sle �5 Name of Certifying Official Signature 28 '2601567 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act, CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U,S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) ,the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form, May 162013 Date Program Operator Signature KidWorks Community Development Corporation EXHIBIT E 25D -569 I' DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Ava Steaffens Name of Contractor: KidWorks Community Development Corporation Contractor Number: Date: 5/16/13 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site); 1902 W. Chestnut Avenue Santa Ana CA 92703 EXHIBIT E 2501-570 Certification Regarding Debarment, us en ion Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). (Before completing certification, read instructions which are an integral part of certification) 1, The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. 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 paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ntractor OrgaWatyon _ ,k _ r Name and Title of f icial Authorized to Certify On Behalf of the Grantee f %3 Date 26 # IS1 Budget Form EXHIBIT G 25D -572 Admin Cost Prgrm Cost Total WIA Cost Match /In Kind t< 10%1 Personnel �ala�e�, � =; - 1 Program Director (0.10 FTE) $0 $8,500 $0 $__8__,500 2 Case Manager (0.75 FTE) $0 $26,520 $26,520 $0 3 Youth Supervisor- waste (0.25 FTE) $0 $8,320, $0 $8,320 4 Youth Supervisor - clerical (0.25 FTE) $0 $8,791, $0 $8,791 5 Youth Supervisor - childcare (015 FTE) $0 $12,040 $0 $12,040 6 Youth Supervisor- teaching (.25 FTE) $0 $9,152 $0, $9,152 Personnel 1 Program Director (0.10 FTE) $0; $1,590 $0 _._. $1,590 2 Case Manager (1.0 FTE) $0 _..__ $4,508 $4,508 $0 3 Youth Supervisor- waste (0.25 FTE) $0 $1,556 $0 $1,556 4 Youth Supervisor- clerical (0.25 FTE) $0 _ $1,644 _.__._ $O' $1,644 5 Youth Supervisor- childcare (0.25 FTE) $0 $2,251 $0 $2,251 6 Youth Supervisor- teaching (.25 FTE) $0 $1,711, $0 $1,711 Total Personnel Salaries & Benefits $0 $86,583 $31,028 $55,555 Opei`atin'li�enses Rent $0 $0! _ $0' $0 Utilities $0 $2,5001 . $0'' $2,500 Phones _ _ $0 $350' $0 $350 Internet Fees $0 $350 $0 $350 Parking Fees _ $0 $0 $0 $0 Security $0 $1,000 $0 $1,000 Maintenance $0 $1,200 $0 $1,200 Insurance $0 $1,800 $0 $1,800 Equipment rental fees* $0 $0 $0 Equipment rental fees* $0 $0, $0 $0 Vehicle lease* $0 $0 $0 $0 Office expenses (consumables) $0 $978 $978 $0 Accounting/Pa - yroll Services $7,115 $0 $3,000 $4,115 Legal Services $0 1 $0 $0 $0 Auditing Services _ $1,215 __._. $0 $0 ............... $1,215 Indirect Cost* _ $0 $0 $0 -$0 Staff Training $0 _$1,000' $1,000 $0 Staff Conferences $0 -- $O $0 Staff Travel Mileage $0 $250 $0 $250 Participant Wages* $0 $32,036 $32,036 Supportive Services* $0 $7,260 $7,260 $0 Participant Incentives* ..._ _ $0 $6,000 _ . $6,000 ...._..... $0 Youth Conferences $0 $0 $0 $0 Total Operating Expenses $8,330 $54,724 $50,274 $12,780 GRAND TOTAL (personnel +operating) $8,330 $141,307 $81,302 $68,335 EXHIBIT G 25D -572 Budget Narrative A total of $45,296 or 56% of the total WIA request will go directly to youth in form of paid work experience, incentives, and supportive services. Please see the timesheets and acknowledgement of receipt that will be used to track compensation and incentives. Personnel Expenses: Direct Program Personnel Expenses: The Case Manager (Daniela Sanchez- Master's in School Counseling) will dedicate 0.75 FTE to provide case management for the 12 program participants, including recruitment, development of individual service plans, progress meetings, and service - provider connections for youth referrals. The Case Manager will oversee the entire program experience for the youth participants and administer satisfaction surveys to the youth as a component of continuous program improvements. The Case Manager will monitor goal setting, achievements, educational assessment and progress, and help identify students in at -risk of not meeting their goals. The Case Manager will also serve as the communication liaison with the Youth Council and Youth Service Provider Network on all data collection, evaluation results, program reports, and other activities related to WIA program requirements. The total budgeted expense is $26,520. Benefits, Worker's Compensation, & Taxes — KidWorks provides medical, dental, and life insurance as well as a 401 (k) match to all full time employees. Our rate for benefits, worker's compensation, and taxes is 17% of this salary. The total budgeted expense is $4,508. Program Match/Leveraged Funds Personnel Expenses The Program Director (Very Prado- Master's in Cross Cultural Education) will dedicate 0.10 FTE to develop program - specific organizational partnerships, make service- provider connections for youth referrals, provide program oversight including continuous quality improvement, and oversee activities relating to the Individual Service Plans, college preparation workshops, SAT preparation classes, leadership development training, financial literacy training, peer -led community service projects, college and career -based field trips, guest speakers, and maintain partnerships with businesses and service providers. She will provide direct supervision of the Case Manager, who will work directly with the 12 youth. The total budgeted match expense is $8,500. Four Youth Work Supervisors will dedicate time (0.25 FTE) as a program funding match to train and oversee the youth in their paid work experience. This includes Moises Plascencia, compost/recycling waste management supervisor, Maria Tonga, clerical/reception supervisor, and Idalia Galdamez and Jose Aleman, childcare /teaching assistant supervisors. These four staff positions will dedicate 0.25 FTE to the program for a total budgeted match expense of $38,302. Benefits, Worker's Compensation, & Taxes — KidWorks provides medical, dental, and life insurance as well as a 401 (k) match to all full time employees. Our rate for benefits, worker's compensation, and taxes is 18.7% of their salaries. The total budgeted match expense is $8,752. Omratine Expenses: Direct Program Operating Expenses Office expenses- KidWorks will purchase I -year licenses of Let's Go Learn (LGL) assessments and curriculum. The literacy and numeracy assessments are sold separately for $12 each. Two assessments for 12 youth is $288. Literacy lessons are $115 each. We estimate that 6 of the 12 EXHIBIT G 25D -573 youth will use LGL lessons in literacy and numeracy lessons will be taught through the Khan Academy curriculum, at no cost. 6 1 -year subscriptions for LGL literacy lessons is $690. The total estimated cost for I year subscriptions of curriculum and assessments is $978. Accounting & payroll services- KidWorks will subcontract with Paychex to handle the payroll services for the youth in a separate account from the regular KidWorks staff payroll. This additional account will cost $300 per payroll period. We will pay the youth on a monthly basis for 10 months. The total budgeted expense is $3,000. Staff Training - KidWorks' staff and youth will participate in January conference /training to address the specific needs of the program. The total budgeted expense is $1,500. Participant Wages- 6 out -of- school and 3 in- school youth will be paid at $9 per hour, for an average of 10 hours per week over 35 weeks. This totals $28,350 in wages with taxes estimated at $3,686 (13 %). The total budgeted expense is $32,036. Please see attached policy for details. Participant Support Services- Eligible youth can earn up to $55 /month up to 12 months for a bus pass, $50 /month up to 12 months for a gas card, $300 for books /software /school supplies, and $100 for work attire. Supportive services will be offered on a first come, first served basis. The total budgeted expense is $7,260. Please see attached policy for details. Participant Incentives- During the program year, each youth can earn up to $400 in gift cards for work- related attire and supplies, totaling to $4,800. We have included the option for each youth to earn an additional $100 gift card during their follow up year, totaling $1,200. The total budgeted expense is $6,000. See attached policy for details. Program Match Operating Expenses Utilities- Program estimates to use 10% of total cost equaling $2,500. Phone- Program estimates to use 10% of total cost equaling $350. Internet- Program estimates to use 10% of total cost equaling $350. Security- Program estimates to use 10% of total cost equaling $1,000. Maintenance- Program estimates to use 10% of total cost equaling $1,200. Insurance- Program has an insurance policy of $2,000,000 including coverage for sexual/physical abuse and molestation. Program estimates to use 10% of total cost equaling $1,800. Accounting/payroll services — KidWorks will outsource all financial reporting and grant management services to Fohrman & Fohrman, Inc. The total budgeted match expense is $4,115. Audit Fees — KidWorks will conduct a financial audit in 2013. We are requesting a grant of $81,000 and have calculated the audit costs at 1.5% of the total grant amount equaling a total expense of $1,215. Staff Travel /Mileage- Staff will travel between job sites, schools, and other agencies. The total budgeted expense is $250. EXHIBIT G 25D -574 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. filyse include, but are not limited to: Records accurately reflect actual performance. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non- discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990 Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part -time employees) Procurement policies and procedures are in place and meet federal guidelines. Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 We will not: Place a youth in a position that will displace a current employee. Use WIA money to assist, promote, or deter union organizing. W U se funds to employ or train of persons in sectarian activities. se funds for youth in the construction, operation, or maintenance of any part of a facility to 0 be used for sectarian instruction or religious worship. Use WIA funds for activities that would interfere with or replace regular academic i���vv�22,requirements for eligible youth who are not dropouts. I` Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of �994 unless the program(s) are only for youth eligible to participate under WIA. Use WIA money under this contract to purchase any equipment. assure thatlalk of the above are true. L ;0113 Name / Title Date 25 EX1.- -575 ACORD. CERTIFICATE OF LIABILITY INSURANCE 03 0 0310 M/ 8/2200113 3 PRODUCER (949) 218 -0840 Global Program Managers & Ins. Srvcs., Inc. Post Office Box 7119 Capistrano-Beach CA 92624-7119 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED KidWorks Community Development Corporation 1902 West Chestnut Avenue Santa Ana CA 92703- INSURERA PHILADELPHIA INDEMNITY 18058 INSURER B: EVEREST NATIONAL 10120 INSURER C: INSURER D: EACH OCCURRENCE INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRIN LT RD IN RD TYPE OF INSURANCE POLICYNUMBER DATE YMM/DUmEPDATE MMPIDRAOTION LIMITS A INSURER, ITS AGENTS OR REPRESENTATIVES. GENERAL LIABILITY - / EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR / / / / DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP Any one person) $ 51000 PERSONALBADVINJURY $ 11000,000 ' GENERAL AGGREGATE $ 3,000,000 PHPK 957 375 01/07/2013 01/07/2014 GENT AGGREGATE LIMIT APPLIES PER: X POLICY IPECOT LOC PRODUCTS - COMP /OP AGG $ 3.000,000 I I I I A AUTOMOBILE LIABILITY ANY AUTO / / / / COMBINED INGLE LIMIT (Ea accidenccken t) $ 1, 000, 000 ALL OWNED AUTOS SCHEDULED AUTOS / / / / BODILYINJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS PHPK 957 375 01/07/2013 01/07/2014 BODILYINJURY (Per accident) $ PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO / / / / OTHERTHAN EA ACC $ __E ALTO ONLY: AGG $ A EXCESSIUMBRELLA LIABILITY 7X OCCUR F1 CLAIMS MADE PHUB 405 782 01/07/2013 01/07/2014 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 1,000,000 $ DEDUCTIBLE i{ RETENTION $10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 59000012671 -13 02/01/2012 02/01/2014 R Tp RYLMITS ER E, L. EACH ACCIDENT $ 11000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under / / E.L. DISEASE - EA EMPLOYEE $ 11000,000 E.L. DISEASE - POLICY LIMIT $ 11000,000 SPECIAL PROVISIONS below OTHER A PROFESSIONAL LIAB & PHPK 957 375 01/07/2013 01/07/2014 EACH INCIDENT $1,000,000 ABUSE /MOLESTATION I I POLICY AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIHL PROVISIONS ABUSE 6 MOLESTATION IS INCLUDED IN THE UMBRELLA FOR OVERALL TOTAL LIMITS AVAILABLE OF $2,000,000 COMBINED PRIMARY & UMBRELLA I.CKIIt-I( It HULDInK f AIU!`CI 1 ATInN _V Wmw cv k4vv 11vol © ACORD CORPORATION 1988 qT INS025 (c108),01 ELECTRONIC LASER FORMS, INC. - (800)327.0545 Page 1 c(2 IRY -576 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 030 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT EVIDENCE OF INSURANCE ONLY FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE n . - _V Wmw cv k4vv 11vol © ACORD CORPORATION 1988 qT INS025 (c108),01 ELECTRONIC LASER FORMS, INC. - (800)327.0545 Page 1 c(2 IRY -576 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: June 3, 2013 TITLE: AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Match Point Tennis Academy, LLC in an annual amount of $48,000 for the management and operation of the Cabrillo Tennis Center for a five -year term with four, five -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency entered into a one -year license agreement with Match Point Tennis Academy in November 2007 and a five year agreement in 2008 for the provision of a tennis academy at Cabrillo Tennis Center. Under the direction of Elson De Cantuaria, a former professional tennis player who has an extensive background in tennis center management and administration, Match Point Tennis Academy has been successful in helping to revive the sport of tennis in Santa Ana. This was accomplished by increasing the overall number of participants at the Cabrillo Tennis Center and introducing more young people to tennis by providing free training and consulting services to sponsored Santa Ana youth. In addition, Match Point has successfully completed key improvements to the facility to enhance the playability of the courts. Improvement projects completed by Match Point over the years include resurfacing the tennis courts, painting the light posts and perimeter fencing surrounding the tennis courts, replacing court windscreens, and aesthetic improvements to the interior of the existing clubhouse. The proposed operating agreement will authorize Match Point Tennis Academy to supervise and maintain the entire leased premises at the Cabrillo Tennis Center, including, the tennis courts, club house, Twist Basler House, Clay court, locker rooms and showers. Match Point will also be responsible for enforcement of safety practices and regulations consistent with the City's policies and regulations at the facility. Match Point will also continue to sponsor six Santa Ana youth into its player development program and provide the residents of Santa Ana with a discounted court fee and priority use of the tennis courts. 25E -1 Agreement for Management of Cabrillo Tennis Center June 3, 2013 Page 2 The initial term of the operating agreement will be for five years, with four, five -year renewal options. Match Point will pay the City a monthly base rental of $4,000, or $48,000 annually. This agreement will help achieve salary savings and other operational cost savings. FISCAL IMPACT Funds generated from the agreement will be deposited into the General Fund - Tennis Reservation account (no. 01113002 53318). LGLc�� Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. Agency Approved as to Funds and Account: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25E -2 CABRILLO TENNIS CENTER RENEWAL OF OPERATING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MATCH POINT TENNIS ACADEMY THIS RENEWAL OF OPERATING AGREEMENT ( "Agreement ") is made and entered into this I" day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the constitution and laws of the State of California, herein referred to as "City ", and Match Point Tennis Academy, LLC, a California Limited Liability Company, herein referred to as "Operator ". RECITALS: A. City owns the real property and facilities commonly known as the Cabrillo Tennis Tennis Center, located at 800 N. Cabrillo Park Drive, Santa Ana, California. The Facilities includes nine (9) lighted tennis courts, one (1) clay tennis court, the Twist- Basler House, and a small tennis clubhouse complete with locker rooms and showers for players and business invitees, as herein described and shown in general on Exhibit A, attached hereto and incorporated herein ( "the Facilities "). B. The City desires to provide a quality tennis facility open to all its residents at the Cabrillo Tennis Center and desires to contract for such services with Operator. C. City desires that Operator operate and manage the Facilities for the purpose of accommodating a tennis facility and for no other purpose unless expressly agreed to in writing by the City. D. Operator represents that it is qualified to provide a quality tennis academy on the Facilities. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in this field and that any service perforned under this Agreement will be performed in compliance with all required professional standards of conduct and in accordance with the terms and conditions of this Agreement, including all attachments hereto. Operator's Director, Elson T. De Cantuaria, is experienced and qualified in operating a tennis academy. A copy of Mr. De Cantuaria's resume is attached hereto as Exhibit B. E. City entered into the Operating Agreement with Operator on July 1, 2008 ( #A- 2008 -165) ( "said Agreement ") for Operator to operate and manage the Facilities. Said Agreement was for a five (5) year term with four (4) five -year renewals subject to Council approval. 25E -3 F. The parties desire to exercise the first renewal period of an additional five (5) year period. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: 1. Use of Facilities. City hereby licenses the Facilities to Operator on all of the terms and conditions set forth in this Operating Agreement. Operator will have the use of the first and third floor of the Twist - Basler House and the City (or a tenant of its choosing) will have sole access to the second floor. In the event of a dispute with the occupant of the second floor, Operator agrees that City will be final arbiter of dispute. 2. Term of Agreement. The Term of this Renewal of the Operating Agreement (the "Term ") shall be Five (5) years. The Term shall commence on July 1, 2013 and shall expire on the fifth (5`h) anniversary thereof, if not terminated earlier pursuant to the terms of this Operating Agreement. This Operating Agreement is subject to three (3) more five -year renewals upon City Council approval. Earlier termination of this Agreement shall be in conformance with Section 17 and 18, below. Consideration. A. As consideration for this Agreement, Operator shall pay to City as compensation for use of and right to operate the Facilities the amount of $4000.00 per month. B. Additional consideration for this Agreement shall be provided by Operator's sponsorship of students and installation of improvements to the tennis facility as described herein. C. Compensation will be due upon execution of this Agreement and thereafter on or before the 10`h day of each succeeding month, payable to "The City of Santa Ana" and remitted to: The City of Santa Ana, Finance and Management Services, Attention: Francisco Gutierrez, 20 Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10 %) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 '' /2 %) interest per month shall be added for each month that payment hereunder is due but unpaid. 4. Commencement Date. This Agreement shall commence and become effective on July 1, 2013. This Renewal of Operating Agreement shall supersede all prior agreements between the Parties. Operator Responsibilities A. Operator agrees that City Programs and City Residents shall have priority use of the Facilities so long as said programs and residents do not 25E -4 conflict with Licensee's regularly scheduled Programs. Operator agrees that at least 30% of the courts will be made available to City residents by reservation or walk -in and for City- sponsored programs by reservation during its normal operating hours of 8 am -10 pm Monday - Friday and 8am -8 pm Saturday and Sunday. In the event a dispute regarding court usage arises, the City's Executive Director of Parks, Recreation and Community Services Agency shall make the final decision regarding court usage. B. Operator agrees that students attending a Santa Ana Unified School District ( "SAUSD ") school as well as City of Santa Ana residents (youth and adult) shall be given priority to participate in Operator's programs. C. Operator shall strive to balance the number of boys and girls participating in each of its programs. Equal opportunity shall be given to both boys and girls to participate in try -outs, clinics, tournaments, academies and any other programs that Operator provides. D. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 12 and 17) who qualify to participate in the Operator's Advanced Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. E. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 9 and 13) who qualify to participate in the Operator's Intermediate Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. F. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 14 and 16) who qualify to participate in Operator's High School Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. G. Should City agree to sponsor and pay the expenses for additional qualified Santa Ana youth tennis players to attend any of the above academies, Operator agrees to give these players priority to participate in these academies. 25E -5 H. Operator agrees that each sponsored student who participates in the Operator's Player Development Academies shall maintain a "B" grade point average or higher. Operator agrees that should any player registered in their academies drop below a "B" grade point average, that student will be placed on academic probation for six months. Students shall submit quarterly grade reports to Operator. City will have access to grade reports in order to monitor and ensure compliance. City will be responsible for notifying students of noncompliance. I. Operator shall submit an annual report to verify or provide evidence of compliance with items A -H above; 30 days after the end of each contract year. Operator shall re- surface and maintain the nine (9) existing courts as often as necessary to assure high quality tennis court surfaces at all times K. Clay Court Maintenance. Operator shall perform Daily inspection and maintenance of the clay court in accordance and compliance with the Har -Tru specifications attached hereto and incorporated herein as Exhibit C. Maintenance shall include daily litter /debris removal, weed removal, grooming with Aussie Clean Sweep and Line Sweeper, tape and nail inspection/repair. Courts and line tape shall be swept between each reservation. Operator shall monitor the hydration system to ensure sufficient moisture is evenly distributed throughout the court. Once a month (or more frequently depending on use) the clay court shall be scarified with Har -Tru Gator rake and steel Bristle Drag Brush. The clay court shall be rolled as necessary to obtain an even level surface. The other items such as nets, windscreen, fencing etc. shall be maintained up to the same level as the other concrete tennis courts. (See attached Exhibit C for equipment description, maintenance detail and rolling technique). L. Pro Shop and Food and Beverages. As part of the Operating Agreement, Operator will be authorized to operate a pro shop on site. Operator will also be authorized to sell food and beverages. Except as noted in paragraph M. below, the storage and /or sale of tobacco and alcoholic beverages or other unhealthy food products or sexual products is expressly prohibited. Operator will make a good faith effort to sell at least 50% healthy snacks and drinks. M. Special Events and Rental of Facilities. Operator agrees that it will not use, or rent, the Facilities for special events of any kind without first seeking prior approval from the City. To the extent that Operator desires to provide alcoholic beverages at any of its events, 25E -6 it must first seek and obtain City approval as well as any necessary permits, licenses or other approvals. Any outside group must provide insurance naming Operator and the City of Santa Ana as additional insureds and comply with the Insurance provisions in Section 1 1 and 12 hereof. N. Facility Staffing. Operator shall maintain staffing levels sufficient to comply with its responsibilities under this Agreement. The Facilities shall be staffed by Operator at all times during Operating Hours. Operating Hours shall be from 8 am to 10 pm, Monday through Friday; and from 8:00 am to 8:00 pm on Saturday and Sunday. Operating Hours may begin one half hour earlier as needed to prepare for reservations. Operator shall be responsible for supervision of the entire Facilities, including, but not limited to, tennis courts, club house, locker rooms and showers, Twist - Basler House and parking lot(s). Operator shall also be responsible for enforcement of safety practices and regulations. O. Facility Maintenance. Operator will maintain the entire Facilities in a safe and clean condition, order and repair, including paying at its own cost and expense for custodial services, maintenance of the tennis courts and other improvements, including washing the courts, replacing and maintaining nets and net posts/hardware, windscreens, fences, ball machines and any other equipment. Operator agrees to comply with the instructions in Exhibit C and will ensure that the clay tennis court receives the specialized maintenance with the water levels and grooming that are required. P. Fees for Use of Facility. Santa Ana residents will continue to be charged for use of the courts in accordance with the following schedule: Courts 1 -9 Weekdays: 8:00 am to 3:00 pm $3.00/hr. per person 3:00 pm to close 55.00/hr. per person S 1.00/hr. per person discount for Santa Ana residents Courts 1 -9 Weekends: 8:00 am to 1 :00 pm $5.00`hr. per person 1:00 pm to close $3.00 /hr. per person $1.00/hr. per person discount for Santa Ana residents Clay Court Weekdays: 8:00 am to 3:00 pm $5.00 /hr. per person 25E -7 3:00 pm to close $7.00 /hr. per person $1.00 /hr. per person discount for Santa Ana residents Weekends: 8:00 am to 3:00 pm $7.00 /hr. per person 3:00 pm to close $5.00 /hr. per person $1.00/hr. per person discount for Santa Ana residents Use of the courts for tournaments will be charged a surcharge. Any change in this fee structure will only be permitted with the prior written approval of the Executive Director of Parks, Recreation and Community Services Agency in compliance with any applicable law. Q. Accounting and Audit. Operator will be responsible for collecting all fees as indicated herein and agrees that it will provide the City with an annual accounting, 30 days after the end of each contract year showing the amount of fees collected per calendar year. Operator will also provide the City with data showing the breakdown between residents and non - residents using the Facilities, 30 days after the end of each contract year. City retains the option to request detailed financial statements, including balance sheets, profit and loss, or income statements to support the accounting. R. Upon the expiration or termination of this Agreement, City shall approve in writing the surrender of the Facilities by Operator only after being satisfied that the Facilities have been left in good and clean condition, less ordinary wear and tear. 6. City Responsibilities. A. Utilities. City shall pay for all utility services furnished to the Facilities for the use, operation and maintenance of the Facilities during the Term of this Agreement, or any extension thereof, including paying for all charges for heat, gas /water, trash, electricity charges used during the term of this Agreement. Operator will be responsible for payment of other utilities not listed herein, including payment of telephone and cable charges. B. Landscape. City will be responsible for the landscape areas of the Facilities. C. Parking Lot. City will be responsible for the maintenance of the parking areas serving the Facilities. 25E -8 D. In the event of damage, destruction or vandalism by third parties of any of the Facilities, the City will contribute to the repair and restoration as provided in section 9 of this Agreement. 7. Operator's Equipment and Personal Property. Operator shall hold title only to Operator's equipment or personal property placed on the Facilities by Operator. All of Operator's equipment or personal property shall remain the property of Operator and are not fixtures. Operator has the right to remove all of Operator's equipment or personal property at its sole cost and expense on or before the expiration or termination of this Agreement; provided that such removal shall be done in a professional and careful manner, without interference or damage to any other equipment, structures or operations on the Facilities, including the use of the Facilities by City or any of City's Operators, assignees or Operators. $. Facility Alterations. Operator agrees all changes or modifications to any of the Facilities requires prior written approval of the Executive Director of Parks, Recreation and Community Services. All requests for such changes or modifications shall be submitted by Operator to City by utilizing its current Field /Facility Modification Request process, and City reserves the right to approve or deny such requests. A copy of the City's current Field /Facility Modification Request process form is attached hereto as Exhibit D. 9. Damage, Destruction or Vandalism of Facilities. In the event of damage, destruction or vandalism by third parties of any of the Facilities, Operator shall repair or rebuild the same as soon as reasonably possible, except in any of the following circumstances: (a) Operator reasonably determines that the repair or rebuilding cost exceeds the sum of the proceeds available from the applicable insurance carried pursuant to this Agreement and any related deductible amounts; (b) the damage or destruction occurs within the last five (5) months of the Term. If any of the foregoing circumstances exist, then the Operator may, not later than thirty (30) days after the date of said damage or destruction, notify the City of the Operator's intent not to repair or rebuild the damaged or destroyed Facility. If the Operator so notifies the City, then the Agreement shall immediately terminate. Operator and City agree that if the cost of repair is less than $3000.00, Operator will be solely responsible for the repairs. In the event that the cost of repairs is over $3000.00, the City and Operator will share in the cost of repairs. 10. Indemnification, Defense, Hold Harmless. Operator shall protect, defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or Operator's failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, Operator shall notify City of such fact and shall represent City in such legal action unless City 25E -9 undertakes to represent itself in such legal action. Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 11. Insurance. A. In addition to the Operator's covenant to indemnify and hold harmless City, Operator shall obtain and furnish to City, a policy of general public liability insurance, commercial general liability insurance covering the Facilities and Operator's property. The policy shall indemnify Operator and City, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Facilities and Operator's property, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence. B. To maintain a safe environment, Operator shall provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Operator will be held accountable for conducting a background clearance (live -scan) for staff that have direct interaction with youth participants. C. The City also requires an Additional Insured Endorsement, as attached and incorporated herein as Exhibit E. The policy shall name City, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any City insurance coverage which may be applicable to the Facilities and Operator's Facilities shall be deemed excess coverage and that Operator's insurance shall be primary. Operator is required to give the City no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Operator to furnish insurance during the term of this Agreement. 12. Certificates of Insurance; Additional Insured Endorsements. Prior to execution of this Agreement, Operator shall furnish to City certificates of insurance and additional insured endorsements to each of Operator's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 25E -10 C. promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in Iimits, or modified without thirty (30) days prior written notice of City; and D. Operator shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. E. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Operator shall provide within fifteen (15) days of City's request. 13. Indemnification Regarding Hazardous Material. Operator covenants and agrees to indemnify City from and against any contamination of the Facilities with Hazardous Materials by Operator occurring after commencement of this License. Operator further agrees to defend and hold harmless the City from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders which arise during or after the term of this License related to the existence of Hazardous Materials (from whatever cause) on the Facilities or in the groundwater on or under the Facilities except for: (1) the cost of any remediation of Hazardous Materials deposited in the soils of the Facilities by the City or its employees, agents and contractors, and, (2) any third party personal injury actions which allege exposure to such undiscovered Hazardous Materials as a result of use of the Facilities in a City- sponsored program, or third party activity scheduled by the City. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Facilities. As used herein, the term "Hazardous Material" shall be interpreted broadly to means any hazardous or toxic substance, material, or waste which now is or hereafter becomes regulated by any local governmental authority, the State of California or the United States Government. 14. Taxes. The parties agree that if the Facilities are assessed any taxes or similar fees or charges due to the activities of Operator or Operator's permitted users, then Operator shall bear the entire cost of said taxes, fees or charges. 15. Liens. Operator will not permit any mechanics' or materialmens' or other liens to stand against the Facilities by reason of any use or occupancy by Operator, or any person claiming under Operator. 16. lion- Discrimination. Operator shall not discriminate as to the employment of persons relative to the use or operation of the Facilities, nor shall it discriminate as to the persons or entities which may use the Facilities, on the basis of race, color, religion, national origin, ancestry, gender, disability, sexual orientation, or medical condition, in 25E -11 violation of state or federal laws, or on any other basis otherwise prohibited by state or federal law. 17. Termination of Agreement This License shall be terminable by the City upon the occurrence of any of the following: A. Use of Facilities. Operator ceases operation of the Tennis Facilities; or, B. Unauthorized Transfer. Operator transfers or attempts to transfer any rights or interest in the Facilities in any fashion without the City's consent. C. Failure to Comply: Operator fails to comply with the terms of this Agreement. 18. City's Remedies in Event of Breach Default or Abandonment. In event of Operator's breach, default or abandonment of Facilities, City may: A. Continue this Agreement in effect by not terminating Operator's right to the Facilities, in which event City shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the compensation/consideration specified in this Agreement as it becomes due under this Agreement; or B. Terminate this Agreement and recover from Operator any amount necessary to compensate City for all detriment proximately caused by Operator's failure to perform its obligations under this Agreement; or C. Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified in this section of this Agreement, re -enter and regain possession of the Facilities in the manner provided by the laws of the State of California then in effect. 19. Force Maieure. Should the performance of any act required by this Agreement to be performed by either City or Operator be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Operator as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or Operator, required to perform the act. Of 25E -12 20. Insolvency of Operator. The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re- enter and regain possession of the Facilities. 21. Access. Each party shall provide access to the Facilities to the other party, and its employees, agents, contractors and subcontractors, twenty -four (24) hours a day, seven (7) days a week. City represents and warrants that it has full rights of ingress and egress to and from the Facilities, and hereby grants such rights to Operator to the extent required to maintain, and operate Operator's program within the Facilities. Operator's exercise of such rights shall not cause undue inconvenience to City. 22. Restrictions on Assignment. This Agreement is entered into specifically with the parties in mind. Therefore, neither party shall assign any or all of its rights under this Agreement without the prior written consent of the other party, in its sole and absolute discretion. 23. Notices. All written notices required to be given pursuant to the terms hereof shall be either (i) personally delivered, (ii) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party: To Operator: Match Point Tennis Academy 51 Meadow Valley, Irvine, CA 92602 Attn: Elson T. De Cantuaria, Director Telephone No.: (714) 724 -9407 25E -13 To the City: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attn: Clerk of the City Council Telephone No.: (714) 647 -6520 Fax No.: (714) 647 -6956 With a copy to: Office of the City Attorney 20 Civic Center Plaza Santa Ana, California 92701 Telephone No.: (714) 647 -5201 Fax No.: (714) 647 -6515 Executive Director of the Recreation & Comm. Services Agency City of Santa Ana 888 W. Santa Ana Blvd., Ste. 200 Santa Ana, CA 92702 Telefacsimile (714) 647 -6549 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 24. Contract Administrator. The Executive Director of the Parks, Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 25. Incorporation of Recitals and Exhibits. All of the recitals and exhibits set forth in or attached to this License are by this reference incorporated in and made a part of this License. 26. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto. 27. Governing Law. This Operating Agreement shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California. 12 25E -14 28. Entire Agreement. This Operating Agreement contains the entire understanding of the parties and supersedes any and all other written or oral understanding. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 29. Captions. Any captions or headings to the sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereof. 30. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 31. Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Operating Agreement. 32. No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Agreement. Any failure or delay on the part of either party in exercising any power, right or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 33. Rights and Remedies. No right or remedy conferred by any of the specific provisions of this agreement is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 34. Conflict of Interest. Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 35. Non - Recording. Neither party shall record this Agreement. t3 25E -15 IN WITNESS WHEREOF, the parties hereto have caused this Renewal of Operating Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA Kevin O'Rourke Interim City Manager RECOMMENDED FOR APPROVAL: OPERATOR: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 14 25E -16 By: ELSON T. DE CANTUARIA Director — Match Point Academy Tax ID # 4 x! 1, o�. a J J �L d v t1 .a �i z Exh2:51E$1 7 N Z Z W o Im � � Q s 4 0 Y L O U Z O O 00 EDUCATION ELSON T. DE CANTUARIA 51 Meadow Valley Irvine, CA 92602 Phone: (714)724 -9407 E -mail: Decantu2006 @yahoo.com Hampton University- Hampton, VA. Graduation date: December 1995. Major: B.S. in Marketing ( *Emphasis in Professional Tennis Management) Business School GPA: 3.85 WORK EXPERIENCE 1998 - Current Match Point Tennis Academy -Santa Ana, CA POSITION: Director of Tennis 1996 -97 Robert Lansdorf/Ducasse Tennis Program - Torrance and Pacific Palisades, CA POSITION: Tennis Professional. 1994 -95 Hampton University- Hampton, VA POSITION: Tennis Team Volunteer Assistant Coach. AWARDS • HU Departmental (Marketing) Award recipient(1996). • Presidential Award nominee (1996). • Three times NCAA Div. 11 National Runner -up (1992 -94). • Tennis Team Scholar Athlete (1994). • Tennis Team Most Consistent Player (1993). • Tennis Team Most Valuable Player (1992). • Tennis Team Most Outstanding Freshman (1991). PLAYING & COACHING HIGHIGHTS • Ranked #1 Men's 40 player in Southern California in 2007, 2008, and 2009. • Ranked #1 Men's 35 player in Southern California in 2003 and 2004. • Ranked #2 Men's Open player in Southern California in 2000. • Ranked #1 in the Division II National doubles ranking (spring 1993). • Ranked #2 in the Division II National singles ranking (fall 1991). • Personal coach for 5 professionally ranked players. • Personal coach for a #1 player in the NCAA DIVISION I tennis ranking. • Personal coach for 3 top 10 players in the NCAA DIVISION I tennis ranking • Personal coach for 5 top 10 junior players in the US. • Personal coach for more than 25 junior players ranked in the top 100 in the US in the past 15 years. SPECIAL SKILLS AND ABILITIES Multilingual (English, Portuguese, and Spanish) Three years of professional playing experience Creator & director of the first pre - college tennis program in Southern California REFERENCES Available upon request. Exhibit B 25E -18 s� 31 bt-0 BASIC TOOLS &. EQUIPMENT Having the correct tools and equipment to maintain your Har -Tru courts is very important in providing a consistent playing surface. The following is a list of basic tools and equipment that is necessary for a consistent maintenance program. Drag Brush: Drag Brushes are important to have on the courts as they provide grooming and keep the surface consistent. Bristles can replaced as they wear without replacing the whole brush. Line Sweepers: Line Masters are a great tool to keep your Har -Tru surface material off of court lines. The circular brush should be replaced periodically to ensure good consistent brushing. Aussie Clean Sweeps: The Aussies are designed to pick up debris that falls on the courts such as pine needles, leaves etc. The Aussie is also used in place of brushing when you want a less aggressive surface groom and creates less surface drying. Lutes: Having a couple of lutes available for use will be necessary when you want to periodically scrape up loose and dead material from the courts, in need of a light scarifying and conducting patch and repairs on the surface. Replace the blades as they wear down and become less agitating to the court. Har -Tru Gator Rakes: Having a Gator Rake on hand will be essential in case s where the surface will need a deeper scarification. There are hand and tow models available. Steel Bristle Drag Brush: Having a Steel Bristle Drag Brush on hand will also be necessary when you want a less aggressive scarification than with the court rake however using the Steel Bristle Drag Brushes when the surface is too damp will cause surface material to cake on the bristles and drop off. Use the brush when surface is less moist. Rollers: Having a reliable roller will be very important in maintaining Har -Tru tennis courts. Performing preventative maintenance on your equipment will ensure longevity and consistent results. See Owner's Manual for preventative maintenance schedules. 32 25E -20 SPECIALIZED TOOLS & EQUIPMENT Specialized tools may be necessary to complete your arsenal of tools. Knowing what tools are available will help to maintain a high standard in maintenance practices. Court Devils: Har -Tru Court Devils come in 2 different sizes. A tow model and a hand model is available. This equipment is used when a more aggressive surface agitation is needed due to surface over - compaction or weed, algae and moss growth occurs. Hand Rollers: Har -Tru Hand Rollers come in 2 sizes, 24" and 18 ". Both rollers can be filled with water for added weight. These court rollers are perfect for touch -up work around court edges and patching low spots. Spreaders: Tru -Flow Spreaders and Top- Dressers com in 3 different sizes, 24 ", 36" & 54 ". These spreaders can be used when annual top- dressing occurs or whenever the need to drop Har -Tru surface material consistently. Line Scrub: The Har -Tru Line Scrub is a great tool for cleaning court lines when a more aggressive brushing is necessary. Power Rollers: Har -Tru Power Rollers come in a variety of forms. Court Pac, Court Pac Pro and Tow Rollers make rolling Har -Tru tennis courts safe, fast and easy. Choose Har -Tru brand equipment for all of your maintenance needs. 33 25E -21 COURT EQUIPMENT Inspect condition of the following equipment: Equipment Condition Center Strap Anchors Center Straps and Hooks Court Numbers Drag Brushes Line Scrub Line Sweepers Line Tapes Lute Scarifiers Nails Nets Net Posts Net Post Reels Rollers Roller Brushes Roller Scrapers Jennie Two -Ste Tidi -Court Windscreens Fasteners Ty-Wraps Plastic Snaps 34 25E -22 35 25E -23 0 s 6 504; �C* ,5EP 2 `h° w.„ k r« 1— s 11 : J ° A46, T DAILY MAINTENANCE MORNING 1. Inspect Har -Tru surface for minor scuffing. If baseline areas require divot repair, lute and re -dress as necessary. 2. Remove any weed growth problems and foreign debris from the surface. 3. Inspect tapes and nails for lifting of shifting. 4. Groom surface with an Aussie Clean Sweep, Court Rake or a Drag Brush. Make wide turns with the Drag Brush to avoid accumulation of Har -Tru material. The Aussie Clean Sweep serves a dual purpose; as a smoothing /leveling tool (with teeth in the up position) and a debris remover (with teeth in the down position). 5. Sweep the line tapes. Ensure the line tape area beneath the net has been swept. Use a Line Scrub to remove surface material that adheres to the line tape. 6. Roll the surface if necessary. Make wide turns. Avoid twisting and turning motions that cause surface damage. 7. Sweep the tape lines after the surface has been rolled for a cleaner looking line (optional). 8. Ensure that the net and center strap is set correctly. 9. Clean benches, coolers, cooler stands, ect. If these items are kept on -court during the season, move them and groom the surface below on a regular basis. 10.Wash out the Tennie Two -Step on a daily basis if possible. 11.Inspect Windscreens. 12.Ensure Line Sweeper, Aussie Clean Sweep, Court Rake and Drag Brush are stored properly and do not pose a hazard to players. MID -DAY Mid -day maintenance keeps the court looking and playing as well during late afternoon as it plays in the morning. The ideal situation would be for maintenance time to be scheduled so courts could be brushed, lines swept and the surface watered properly. The moisture level in the court profile should remain adequate until the next maintenance period. EVENING Adequate brushing and thorough watering will ensure quality playing conditions the following day. 1. Brush in alternate directions, particularly around baseline areas to smooth surface prior to watering. Alternate direction of brushing on a nightly basis. 2. Water the court in a "cycling method" to accomplish a thorough watering during the course of an evening with as little run -off of water as possible. Proper timing of watering cycles is best determined by observation. The ideal situation would be for the court profile to retain adequate moisture until the next maintenance period. 37 25E -25 TECHNIQUE FOR "QUICK CONTINUOUS" ROLLING Example of rolling --- - - - - -- several courts 10 ----.0 0 I without removing nets. y "---< — — — — — — -- > -- - - - - - - - - - >-- - - - - - - - - - - - - -- )- 61-1 25E-26 NET 39 25E -27 25E -28 PERIODIC MAINTENANCE 1. Inspect court surface material for any build -up to be removed; particularly along the net -line. 2. Inspect the court surface for weed growth. Algae control is best achieved by following these guidelines: a. Agitate low traffic areas on the court periodically. Use the Court Rake, Lute /Scarifier, Steel Bristle Drag Brush, Court Devil or the Lee Tow Scarifier. b. Stay on top of growth problems by regular observation and preventive maintenance practices such as frequent surface agitation. c. Consult your local county agricultural cooperative extension agent prior to the purchase and application of any chemicals. d. Always read the entire chemical label and follow any safety precautions prior to application. 3. Periodic leveling /smoothing of the court surface may be required, particularly in areas of heavy play. The best time of the day for smoothing the surface is during the afternoon when the surface is drier, just before turning on the watering cycle. Use a regular or Steel Bristle Drag Brush. 4. Periodic observation of the irrigation heads while irrigation system is running is the best preventive measure to ensure thorough and even water distribution. 41 25E -29 Freeze /Thaw Effect of Har -Tru Courts Frost occurs in the Har -Tru clay court surface profile when water in the surface freezes. Depending on the extent of the freezing weather, frost may extend through the entire 1" thickness of Har -Tru. When sunlight and higher temperature reach the frozen surface the following morning, these ice crystals will begin to melt from the top of the surface downward through the profile. It may take several hours for all ice crystals to melt in the profile. While these ice crystals are melting, water will form on top of the surface and form puddles until the entire surface below begins to thaw. Once the profile has thawed completely the water will drain through the profile. Until the entire profile has thawed and the water has drained back down into the profile, the surface may be too wet for maintenance practice s and for tennis play. We recommend everyone stay off the surface until it is playable and workable since any traffic on a wet surface may compromise the quality of that surface. If players or court maintenance staff enters the playing area before this drying cycle is complete, minor damage to the surface can occur. To repair the indentations (footprints, roller marks, etc.) caused by entering the playing area too quickly, use standard patching techniques or call Har - Tru Sports or your local Har -Tru Clay Court material distributor for guidance. 42 25E -30 43 25E -31 END OF SEASON MAINTENANCE 1. Tennis Nets: Remove and attach a tag noting any repairs needed. 2. Windscreens: Inspect for needed repairs, label for easy relocation next season and fold neatly for storage in a plastic bag. Wait until the windscreen is dry (afternoon) before removing. Fence maintenance during the "off- season" can be accomplished much easier without the windscreens hanging on the fence. 3. Net posts: Remove and inspect for repairs. 4. Cover net postholes to prevent water, surface material and debris from entering during the off - season. 5. Remove the tapes and nails. Ensure all nails have been removed from the court surface. 6. Coolers: Wash inside and out. Repair spouts if necessary. 7. Benches: Wash, repair and paint if necessary. 8. Line Sweepers, Drag Brushes and other accessories: Wash clean, inspect for repairs and hang properly to protect the bristles. 9. Roller: Consult owner's manual for proper servicing. 10.Aussie Clean Sweep: Wash clean, inspect for repairs and hang to protect rubber matting. END OF SEASON HAR -TRU SURFACE MAINTENANCE 1. Brush and roll repeatedly to fill in and compact old nail holes. 2. Covering court surface with a nylon reinforced plastic cover for the winter months reduces the amount of reconditioning required the following spring. 1! 25E -32 45 25E-33 © 45 25E-33 FALL SURFACE RECONDITIONING Fall surface reconditioning is increasing in popularity because the tennis courts can be opened earlier in the spring when demand for play is strong and time available for reconditioning is short, particularly during a wet spring. The maintenance staff is under less time constraint in the fall, allowing for better quality control in providing a superior playing surface. More time is available for other important (and often postponed) spring maintenance duties around the tennis court. Fall weather patterns are more stable & predictable for reconditioning. Initial expense to purchase a tennis court cover is justified considering the life of the cover, benefits to the players and increased productivity of the maintenance staff. WINTERIZING THE IRRIGATION SYSTEM 1. Turn off main water supply. 2. Ensure manual valves at base of sprinkler heads are open. 3. With an air compressor, blow out the irrigation lines by activating each zone separately for approximately 5 minutes, do not exceed 60 psi. Open each zone valve box cover and inspect valves for any needed repairs while the system is being blown out. 4. Repeat step 3 until all water has been blown through the system. 5. Remove any debris from inside the valve boxes. 6. Replace valve box lids. 7. Note any repairs or improvements needed for the system before the next season CONTINUING EDUCATION Several educational aids are available for staff training; the General Maintenance Outline for Har -Tru Tennis Courts, the Maintenance Video, the maintenance DVD and other resources. Visit our web -site at www.har - tru.com for additional information. These products are ideal for keeping your staff informed, on a regular basis about the most efficient methods of Har -Tru tennis court maintenance. 46 25E -34 47 25E -35 5 YEAR BUDGET MAINTENANCE PLAN The following includes a list of goals and time tables based on the Court Analysis Survey. These timetables can be used in budgeting for short and long term projects. Subject Description Schedule Laser Grading Laser grading should be considered every Every 10 -15 & i" lift 10 -15 years. years Top -Dress Topdressing is necessary for each annual Annually opening. 1 -2 tons of Har -Tru per court should be applied with each top- dress. Line Tape Line Tapes should be pulled up prior to top Annually replacement dressing. This will ensure that lines are straight, tight and have no surface material buildup on either side of line tapes during the playing season. Windscreens Windscreens should be replaced every 3 -5 Now years or as they start to fade, discolor and & et brittle. 3 -5 years Fencing -Hard Fencing should be painted or replaced as As Needed Courts needed. Keeping this project in a cycle will help to eliminate a build up of high budgetary costs. Tools & Keeping Brushes and Hand tools in good Drag Equipment working condition is essential for great Har- Brushes, Tru courts. Replacing worn brushes, lute Line Masters blades etc. will keep the tools working Lutes properly. Aussie's Roller Having a reliable roller on site will be Grease important to ensure the best possible annually & courts. Preventative maintenance will perform ensure reliable equipment. scheduled Preventative Maintenance Amenities Nets, Net Posts, Coolers, Benches, etc. As Needed should be replaced as needed. .• 25E -36 Maintenance Properly maintained Har -Tru courts ensure Annually Training court longevity and consistent playability which can really affect a facility's bottom line. Making sure the maintenance crew is sufficiently trained is key. We offer information on our website that can provide the training and knowledge needed. Attending maintenance seminars gives a Maintenance Employee an opportunity to learn about best practices and to meet others in the same industry. They get hands on training both in a classroom setting and out on the court. Please contact Har -Tru Sports for more information. STAFFING RECOMMENDATIONS The following are staffing recommendations for daily maintenance of clay tennis courts. Har -Tru We recommend 45 -60 minutes per court each day. There are variables each day, week, month and annually. This staffing recommendation is an average figure meant to help to determine staffing needs for the maintenance of Har -Tru Clay tennis courts. SUB - IRRIGATED We recommend 20 -30 minutes per court, per day. There are variables each day, week, month and annually. This staffing recommendation is an average figure meant to help to determine staffing needs for the maintenance of Sub - irrigated tennis courts. 49 25E -37 TENNIS COURT MAINTENANCE BUDGET WORKSHEET Inventory Condition Needed Budget Aussie Clean Sweep Benches Center Strap Anchor Center Strap/Hook Coolers & Stands Court Layout Cables Court Numbers Drag Brush Har -Tru Line Scrub Line Sweepers Line Tapes Lute Scarifier MAG Maintenance DVD Maintenance Video Nails NDS Drainage Nets Net Posts & Reels Roller Roller Cover Scarifier Sprinkler Heads Squeegee Tape Stretcher Tennie Two -Ste Tidi -Court Tru -Flow Spreader Windscreens i Fasteners Ty-Wraps Plastic Snaps Other co 25E -38 51 25E -39 A true passion for tennis extends well beyond just the game itself. At Har- Tru,we're fanatical about ensuring that your facility can provide an unbeatable and complete tennis experience.With us, you don't just play to win —you play for life. To learn how we can help you provide the best game possible, please contact; Ed Montecalvo Consulting Services Manager 434.327.1524 direct line emontecalvo @hartru.com Roy HO-y Product Specialist t Consultant 434.327.1532 direct line rhey@haru-u.com 2200 Old Ivy Road . Suitt 100 Charlottesville. VA 22903 1 .877.442. 7878 . www,HarTru.com . support@Har•Tru.com 52 25E -40 CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY PARK /FACILITY /FIELD MODIFICATION PROCESS 7/17/2007 The purpose of this process is to ensure that any modifications proposed on City parks, facilities or fields by groups or individuals meet the City's building code requirements, safety and quality standards, and be uniform in design with other park facilities. The intent of the proposed modification must take into consideration the impact to the surrounding neighborhood and must meet the City's overall objective of providing quality public park services and facilities to the residents of Santa Ana. The followiniz information and/or process shall apply to any park, facility or field modification proposed by City, organizational group(s) and/or individual(s): Modifications shall apply to any proposed installation or removal of capital improvements on any City - owned park, facility or field, such as: • Sports facilities • ball fields, soccer fields, sports courts, etc. • sports lighting • dugouts • batting cages • bleachers o scoreboards • concession stands • press /score boxes • Play areas • playground equipment • playground surfaces • Passive areas • Park furniture and signage • park and regulation signage • picnic tables, park benches, barbeque braziers, trash receptacles, drinking fountains • Park landscaping and irrigation systems 2. The process shall also include any offer to provide volunteer assistance and or request for improvements in the area of maintenance and/or landscaping to any City -owned park, facility or field, such as: • Planting or removal of trees, shrubs, ground cover, vines, and flowers • Maintenance of park landscaping such as: o edging / trimming • mowing • sodding • sprigging • top dressing • weed abatement • trash/clean -up 8-41 7/17/2007 User Groua(s) Procedure 1) Complete attached ParklFacility /Field Modification Request Form. 2) Submit Request Form to Parks, Recreation and Community Services Agency, Attention: Administrative Services Division. 3) Agency reviews proposed modification(s) with Administration and Park Maintenance Division staff. 4) If improvements are minor in nature and do not impact the original master plan of the park, administrative approval may be granted to allow the applicant to proceed with work. 5) If applicable, and improvements are extensive, applicant shall provide preliminary plans for review by the Parks, Recreation and Community Services Agency. Make any corrections to plans or scope of work as identified by the Parks, Recreation and Community Services Agency. 6) Staff presents preliminary plans or scope of work to appropriate Neighborhood Association(s), as identified by the Parks, Recreation and Community Services Agency. 7) If preliminary plans are approved by the Neighborhood Association(s), an agreement may be required between the organization and the City of Santa Ana. 8) Upon Neighborhood Association(s) approval, the plans are taken to the Board of Recreation and Parks for approval with neighborhood comments and/or terms of agreement. 9) If preliminary plans are denied by the Neighborhood Association(s), applicant may file a formal appeal with the Board of Parks and Recreation's Open Space Committee. 10) If appeal of the preliminary plans is denied by the Open Space Committee, the Neighborhood Associations' decision to deny the plan is upheld. 11) If appeal of the preliminary plans is approved by the Open Space Committee, a recommendation is taken to the Board of Parks and Recreation for approval. 12) If the Board of Parks and Recreation approves the plans, and an agreement is required, staff will draft the agreement and present to the City Council for approval. If no agreement is required, proceed to Step 14. 13) If the Board of Parks and Recreation denies the plans, that decision is final and there is no appeal process that may be undertaken. 14) Upon Board of Parks and Recreation approval of plans (and City Council approval of agreement, if required), applicant shall provide construction plans and specifications to the Parks, Recreation and Community Services Agency, Administrative Services Division, and the Santa Ana Planning and Building Agency, if applicable. Applicant shall make corrections to plans and specifications as identified by the appropriate agency. 15) After plans and specifications have been approved by both the Parks, Recreation and Community Services Agency and the Planning and Building Agency, a pre - construction meeting will be held with the Parks, Recreation and Community Services Agency staff to review applicant's proposed construction schedule to determine any impact on programs or operations at the specified park/facility /field. 16) The Parks, Recreation and Community Services Agency will notify the organization on when construction may proceed. 2 25E -42 Park/Facility /Field Date Submitted CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY Park/Facility /Field Modification Request Form (Please complete one form per project) 7/17/2007 Group/Individual Requesting Modification Non - Profit Tax ID No.: Contact Person Name Address Phone Number: Fax Number: E -mail: Certificate of Liability Insurance attached? ❑ Yes ❑ No I Site plan/drawing enclosed? ❑ Yes ❑ No Projected Start Date: I Projected Completion Date: Brief description of proposed modification (s): Brief description of how project will be funded: Impact on park/facility /field during improvement /maintenance: Applicant Signature Approved/ Denied by Conditions: 25E -43 Date: Date: 'AC40REW ® CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 05/28/2' 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN.THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require in endorsement. A statement on this certificate does not confer rights. to the certificate holder in Ileu of such endorsement(s). PRODUCER - - - CONTACT - - - - Willis Insurance services of Georgia, Inc. _ c/o 26.Century Blvd. P.O. sox .3.05191- _ PHONE�.� � � - FAX 77- 945 -7378 8- 467 -2378 E-MAIL . certificates@willis.com Nashville, TN 37230 -5191 - INSURER(S)AFFORDING COVERAGE - NAIC/1- INSURERA:.Philadelphia Insurance Companies 18058 -900 /201 INSURED. - - United States Professional Tennis Association, InIINSURERF: INSURERS: ACE American Insurance Company - 22667 -008 500,000 3535 Briarpark Drive - INSURERC: - - Suite One Houston, TX 77042 INSURER D: - INSURERE: CLAIMS- MADEF—x]OCCUR- - rnvPDA/-'I =S CFRTIFICATF NIIMRFR•'I a"Ai;nr; - RFVISInN NIIMRFR*Rnw Rnmarkw THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUER TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT. OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - - TYPE OF INSURANCE DD' SUB vivn POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERALLIASILITY Y PHPK948137 12/31/201212/31 /201 EACHCCCURRENCE $ 1.000,000 PR MISES EsE,rence -$ 500,000 X. COMMERCIAL GENERAL LIABILITY- - CLAIMS- MADEF—x]OCCUR- - - MEDEXP (Any one person) $ PERSONAL& ADV INJURY $ 1,000 000 X Athletic Participant GENERALAGGREGATE $ 2,600,000 - GEN'L AGGREGATE LIMIT APPLIES PER: . .PRODUCTS - COMP/OP AGG $ - 1,000,000 $ X POLICY PRO. LOC AUTOMOBILE LIABILITY. _ COMB'NEDSINGLELIMIT $ - BODILY INJURY(Perperson) $ ANYAUTO ALLOWNED - SCHEDULED - AUTOS AUTOS - - BODILYINJURY(Perecckient) $. - PerxcMentj $ - HIREDAUTOS - NON -0WNED. AUTOS - - - A X UMBRELLALIAS X OCCUR PRUB403104 12/31/201 12/31/201 EACH OCCURRENCE $ 3,000 000 AGGREGATE $ - 3,000r000 EXCESS LIAR - CLAIMS -MADE - - DED I X RETENTIONS 10,00 $ - WORKERS COMPENSATION - - - - - - TWC AND EMPLOYERS' LIABILITY -' ANYPROPRIETORIPARTNER IEXECUTIVEYI❑N NIA - - E.L. EACH ACCIDENT - $ - - (O(MMFFICERIMEMBEREXCLUDED? atory I ff under - - - - - - - E.L. DISEASE, EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT Is yes e DE SCRIPTIONOFOPERATIONSbelow - B XCQ 1325833442 12/31 201212 31 201 Excess Liability $5,000,000 Limit DESCRIPTION OF OPERATIONSI LOCATIONS /VEHICLES (Attach Acord 101, Additonal Remarks Schedule, R rnore space Is required) - - THIS VOIDS AND REPLACES PREVIOUSLY ISSUED.CERTIFICATE DATED: 5/24/2013 WITH ID: 19873529 Elson De Cantuaria 53128 USPTA Members are Insureds for.General Liability for playing, teaching or officiating in tennis or operating a tennis ball machine for practicing or teaching. [City of Santa Ana, its nd e=lovees are included as A dit'o al Insureds as GtK 1 II-IGAI t KULULK - - GANGtLLA I IUN - - - - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCEWITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - City of Santa Ana 20 Civic Center Plaza, PO Box 1988 f Santa Ana, CA 92702 I _ pn— 6�, Coll:4109169 Tpl :1596672 Cert:19874505 © 1988- 2010ACORD CORPORATION. All rights reserved CORD 25 (2010/05) The ACORD name and logo are registered marKs of ACORD 25EJ-44 ACO AGENCY CUSTOMER ID: 101407 LOC#: ADDITIONAL REMARKS SCHEDULE Page �of 2 - - - - .NAMED INSURED United States Professional Tennis Association, Inc f Georgia, Inc. 3535 Bria ark Drive AGENCY Willie Insurance Services o g rp Suite One Houston, TX 77042 POLICYNUMBER - .. See First Page CARRIER NAIC CODE EFFECTIVEDATE: $ee .First Page See. First Page IDITIONAL REMARKS i ACORD 101 (2008101) Coll:4109169 Tp1:1596672 Cert: 19874505 © 200BACORD CORPORATION. All rlphtsreserved. The ACORD name and logo are registered marks of ACORD 25E -45 POLICY NUMBER: PHPK948137 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 I THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Santa Ana, its officers, agents, and employees 20 Civic Center Plaza, Santa Ana, CA 92701 Information required to complete this Schedule if not shown above, will be shown in the Declarations. I i i Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damm. age or "personal and advertising. injury'.' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ISO Properties, Inc., 2004 25E -46 Page 1 of 1 ❑ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: AGREEMENT WITH COMMUNITY SENIORSERV, INC. FOR SENIOR MEALS PROGRAMS / . r,40eoo�e-� dTAtANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Community SeniorServ, Inc. in the amount of $80,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In May 2013, the Parks, Recreations and Community Services Agency (PRCSA) was allocated Community Development Block Grant (CDBG) funding to support Senior Meals Programs. PRCSA, which manages and coordinates a variety of programs and activities for seniors, will utilize the allocation of CDBG funds to enter into an agreement with Community SeniorServ, Inc. to continue to provide the Meals on Wheels and Senior Lunch programs in Santa Ana for the program year 2013 -2014. The Meals on Wheels program prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100% of the U. S. Nutritional Recommended Daily Allowance - consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff as well as the calls and /or visits from case workers who regularly check on their well- being. The Senior Lunch Program will be offered at three sites in Santa Ana (Santa Ana Senior Center, Southwest Senior Center, and Vietnamese Community Center) to help alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and /or on a limited income. This nutrition program seeks to enhance the physical and mental well -being of the elderly population by: • Encouraging a sense of dignity; • Providing stimulating activities and volunteer opportunities; and • Augmenting participants' financial resources by providing donation -based meals. 25F -1 Agreement for Senior Meals Programs June 3, 2013 Page 2 The Senior Lunch Program meals are also planned and certified by a dietician to meet one third of each person's daily nutritional needs based on FDA guidelines. FISCAL IMPACT Funds are available in the CDBG account (13518783 69135). Gerardo Executive Directot Parks, Recreatio and Community Services Agency 6k Sandra D. Gottlieb Acting Executive Director Community Development Agency GRM /SDG /fh Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 6 -18 -12 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SENIORSERV, INC. FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this 1 st day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY ") and Community SeniorServ, Inc., a California nonprofit corporation ( "SUBRECIPIENT "). WITNESSETH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG REGS "); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A -1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 1 25F -3 6 -18 -12 L SUBRECIPIENT'S OBLIGATIONS A. Non - Profit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing non - profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $ 80,000 ( "CDBG FUNDS "), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2014. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis on or before the 15`" of each of the following months (October, January, April and July) subject to and upon receipt and approval of a complete 2 25F -4 6 -18 -12 quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2013 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. 3 25F -5 6 -18 -12 G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A -110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A -110 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and /or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and /or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race /ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, W 25F -6 rim -B i April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year -to -date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United State Government and /or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records /Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT' S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above - referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 5 25F -7 6 -18 -12 L. Compliance with Law /Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non- expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, 0 25F -8 6 -18 -12 Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this 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, 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 a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C -1). T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG- assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U. Davis -Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance ") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews /investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)]. V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following drug -free workplace policy: 25F -9 6 -18 -12 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The CITY and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. W. Uniform Administrative Requirements for Non - Governmental Subrecipients/Non- Profits. The following requirements and standards must be complied with: OMB Circular A -122 "Cost Principles for Non - Profit Organizations" or OMB Circular A -21 "Cost Principles for Educational Institutions ", as applicable; 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations," as modified by 24 CFR 570.502(b); and, OMB Circular A -133, "Audits of States, Local Governments and Non - Profit Organizations ". X. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2013 -2014 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2013 -2014 pursuant to this Agreement up to a maximum aggregate payment of Eighty Thousand Dollars ($80,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis on or before the 15th of the following months (October, January, April and July) in a form prescribed by CITY, detailing such expenses. M 25F -10 6 -18 -12 CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day -to -day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1 -102 and A -110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully 7 25F -11 6 -18 -12 incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in- law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 10 25F -12 6 -18 -12 VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 -1988 TO SUBRECIPIENT: Holly Hagler Community SeniorServ, Inc. 1200 N. Knollwood Circle Anaheim, CA 92801 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with 11 25F -13 6 -18 -12 limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self - insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self - insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 12 25F -14 6 -18 -12 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination 13 25F -15 6 -18 -12 stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. 14 25F -16 6 -18 -12 XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVL VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 15 25F -17 L 6 -18 -12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LISA E. STORCK Assistant City Attorney DATE: 1019 25F -18 CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager SUBRECIPIENT: Name: Holly Hagler Title: Chief Executive Officer Tax ID: 95- 2771715 City of Santa Ana Scope of Work Name of Organization Community SeniorSery Name of Funded Program Home Delivered and Congregate Meals Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12 -month contract period. 10,800 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12 -month contract eriod. Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Santa Ana CDBG funds will be utilized to help fund the raw food costs of meals on wheels and congregate lunch meals to Santa Ana older adult participants. Home Delivered Meal Program: Participants in the Home Delivered Meals program will receive 3 meals per day 5 days per week and case management services. Meals will be delivered by paid and volunteer drivers. Eligiligy and case management services will be provided by CSS Case Managers. Participants will also have access to other services at no charge including in -home services, respite services, home safety equipment, and other resources. Congregate Lunch Program: Participants in the Congregate Lunch program's will be provided a daily (Monday- Friday) hot nutritional lunch at 3 nutrition sites in Santa Ana. Locations: Southwest Senior Center Santa Ana Senior Center Vietnamese Community Center Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12 -month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 - September 30 450 Persons Quarter 2: October 1 - December 31 250 Persons Quarter 3: January 1 - March 31 200 Persons Quarter 4: April 1 -June 30 200 Persons 1100 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12 -month contract period on a quarterly basis. Quarter 1: July 1 - September 30 $20,000 Quarter 2: October 1 - December 31 $20,000 Quarter 3: January 1 - March 31 $20,000 Quarter 4: April 1 -June 30 $20,000 $ 80,000.00 Total Grant Exhibit A Page 1 of 1 E x h i b 120' Ft 19 City of Santa Ana Performance Outcome Tracking Activity/ Program Outcome Tracking Goal HUD Outcome Tracking HUD Goal Home Track program participants 80% of participants will Track Number of persons assisted Accessibility for the Delivered and while they are on the program remain independent during purpose of creating Congregate through quarterly the time services are Suitable Living Lunch assessments and provided. Environments Program reassessments. Describe how you will gather the tracking information, noted above, for that activity. Information is gathered for all participants in both programs (Home Delivered and Congregate Meals) during the intial assessment and then once annually. This information is updated in our database tracking network (SAMS) system and is then printed in quarterly reports which assist in completing our quarterly CDBG reports. The SAMS system supports all the basic demographic information required in the reports. Exhibit A -1 Page 1 of 1 Exhibi"'f'F�20 Final Budget Organization Name Community SeniorServ, Inc. Program Name Home Delivered Meals Program and Congregate Program Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources CDBG Other than Santa Ana Total Program Budget Total Organizational Budget Administrative Staff Salaries & Benefits $ - $ 474,508 $ 474,508 $ 576,521 Program Staff Salaries & Benefits $ - $ 2,431,656 $ 2,431,656 $ 2,954,429 Contractual /Professional Services $ - $ 54,213 $ 54,213 $ 65,868 Office Supplies $ - $ 53,312 $ 53,312 $ 64,773 Rent $ - $ 164,881 $ 164,881 $ 200,328 Communications $ - $ 91,932 $ 91,932 $ 111,696 Utilities $ - $ 96,209 $ 96,209 $ 116,893 Insurance $ - $ 58,447 $ 58,447 1 $ 71,012 Other:List below 1 Raw Food $ 80,000 $ 1,505,166 $ 1,585,166 $ 1,925,955 2 In Kind $ - $ 350,098 $ 350,098 $ 425,364 3 Program Supplies $ - $ 276,260 $ 276,260 $ 335,652 4 Travel/Training $ - $ 54,384 $ 54,384 $ 66,076 5 Vehicle /Building $ - $ 158,058 $ 158,058 $ 192,038 6 Outreach and Other $ - $ 32,384 $ 32,384 $ 39,346 Total $ 80,000 $ 5,801,508 $ 5,881,508 S 7.145,953 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 80,000 CDBG Other than Santa Ana $ 159,089 Senior Donations $ 889,481 Other Donations $ 60,000 In -Kind $ 350,098 Federal Funds $ 3,325,986 USDA $ 854,501 United Way $ 63,000 Support Funds $ 99,353 Total Funds for the Program $ 5,881,508 Exhibit B Page 1 of 1 Exhib3'4060 F�2 1 Funded Personnel Name of Organization: Community SeniorSery Name of Program Home Delivered and Congregate Meals Program ADMINISTRATIVE STAFF Position Title (only list funded positions) Annual Salary Annual Benefits Total Compensation Funds Requested for this position Percent of time serving Santa Ana Maximum Amount of eligible Compensation No Funding Allowed Under ESG $ $ $ - $ - $ $ - $ - $ - $ - $ $ - $ $ - Is Total Amount Requested $ - $ - $ $ - Total Amount Re nested $ - PROGRAM STAFF Position Title (only list funded positions) Annual Salary Annual Benefits Total Compensation Funds Requested for this position Percent of time serving Santa Ana Maximum Amount of eligible Compensation NA $ $ $ - $ - $ $ - $ - $ - $ - $ $ - $ $ - $ Total Amount Requested $ - Total Amount Requested $ - CONTRACTUAL /PROFESSIONAL SERVICES Type of Service (only list funded services) Annual Contract Amount Total Compensation Funds Requested for this position Percent of time serving Santa Ana Maximum Amount of eligible Compensation NA $ $ - $ $ - $ - $ - $ - $ $ - $ $ - $ Total Amount Requested $ - Exhibit B -1 Page 1 of 1 Exhibi21 pr- F-1-22 #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: SETTLEMENT AGREEMENT WITH LA ESTRELLITA FOR GRAND AVENUE WIDENING (PROJECT NO. 1732 NONGENERAL FUND CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S` Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a settlement agreement with La Estrellita Novelties, tenant of the property located at 208 North Grand Avenue, Unit A (APN 398- 453-06), in the amount of $12,962 for the value of the loss of business goodwill, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Grand Avenue is a north -south transportation facility which is designated as a major arterial highway, and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue between First and Seventeenth Streets has been a long -term priority project that will be constructed in several phases. Improvements include the widening of the roadway from two to three lanes in each direction; construction of raised landscape medians; new curb, gutter, and sidewalk; and inclusion of bike lanes. The Public Works Agency is acquiring property for development of Phase I, bounded by First and Fourth Streets, and expects to complete the acquisition process by September 2013. Construction is anticipated to begin by early 2014. The Uniform Relocation Act obligates the City to relocate tenants of the properties acquired for the widening of Grand Avenue, and sets standards for benefit amounts. As part of the relocation process, La Estrellita, the tenant at 208 North Grand, Unit #A (Exhibit 1), must be paid for the loss of goodwill, due to the relocation of the business to its replacement site at 1322 North Grand Avenue, Santa Ana, CA. Compensation in the amount of $12,962 is the value for the loss of business goodwill as reviewed by an appraiser licensed by the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Report (SCH No. 1998051068) approved by the City Council in 2002. In accordance with the 25G -1 Settlement Agreement with La Estrellita for Grand Avenue Widening Project June 3, 2013 Page 2 of 2 National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. FISCAL IMPACT Funds to cover the recommended settlement agreement payouts are appropriated in the Regional Surface Transportation Program (Account 05917660- 66220) and Transportation System Improvement Area Fund (Account 99117950 - 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Rau Godinez II Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Management Services Agency rtwt._ RG /KN Exhibits: 1. Location Map 2. Agreement 25G -2 N ---i I (N T S) --� 398-383 -04 I398- 383-08 � Im n CD T co I 398 - 383-13 CD 'o ! i i rmi m tQi i m m m ii r°i I m ! m i I mm j 1 R R j A m i i jmim mlmimi�o! 200 M CRUM d) m ! I Ln c6 e , v 398454 -1 m ! e ! P 1 m ! m mD W D Z Q Z 0 FOURTH STREET I CD t m Im�m�m mlm miml ! m m m2!4-1-41 i m im P P 1 �; a, ! a, ._ „_ „_ „_ ! m imlmlmlmi m_ IF _ THIRD STREET m _,_„_,_,_ „_ in 0 to a j v e a i P i P I P 1 P I P !� al m ! i 1 v i e I a Lo 1 m Imimiml „_rrrriL,_ „J SECOND STREET Im!mmlm mim!m!m m! i m l m i m 1 m I m 1 1u ! I 1 ! a! P o i j P 0 1 m m P 1 d 1.0 i P! ? i 0m' ! P I? I C ! r 1 I P i i ff``ll w i c i a 1 e j < i i m i i m l m FIRST STREET LEGEND ® - SUBJECT PROPERTY AM c -kL 4V .11i - - • • • �� — 25G -3 25G -4 Exhibit 2 LOSS OF BUSINESS GOODWILL SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a public body, corporate and politic ( "Agency ") and ANTONIA GONZALEZ DBA LA ESTRELLITA ( "Tenant "). The Agency and Tenant are hereinafter sometimes referred collectively as the "Parties." RECITALS A. Tenant operates a business, commonly known as La Estrellita, and was the occupant of real property located at 208B N. Grand Avenue, Santa Ana, CA (the "Property "). B. The Property is being acquired by the Agency for the Grand Avenue Widening Project. Tenant occupied the Property at the initiation of negotiations to acquire the fee interest of the Property. C. The Parties desire to resolve all issues relating to the Agency's acquisition of the Property in accordance with the terms and conditions set forth below. D. The Parties acknowledge that the payment as set forth in Section 1(a) and other consideration given in connection with this Agreement are the result of a negotiated agreement between the parties. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The Agency shall pay to Tenant the sum of $12,962.00 (Twelve Thousand Nine Hundred and Sixty -two Dollars) (Tenant Settlement Payment) as total compensation for goodwill loss. Upon full execution of this Agreement, the Agency will begin processing a payment, payable to "La Estrellita" in the amount of $12,962.00. (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the Agency to Tenant for loss of business goodwill. (c) Tenant vacated the premises on March 22, 2013. 2. Release (a) Nothing contained herein shall constitute a release or discharge by either party for any of the undertakings of the other party to this Settlement Agreement. This Agreement shall serve as a full release and discharge by the Parties, on behalf of themselves, their agents, representatives, assigns, trustees, administrators, attorneys, heirs, relatives, spouses, ex- spouses, beneficiaries, and successors in interest, in consideration of the mutual covenants and promises contained herein, 1 of 6 25G -5 of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties' accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties "), from all rights, claims or cross - claims, demands, actions, or causes of action related to any loss of business goodwill that the Parties have now or may have against any of the Released Parties arising from the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the Agency, (2) Tenant's leasehold interest, if any, in the Property (or any portion thereof) or (3) any other right or interest Tenant may have, assert, or claim by reason of Agency's actions or failure to act. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Each party expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which the Parties understand provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. Each party acknowledges the foregoing waiver of the provisions of California Civil Code Section 1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown or unsuspected claims, demands and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demands and causes of action herein above specified. (c) Each party acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Each party agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or any party's discovery thereof. The Parties shall not be entitled to any relief in connection therewith, including, but not limited to, any damages or any right or claim to set aside or rescind this Agreement. (d) None of the Parties or their respective agents nor any related entities have made any statement or presentation to the other regarding any fact relied upon in entering into this Agreement and the Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or any party's agent or related entities in executing this Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems 2 of 6 25G -6 necessary, and has consulted with legal counsel of its own choosing concerning these matters. (e) Tenant hereby represents and warrants as of the Effective Date of this Agreement that (1) to its actual knowledge, no other entity or person has any right, title, or interest whatsoever in the released claims, and (2) that there has been no assignment, transfer, conveyance or other disposition by Tenant of any of the released claims, and that Tenant will not make any such assignment, transfer, conveyance or other disposition subsequent to the Effective Date of this Agreement. Tenant acknowledges that the Agency has relied and is relying upon such representations and warranties in entering into this Agreement. (f) Tenant will Hold Harmless and defend Agency, its employees, agents, contractors or representatives from any claims that may arise from Tenant's nondisclosure of any other interests in the Property or personal property referenced by this agreement. 3. Third Party Beneficiaries Except as explicitly set forth herein, nothing in this Agreement is intended to create any third party beneficiaries under this Agreement, and no person or entity other than Authority and Tenant shall be authorized to enforce the provisions of this Agreement. 4. Attorney's Fees In the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs and expenses incurred thereby, including, but not limited to reasonable attorney's fees and costs for services rendered to such prevailing party. 5. Indemnity Each party shall indemnify, defend and hold the other party and the Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorney's fees and /or costs resulting from the breach by such indemnifying party of any provision of this Agreement, the falsity of any representation or warranty made by the indemnifying party contained in this Agreement. 6. Entire Agreement This Agreement together contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them, concerning the subject matter of this Agreement. 7. Partial Invalidi 3 of 6 25G -7 0 In the event that any term, covenant, condition or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. Waiver and /or Modification The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the Parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. Headings The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. 10. Governing Law The rights and obligations of the Parties under this Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties. 12. Necessary Acts Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement. 13. Advice of Counsel The Parties, and each of them, acknowledge that in connection with the negotiations and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel; or, if they were not so represented, said non - representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement including but not limited to the advisability of entering into this Agreement and the meaning of California Civil Code Section 1542. 4of6 25G -8 14. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 15. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 16. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 17. Voluntary Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign the same freely and voluntarily. 18. Notices All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered personally or be sent by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: To Agency: Jason Gabriel Principal Engineer — Design Engineering City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Antonia Gonzalez 1322 N. Grand Avenue Santa Ana, CA 92701 19. Jurisdiction and Venue Any action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California court in the County of Orange, California. Each party hereto 5 of 6 25G -9 irrevocably consents to the personal jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to any other court, including, without limitation, federal court, due to any diversity of citizenship between the Parties or due to the fact that either party is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: Name Title Tax Identification No. Date CITY OF SANTA ANA Kevin O'Rourke Acting City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney Dated Dated BY: Dated Jose Sandoval Chief Assistant City Attorney 6 of 6 25G -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: AGREEMENT WITH ACIRE, INC., FOR SECURE BIKE PARKING FACILITIES PROJECT 13 -6791 CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Acire, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide design -build services for construction of secure bike parking facilities for the not -to- exceed amount of $200,622. 2. Approve a Cost Analysis for a total estimated project delivery cost of $234,275. DISCUSSION On June 21, 2010, the City Council authorized a project funding application for the Secure Bike Parking Facilities Project through the Federal Transportation Enhancement Program administered by the Orange County Transportation Authority (OCTA). On December 16, 2011, OCTA allocated $164,250 of Federal Transit Administration Section 5307 funds for this project which will provide facilities for commuters to securely lock up and safely access their bicycles in the Civic Center and Downtown areas. On December 3, 2012, the City Council approved a Cooperative Work Agreement with OCTA to proceed with the project. A Request for Proposals (RFP) was posted on the City website for a period of 15 days. One proposal was submitted and evaluated by the Public Works Agency. Review criteria included qualifications of the firm and the project team, capacity to perform the required work, review of similar installations, references, and responsiveness to the RFP. Following the proposal review, the fee schedule was examined and found to be under the project estimate. As a result, staff is recommending that the firm of Acire, Inc., be retained for the required services in the not -to- exceed amount of $200,622. The agreement will include a service component for maintenance, repair, and management of facilities for a period of one year, with option for five one -year renewals. 25H -1 Agreement with Acire, Inc., for Secure Bike Parking Facilities Project 13 -6791 June 3, 2013 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, an environmental review was conducted, resulting in Categorical Exemption No. 2010 -95 being filed for this project. In addition, a Certification of Categorical Exclusion has been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT Funds have been appropriated in the FY12/13 CIP in the Select Street Construction Account (Account 05917660- 66220), Civic Center Capital Projects Fund (Account 07413260- 66220), and Measure M2 Street Construction Fund (Account 03217662- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II , % Executive Directdf� Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, & Community Services Agency JG /SF Exhibits: 1. Project Location Map 2. Cost Analysis 3. Agreement Francisco Gutierrez Executive Director Finance & Management Services Agency 6-(/ JM 25H -2 SANTA ANA Pf' W1 u 1 PUBLIC WORKS AGENCY RFCA Exhibit (YY- NNNN).dgn 5/13/2013 3:30:36 FXHIRIT 1 Title: ACNIEEAIENT WITH ACHE NC., FOR SECURE 8KE PARKN O FACLITES PROJECT 13 -6791 25H -3 25H -4 COST ANALYSIS PROJECT NO. 13 -6791 AGREEMENT WITH ACIRE, INC. FOR SECURE BIKE PARKING FACILITIES Design /Build Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED PROJECT DELIVERY COST EXHIBIT 2 25H -5 $200,622 $8,591 $2,000 $3,000 $20,062 234 275 o SERVICES AGREEMENT SECURE BIKE SHELTER PROJECT THIS AGREEMENT, made and entered into this 3 I day of June, 2013, by and between Acire, Inc. (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of providing secure bike parking systems. 2. Contractor represents that it is able and willing to provide such services to the City. 3. In undertaking the performance of this Contract, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Contract will be performed in compliance with such standards. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide all services required to design, procure, install, maintain and manage secure bike parking facilities (hereinafter "Scope of Work "), as detailed in Contractor's Proposal dated May 1, 2013, and in compliance with all terms and conditions set forth in City's Request for Proposals (RFP) 13 -019, attached hereto as Exhibit A, and Exhibit B, respectively, and incorporated by this reference. The Parties agree that the initial installation will include one twelve bike facility, one twenty -four bike facility, and two public bike maintenance stands. Within six months the parties will agree on the site for the third system, at which time the installation schedule will be approved. Contractor shall provide a Standard site license for the BikeConnect Reservation and Management platform. Contractor shall provide video surveillance, with a 30 -day data retention period, at no additional charge to City. Contractor shall implement and manage the BikeConnect System, and shall collect reservation /subscription fees at the rates set by City for use of the City facilities. It shall be Contractor's responsibility to provide the specific services set forth in the Scope of Work. Nothing in the Contract Documents shall be construed to limit the Contractor's responsibility to manage the details and execution of its Work, it being understood that the City is relying on Contractor's experience with designing, conducting, managing and operating similar projects in other cities. The Contractor will furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the completion of the project described herein. Exhibit 3 25H -7 11. CONTRACT DOCUMENTS This Contract consists of this Agreement and Exhibits, the BikeConnect Product License, attached as Attachment 1, and the Warranty, attached as Attachment 2. 111. INTELLECTUAL PROPERTY The City requires the following regarding copyrighting and patent pending on work products pertaining to this Contract: a. Copyright: All work products of the Contractor which result from this Contract are the exclusive property of the City. If this Contract results in a copyright, the City of Santa Ana reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for governmental purposes, the work or the copyright to any work developed under this Contract and any rights of copyright to which the Contractor or its sub - vendor, purchases ownership with grant support. At termination of contract, all necessary software and firmware licenses shall be made available to the City with applicable fees. b. Patent: If this Contract results in the production of patentable items, patent rights, processes, or inventions, the Contractor or any of its sub - vendors shall immediately notify the City. The City will provide the Contractor with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. c. Contractor is responsible for providing City with any known intellectual property held by Contractor and being purchased under license agreement by City. IV. TERM The term of this contract shall commence on the date of award by City Council. The design and installation contract shall be complete upon the City's delivery to Contractor of written acceptance of the secure bike facilities, at which time the warranty period shall commence. The one -year maintenance and support period shall commence on City's delivery of written acceptance of the facilities, and may be renewed for up to five successive one -year periods. V. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. A ten percent (10 %) contingency is available, at the direction of the Executive Director of the Public Works Agency, for unanticipated costs related to the procurement and installation of the bike parking facilities. The total amount City shall pay for all services related to the design, procurement and installation of the facilities, shall not exceed $220,684.00, during the term of this Agreement. 25H -8 2. Invoices a. The contractor shall submit monthly invoices, by the tenth day of the month, to the City for the milestones completed during the preceding month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: Contractor's invoice number Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Tasks completed 3. Payment by City shall be made within thirty (30) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth above. 4. Contractor shall quarterly remit to City by the 15`h day of March, June, September and December, fees paid by subscribers for BikeConnect subscriptions /reservations during the prior quarter. Said remittance shall be accompanied by a report setting forth the subscription fee, length of subscription term and reservations by nonsubscribers. 5. Adjustments to Charges. The parties may agree to an annual CPI adjustment for the maintenance and support charges, not to exceed 5 %, at the renewal of the term, utilizing the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim - Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. VI. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. VII. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 5. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25H -10 VIII. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. IX. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by telefacsimile, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 With courtesy copy to: Public Works Agency — Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) Santa Ana, CA 92701 Fax 714 - 647 -5635 To Contractor: Acire, Inc. Derek Fretheim 211 Simplicity Irvine, CA 92620 25H -11 Fax 949 - 275 -6365 X. TERMINATION The City reserves the right to terminate the contract as follows: In the event Contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if Contractor violates any provision of this agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service as a result of Contractor's default. In the event of such termination for cause, City shall pay Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated by the City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. XI. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. XII. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current codes and requirements as adopted by Federal, State, County and City jurisdictions and as it may be amended or updated throughout the term of this contract. XIV. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, 25H -12 transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. XV. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. XVI. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this contract. XVI. PERMITS AND LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Required City Building Permits shall be at no fee to Contractor. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. XVII. PROGRAM FRAUD AND FALSE AND FRAUDULENT STATEMENTS AND RELATED ACTS. A. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this project. Accordingly, by signing this Agreement, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Agreement of the FTA assisted project for which this Agreement's work is being performed. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. B. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under an agreement connected with a project that is financed in whole or part with Federal assistance awarded by FTA under the 25H -13 authority of 49 U.S.C. §5307 et seq., the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n) (1) et seq. on the Contractor, to the extent the Federal Government deems appropriate. XVIII. CIVIL RIGHTS ASSURANCE During the performance of this Agreement, Contractor, for itself, its assignees and successors in interest agree as follows: A. Compliance with Regulations: Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination: Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the City as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with nondiscrimination provisions of this Agreement, the City shall impose Agreement sanctions as it may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the Agreement until the Contractor complies; and /or 2. Cancellation, termination, or suspension of the Agreement,-in whole or in part. F. Title VI of the Civil Rights Act. In determining the types of property or services to acquire, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance in violation of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et seq. and DOT regulations, "Nondiscrimination in Federally Assisted Programs of the 25H -14 Department of- Transportation— Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR Part 21. In addition, FTA Circular 4702.1, "Title VI and Title VI- Dependent Guidelines for FTA Recipients," 05- 13 -07, provides FTA guidance and instructions for implementing DOT's Title VI regulations. G. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, as well as imposes specific requirements on public and private providers of transportation. XVI. ACCESS TO RECORDS AND REPORTS Contractor shall provide City, the Orange County Transportation Authority (OCTA), the U.S. Department of Transportation (DOT), the Comptroller General of the United States, or other agents of City, such access to Contractor's accounting books, records, payroll documents and facilities of the Contractor which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. Contractor shall maintain such books, records; data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during Contractor's performance hereunder and for a period of four (4) years from the date of final payment by City. City's right to audit books and records directly related to this Agreement shall also extend to all first -tier subcontractors identified in this Agreement. Contractor shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. XVII. FEDERAL FUNDING REQUIREMENTS a. CLEAN WATER REQUIREMENTS. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor shall report each violation to City and understands and agrees that the City will in turn, report each violation as required to assure notification to FTA and appropriate EPA Regional Office. Contractor agrees to include this requirement in all of its subcontracts. b. CLEAN AIR. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. Contractor shall report each violation to City, which will in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Contractor agrees to include this requirement in all of its subcontracts. c. BUY AMERICA. 1. CONTRACTOR is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a) and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing 25H -15 processes for steel and iron materials furnished for incorporation into the work on this Project shall occur in the United States; with the exception that pig iron and processed, pellitized and reduced iron ore manufactured outside of the United States may be used in domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. 2. A Certificate of Compliance, conforming to the provisions of this Article shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions listed herein. 3. The requirements imposed by law and regulations do not prevent a minimal use of foreign steel and iron materials of the total combined cost of the materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. Contractor shall furnish the City acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials in the work. d. RECYCLED PRODUCTS. Contractor shall comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in subpart B of 40 CFR Part 247. Contractor agrees to include this requirement in all of its subcontracts. e. PRIVACY ACT. Contractor shall comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §552a. Among other things, Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Agreement. FLY AMERICA REQUIREMENTS. Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and sub - recipient of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government - financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or 25H -16 memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. g. TRANSPORTATION OF EQUIPMENT, MATERIALS OR COMMODITIES BY OCEAN VESSEL. 1. Contractor shall utilize privately owned United States -flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, materials or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 2. Contractor shall furnish within twenty (20) working days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of loading for shipping originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of lading in English for each shipment of cargo described in paragraph 1 of this Article to City and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, marked with appropriate identification of the project. h. INCORPORATION OF FTA TERMS. All contractual provisions required by Department of Transportation (DOT), whether or not expressly set forth in this document, as set forth in Federal Transit Administration (FTA) Circular 4220.1 F, as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the FTA terms and conditions. XVIII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 25H -17 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez II, P.E. Executive Director Public Works Agency CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager ACIRE, INC. DEREK M. FRETHEIM President aci re f ncorporatecl 211 Simplicity Irvine, CA 92626 city of Santa Ana 949- 275 -6365 www.acireinccom Secure Bike Parking Facilities RFP #13 -019 25H -19 Introduction Acire is pleased to present its qualifications, experience and secure bike parking products for the City of Santa Ana's consideration. Acire has partnered with Tolar Manufacturing for this opportunity. Acire's response includes solutions for 12 and 24 secure bike parking facilities, summary of pricing in an a -la- cart fashion, implementation plan with schedule and deliverables and summary of BikeConnect's software and services. Qualifications and Related Experience Acire's project team has a deep history in providing products and services to cities, regional planning organizations, transportation management associations and others who are charged with promoting sustainable transportation and alternatives to driving alone. In addition, Acire's project team consists of leaders who have demonstrated to deliver real and quantifiable transportation services. Acire provides products, strategies, tools and solutions that empower organizations and businesses operating in the public and non - profit sectors to operate more efficiently, communicate more effectively, and connect with their communities. We develop community -based transportation programs and services ranging from bike parking, bike sharing, car share, vanpool and other services. Acire pioneered the development of Mobility Hubs. A Mobility Hub provides first /last mile solutions for transit centers and stations. Acire partners with clients — we help organizations manage the process of integrating processes and leveraging their assets to realize the full potential of their organization's mission. Through our three primary service lines, we service, supply and support organizations ranging from government agencies to educational institutions, civic organizations and private industry doing business in the public sector. Acire's core services include: Community -based transportation services Technology solutions and communication services to support transportation initiatives Strategic and project management consulting In 2010, Acire was approached by the Los Angeles Metropolitan Transportation Authority to design a more cost effective solution to bike lockers. Acire conceived a modular system that would fit within a standard parking stall. In searching for manufacturing partners, Acire found Tolar Manufacturing, a transit shelter and street furniture manufacturer. Within a few months, a manufacturing partnership was developed. Tolar Manufacturing has been providing communities across America best -in -class bus shelters, street furniture and display structures. Tolar transit shelters and street furniture deliver the style, value and durability needed for public environments. Tolar Manufacturing has a creative design process, provide rigorous materials specifications and world -class manufacturing standards. Acire and Tolar developed a series of bike parking systems it co- markets under the BikeConnect brand. THE DESIGN PROCESS: Beautiful designs add to the aesthetics of the community and significantly enhance the streetscape. But style must be backed by substance, and Tolar in -house engineering department, using the latest design and fabrication software, is supplemented by engineers on retainer ad r(2, inc i 25H -20 who are licensed in all 50 States, Territories and many Canadian Provinces using the latest design software. That assures that every bike parking structure is in compliance with local building codes. MATERIAL SPECIFICATIONS: The metals used in crafting our bike shelters, kiosks and other structures are specifically sourced for optimal strength during cutting, bending, drilling and welding. We invest in quality, because we know it takes the best to make the best. MANUFACTURING STANDARDS: Our products are fabricated in southern California by a team of experienced craftsmen to best -in- category levels of durability and structural integrity. Our powder coating process withstands high - pressure cleaning, graffiti removal solvents and the long -term impact of salt, sun and climate extremes. CUSTOM CAPABILITY: For structures installed in public spaces, style matters. Don't settle for generic designs —not when you can opt for a look that's unique to your project, your constituency and your community. With our state of the art engineering software, wide- ranging choices, your shelters and outdoor structures can deliver sizzle and substance. SUSTAINABILITY: Encouraging sustainability is now a critical business mandate and attractive bike parking facilities and shelters encourage mass transit utilization, an environmental positive. We offer shelters and benches made with recycled materials, a powder -coat process that produces no VOCs (volatile organic compounds) and LED lighting options powered by low -draw 110 -volt or solar. Acire Organization Acire, Inc is a privately held California C- Corporation established in 2007. Acire's origins stem from a culmination of needs communicated from Municipal- oriented governments who desired focused energy with technology and transportation- related projects. Mr. Derek Fretheim is the company founder and organized the company utilizing his combined years of transportation management, technology, non- profit and community - relations experience. Acire's principle offices are located in Orange County, California BikeConnect BikeConnect origins stem from a culmination of needs communicated from municipal- oriented governments and college campuses that are grappling with ways to manage secure bike parking facilities, consolidate their bicycle programs and manage their bike assets. BikeConnect does this and more. BikeConnect is a centralized secure bike parking management and administration system that takes the headache out of bike program management and reporting. Whether an organization is managing a network of secure parking systems or needs to collect data on subscriber's access habits, BikeConnect software and services helps manage secure bike parking networks and provide tools that help cities promote, administer, and measure the impacts of bike programs and initiatives. We offer modular secure parking systems supported by a web -based software platform which means our client can use it wherever they have Internet access; at work, at home, or via your mobile phone. There are no CD's to install, download of any software, or worry about perpetual upgrades. a c i re, inc 25H -21 BikeConnect Objective Provide a robust set of bike parking facilities, software, services and related products that support networked bike facilities and operations which result in greater mobility options and greater efficiency in reporting carbon and other emission reductions. Acire's Partial Government and Non Profit Transportation Client List Metro, Los Angeles SCAG Norwalk Transit Santa Barbara MTD San Jose Department of Transportation LBA2TRA Burbank City Centre TMA VTA Santa Clara County City of Glendale City of Torrance Mineta San Jose International Airport City of Costa Mesa Long Beach Airport Long Beach Energy Long Beach Police Department Long Beach City Auditor LA County Supervisor Don Knabe OCTA SCAQM D Metro New York, Long Island Bus Foothill Transit Caltrans West Hollywood TMO Torrance Transit City of West Hollywood City of Compton City of Long Beach City of West Covina Long Beach Police Officers Association Long Beach Water Long Beach Fire Department Long Beach Parks and Recreation Long Beach Youth Services Network Los Angeles County Office of Small Business Tolar Manufacturing has provided bike centers, transit shelters, outdoor furniture and other related products to over 500 cities, transit and other municipal agencies, including the City of Santa Ana. References for both companies are provided in the exhibits. aci rcf inc 25H -22 The Acire — BikeConnect Team Mr. Derek Fretheim will serve as principal -in- charge and project manager for this project. Below is the organizational chart for Acire's Team. Derek Fretheim Principal -in- charge; Project Manager Veronica Williams Kerry Berlin Technology Lead Tolar, Project Manager Construction Services To be bid a h2, i h e Tolar Manufacturing Patrick Merrick VP; Principal -in- charge 25H -23 Eli Meza Engineering, Lead Engineering Review Tolar Gabriel Guzman Production, Lead Installation Services Tolar Acire — BikeConnect Team Derek M. Fretheim, President Mr. Fretheim has been providing technology solutions and business processes to the transportation industry since 1990. He has the unique ability to comprehend complex business needs and develop technology solutions to resolve business processes. In doing so, he has pioneered a number of firsts in both the self service kiosk and transportation industries. In addition, Mr. Fretheim is quite versed with transportation funding and the political aspects of securing grant revenue having secured more than $115 million for a variety of transportation - related projects. Community Bike Products — Mr. Fretheim has developed a number of bike products and programs. Aside from developing BikeConnect's product line and web -based architecture, Mr. Fretheim designed a self - service bike share system for Bike Nation. This work includes designing Bike Nation's kiosk, bike dock, web site and kiosk operating system. Mr. Fretheim also developed bike programs for the City of Los Angeles, Long Beach, Pasadena, Metro, OCTA and Glendale. Self Service Kiosks — Mr. Fretheim has designed and engineered over 50 different self- service kiosks for clients such as NBC International, NIKE, Coca Cola, Kaiser Permanente, SONY, Verizon Wireless, and ATT. Mr. Fretheim has won three awards for best kiosk enclosure design from the Self- Service Industry Association. He has also developed a number of business specific kiosk applications including three different digital photo systems for SONY, AAFES and SMO. Mr. Fretheim has developed over 500 different kiosk applications. Software Experience — Mr. Fretheim has served as chief architect developing information kiosk software, Ridematching Software Programs, Commute Tracking Systems, Advanced Traveler Information Systems and Transit Wayfinding Systems. Mr. Fretheim has developed six commercially available software programs. Mr. Fretheim designed, developed and maintains a kiosk operating system purpose built for unattended self - service systems. Veronica Williams, Lead Technology Developer Ms. Williams will serve as lead technology developer for Acire on this project. Ms. Williams has a unique skill set being both a seasoned programmer and graphic artist. She is proficient with ASP, JavaScript, DHTML, HTML, VBScript, Visual Basic, C + +, Perl and with databases: MS SQL, MySQL, MS Access. Veronica has mastered graphic development programs such as Adobe PhotoShop, Illustrator, Flash and DreamWeaver. Veronica has worked to develop and manage interactive web applications, websites and database applications for various corporations and organizations. Ms. Williams produces all aspects of development — from the conceptual and user interface designs to development of front and back -end applications. Ms. Williams' work includes projects for global corporations, community agencies, government and transportation agencies, cities, health -care and private and public companies. Ms. Williams has developed over 150 kiosk applications and has worked with acire staff for the past ten years. Patrick Merrick, Executive Vice - President, Tolar Principal -in- charge Patrick joined Tolar Manufacturing in 2001, bringing with him a diverse resume that included four years' experience in public transportation in marketing and passenger amenities, a stint with non - profit organizations that deal with public agencies and 15 years in retail management. As a direct report to the company president, Patrick is responsible for Tolar's sales, marketing, customer service and product aci r(2, i r)c 25H -24 development functions. His primary focus is serving both clients and prospective customers by listening to their needs and communicating their visions in a clear manner across other company departments. Kerry Berlin, Manager- Displays, Technology and Sustainable Initiatives, Tolar Project Manager Kerry Berlin joined Tolar in June of 2007 to launch the company's new Displays and Directories Division. He is an experienced professional with 20 years' experience in sales and sales management, including nine years in the advertising and manufacturing industries related to displays and directories and three years as regional sales manager with a leading international outdoor advertising firm. Kerry is tasked with business development and product development to meet the demands of the retail and public venue markets. In addition Kerry leads the sustainable initiative team at Tolar Manufacturing with responsibility for identifying reliable LED lamping, alternative power supply and recycled or recyclable materials used in the manufacturing process. Eli Meza, Engineering Manager Eli has a wealth of knowledge and experience in engineering, systems and design. An AutoCAD user since high school, he joined Team Tolar is 2007 as the lead designer and has grown his resume while responsible for the design and development of many distinctive street furniture projects. in the fall of 2012 that experience, including his unique ability to mentor and grow the engineering team, led to his promotion to engineering manager. Eli's experience, in addition to being an award winning transit shelter designer (Auto Desk IOM 2012) includes 15 years in the automotive industry in the area of aftermarket accessories. Being able to design a product and follow it through design, fabrication and installation gives me a great deal of pride. Eli leads a six - person engineering and design team, this team is responsible for product integrity creating work orders based on customer specifications as well as research and development. The engineering team, in support of the company president, also manages the quality control process at Tolar Manufacturing. They also support the sales, operations and purchasing departments. Gabriel Guzman, Production and Inventory Control Manager Gabriel joined the Tolar team in 2001 on the production floor and has continually progressed with the organization. With a can -do attitude and a commitment to delivering to our customers a quality product on a timely basis, Gabriel is responsible for production planning and inventory control. He leads a team that is responsible to ensure that our craftsmen have the tools and material they need to fabricate a quality product for our customers and their respective stakeholders. aci re, inc 25H -25 BikeConnect Products BikeConnect products are stand alone secure bike parking facility offering sheltered and safe access for cyclists. The Bike Hut System is completely modular and manufactured from aluminum with options that include wireless communication, solar power, security lighting and video surveillance. Access to the structure is controlled via Acire's BikeConnect software service. The Bike Hut is modular and additional four foot (4') panels can be added to increase the Bike Hut size and bicycle parking capacity. Below are BikeConnect's Secure Bike Parking structures. Model: BC- 201 — Secure modular bike parking structure to support 12 bikes. 3/8" CLEAR TEMPERED SAFETY GLASS 16.11' O/A LENGTH - - r►- W-8" O/A WIDTH l i V S C L IY L� � Y F� 3/8" CLEAR TEMPERED SAFETY GLASS 42" SECURE LOCKING STEEL AND GLASS DOOR, PUSH PLATE AND PULL HANDLE, DOOR CLOSER LCN (HYDRALUC) WIRED WITH ALARM & SECURE ACCESS. FLOOR PLAN a c i re, inc 25H -26 (12) 14' WIDE X 45' DEEP INDMDUAL BIKE STALLS (STAGGERED RACKS) RFID READER Model: BC -202 — Secure modular bike parking structure to support 12 bikes. SOLAR WIRELESS COMMUNICATIC VERTICAL BIKE SYSTEM 318' aEAR TEMPERED SAFETY GLASS FRONT VIEW aci re, inc �y7 O to e+ LE.D. SECURITY - LOUVERED LIGHTING END PANEL VIDEO CAMERA -� GRAFFITI RESISTANT FINISH ADVERTISING PANEL (OPTIONAL) i RFID READER INTERIOR PANIC BAR 42' SECURE LOOCING STEEL AND GLASS DOOR, PUSH PLATE AND PULL HANDLE, DOOR CLOSER LCN (HYDRAULIC) WIRED WITH ALARM 6 SECURE ACCESS. ��(D74kyj(4'TT� 25H -27 Model: BC- 300 — Secure modular bike parking structure to support 24 bikes. 16-0" _ L • I ! � 1 ADVERTISING PANEL (OPTIONAL) aci re, inc WMEIKOO� 3/8" CLEAR TEMPERED ' 3/8" CLEAR TEMPERED SAFETY GLASS SAFETY GLASS • 42' SECURE LOCKING STEEL AND RFID READER f--IT— f--IT— • — —_ - :� '� —— T T — T -1 O. GLASS DOOR, PUSH PLATE AND PULL HANDLE, DOOR CLOSER LCN (HYDRAULIC) I I I ( WIRED WITH ALARM & SECURE ACCESS. ( VERTICAL ' BIKE SYSTEM 3' -0" .MIN, WALKWAY SPACE 14 TYP. SPACING ' f-- T- T- T- T- T- T- T- TTT- T -T--1 • tn tn 1h I ( I I (24) 14' WIDE X 45" DEEP INDIVIDUAL BIKE STALLS (STAGGERED RAM ) L - —���. 1 —�L— - -- FLOOR PLAN aci re, inc WMEIKOO� Public Bike Maintenance Stand: Model BC -D102. The Public Bike Maintenance Stand includes all the tools necessary to perform basic repairs and maintenance, from changing a flat to adjusting brakes and gears. The tools and air pump are securely attached to the stand with stainless steel cables and tamper- resistant fasteners. Hanging the bike from the bike hanger arms allows the pedals and wheels to spin freely while making adjustments. The Stand includes: bike vice arms to suspend and secure bike, tamper resistant bike pump, tamper resistant tools (screw driver, fixed wrenches, alien key). ad ref inc 25H -29 c j BikeConnect Software BikeConnect offers two platforms for managing secure bike parking systems. Both platforms are operated as a software as a service (SaaS) and include web hosting and semi - custom community based URL. Below is a summary of the Standard and Platinum platform features. Functional Description Standard Platinum Subscriber Management and Database ✓ ✓ Access Control via key card ✓ ✓ Access Management control interface ✓ ✓ Customized Community Bike Portal ✓ ✓ Secure User Login with Dashboard ✓ ✓ Dynamic Route Planning via Google ✓ ✓ Bike Buddy Interface ✓ ✓ Administrator System ✓ ✓ Message Center ✓ ✓ Content Management System ✓ ✓ Program Reporting (standard queries) ✓ ✓ Reservation System ✓ Payment Gateway with SSL certificate ✓ Shopping Cart ✓ Access Control API ✓ Real time XML Data fee ✓ Video Surveillance ✓ Access Control via mobile phone ✓ Subscriber Management - Manage subscribers, contacts and touch points. Manage all attributes of a customer as a first -class entity, and coordinate how your customer interacts with products or services based on the customer's personal information and profile, including products, services and equipment installed. Subscriber Management functionality allows you to track any type of subscriber data and manage an efficient workflow throughout the subscription lifecycle. Some of the features and benefits of BikeConnect's subscriber management solution include: ad e_, the • Track all demographic data, company and individual relationships, unlimited subscriptions and subscription types, job functions and infinite linking of subsidiaries. • Sophisticated contact management capabilities with follow -up time /location. • Unlimited number of addresses /phone numbers, emails and alternate contact methods. • Hierarchy for tracking company and subsidiary relationships • Subscription application tracking and workflow routing • Tracking and use of preferred communication methods ensure seamless delivery of information based on individual preferences. • Fee processing and renewal. • Message management system with the ability to dynamically create and define business rules for subscriber instances. Access Control - Manage systems and user access to secure bike parking, bike lockers and other facilities all in one simple to use platform. When it comes to access control security in at your bike facilities, we understand that you need to ensure that no corners are cut. As a serious business entity, you can afford nothing less than the best when it comes to providing security for your subscribers, assets, and business intelligence. That is precisely what BikeConnect access control systems provides. The creative and unique designs we provide are either built from the ground -up or may be integrated with existing systems for the highest efficiency possible. Our access control solutions are designed to integrate with your IP network in a seamless and secure way and support real time monitoring (SNMP) so that you will always be able to monitor the security of your facilities. Our access control systems technology integrates into the BikeConnect platform seamlessly. The integration is meant to handle minimum to high- security needs. Integration includes: • Transmitters for doors and gates • Magnetic locks • Keypad controls • Card readers • Closed circuit television • Mobile phone entry systems Bike Asset Management - Help riders visualize their trip planning and the community bicycle infrastructure by displaying routes, bike racks, secure parking and more all on a single map. BikeConnect's bike asset management system creates an ecosystem that allows for a seamless user experience. BikeConnect is the most reliable, scalable and comprehensive bike asset management solution in the market. Improve operations, asset utilization and bike usage with a GIS interface that scales to all sizes. Give your bike program the right tools to be successful with GIS across the enterprise, with flexible APIs and GIS interface options. The Bike Connect System includes: • Fast and powerful mapping engine adre, the 25H -31 • GIS Overlays • Asset description with dynamic geocoding • API integration • Route optimization • Backend utility for easily adding new assets and bike routes to the system With dynamic bike routing, BikeConnect eliminates the costly expense of generating bike route maps that become out dated the day they are printed. Dynamic Bike Maps - Provide users with the ability to create, store and share personalized bike maps for their rides. With dynamic bike routing, BikeConnect eliminates the costly expense of generating bike route maps that become out dated the day they are printed. GIS technology has become an essential planning and decision making tool for any industry that utilizes geographic data. BikeConnect provides Geographic Information Systems (GIS) mapping systems that allow you and the general public to pin point bike assets and infrastructure. Our capabilities extend to any GIS application that requires data collection and conversion, database creation, mapping and custom interface design and development. We have extensive experience working with various datasets, so we can ensure that your web map will display the bike data you want, when you need it. Our web based mapping solutions are: • Focused on functionality and accessibility, putting the data you need right at your fingertips. • Tailored to your organizations current and future requirements. • Easy to manage without needing the ability to interpret spatial and GIS data. Best yet, BikeConnect is utilizing Google's API. This means no need for you to purchase $100,000 GIS software, data sets, algorithms, mapping engines or RAID servers. Reservation System - Comprehensive online reservation system, offers accommodation for the ability to accept online reservations and easily manage inventory in real -time. Subscribers and users are able to reserve bikes, a space and /or locker, complete and confirm a booking online instantly. BikeConnect gets your reservation system up and running quickly. • Setup and integration is taken care of BikeConnect's personnel • Software resides on BikeConnect's secure servers for credit card acceptance and data storage • Reservation system automatically verifies subscriber and allocates resources. BikeConnect's reservation system includes the following features: ad re, inc 25H -32 Snapshot of Current Availability Custom Auto Email -Reply to Customer View Current Reservations Custom Policies and Procedures Manually Book, Edit or Cancel Email Notification of Online Reservations Reservations Product Manager Securely Capture Credit Card Numbers Inventory Manager Custom Receipt Templates for Customers Rate Manager Custom Auto Email -Reply to Customer Seasonal Rate Manager Export Reports to Excel Business rules can be developed to better manage demand and Custom Labeling load balancing Program Tracking - Track, measure and report trip and emission reductions in a centralized system. Commute Tracker provides a way for you to centrally manage commuters and track their trips. We track all forms of transportation - carpool, transit, train, bicycle, walking and telecommuting. Check out your Commute Tracker calendar to report the days you use one of those modes or alternate work arrangements. Commute Tracker also individuals to track cost savings, see mode splits, vehicle miles traveled and emissions reductions. Our Commute Tracker makes the collection of daily commuter information easy for your users, which means more frequent and more meaningful data to support your program. Our Commute Tracker can be configured with the exact modes you want. By example, you can choose a 5 or 7 day per week layout, or have users report once or twice per day. It's flexible to meet your needs. On the backend, our Commute Tracker allows you to run reports to analyze commute trends, view mode split, and manage incentive and subsidies BikeConnect's online impact reports are easy to run and provide a host of commute data and information. Standard reports include: • Trips reduced • VMT reduced • Gas saved • Cost savings • Emission reductions In calculating commuter reports, we use localized, user specific data for our calculations. We use local gas prices (as published by AAA) by zip code on a regular basis and use the EPA's vehicle emissions standards API, which includes vehicle mileage estimates for the make, model, and year of the vehicle each user would normally drive if they were not using some alternative mode of transportation. ache, Inc 25H -33 Implementation Plan Acire believes that a collaborative process with the City will maximize success of the project, ensure the deliverables meet the needs of the project and produce actionable results from which to move forward. Before Acire begins any development work, the team will meet with City Staff to discuss and review the entire project, overall City objectives and confirm the schedule. This kickoff meeting will further refine the project's objectives and develop updates and reporting schedules so the group can evaluate the progress and development phases. From this meeting, Acire seeks to acquire a complete understanding of the City's permit process, construction needs and related project requirements. Site Review, Assessment and Documentation Acire will meet with City staff at the proposed locations and conduct a thorough site review. The review will include documenting the following: • Digitally documenting the physical site location and surrounding area • Assess solar collection for each site • Determine footprint and concrete pad orientation • Notate and catalogue utilities • Review general safety elements From the review, individual site plans will be created. The site plan will be utilized for the permitting process. Project Management Acire has managed numerous projects for federal, state, regional, county and local governments. We understand the need to provide solid reporting and use best industry practices to manage projects. Because each client may have different agency requirements, Acire provides its clients with reporting samples as part of the initial start -up process. This ensures the report process and format is provided in an approved method. We use standard Microsoft software products such as MS Project, MS Word and MS Excel for reporting. Monthly progress reports will include a narrative of work performed, status on milestones, copies of work product, individual signed time sheets for each staff member, invoice separated per task and a updated project budget and scope of work (if necessary). The narrative report will summarize the work performed, detail work performed per task, define any challenges or obstacles with corrective measures as necessary, and identify those tasks to perform for the upcoming month. The report will be submitted on our before the loth of every month until project completion. aci re, Inc 25H -34 Work Timeline Below is Acire's estimated timeline for this project. ITEM DESCRIPTION PROJECT ADMINISTRATION START DATE • • DATE MILESTONE 1 Initial Project Meeting Week 1 2 Site review and site planning Week 2 Week 4 3 City Place Bike Parking Facility Order Week 4 Week 4 3 1 Permit Package Preparation Week 4 Week 10 4 Project Management Week 1 Ongoing DESIGN, ENGINEERING AND CONSTRUCTION Phase 1 1 1 Design and Engineering Week 4 Week 14 2 City to Review /Approve Engineering Package Week 14 Week 16 3 Construction Bidding Week 14 Week 16 4 Bid Award Week 16 Week 16 5 Site Construction Week 17 Week 22 6 Construction Completed Week 23 Week 23 INSTALLATION Phase 2 1 Site Preparation Week 24 Week 26 2 Installation Bike Parking Systems Week 27 Week 27 3 Beta Testing — RFID, Camera, Software Week 27 Week 29 4 System Open for Public Use Week 30 Week 30 Notes: Schedule presented is based on City permit approval process being fast tracked and no weather related delays for concrete foundation work. A final schedule will be confirmed after the initial meeting with City staff and review of the required permit process. ad re, inc 25H -35 Cost Proposal Below is Acire's cost proposal. ITEM DESCRIPTION EQUIPMENT PRICE QUANTITY PRICE 1 Model: BC -202 -12 bike secure parking system. Includes glass panels, access control system, security camera, wireless communications, one security door and solar system. $25,500 2 $51,000 2 Model: BC -300 - 24 bike secure parking system. Includes glass panels, access control system, security camera, two security doors, wireless communications and solar system. $44,500 1 $44,500 3 Partition wall for BC -300 $2,200 1 $2,200 4 Model: BC -D102 - Public Bike Maintenance Stand $1,300 3 $3,900 TOTAL EQUIPMENT $101,600 Tax $9,144 SERVICES 1 Stamped /Certified Engineering Documentation $1,200 1 3 $3,600 2 Site preparation and permitting $8,000 1 $8,000 3 Structure installation - BC202 $1,800 2 $3,600 4 Structure installation - BC300 $3,600 1 $3,600 5 Construction - Concrete pad prep forming and installation $6,446 3 $19,338 6 Shipping of structures $800 3 $2,400 7 Installation of bike stand $300 3 $900 8 Project Management $100 60 Hours $6,000 TOTAL SERVICES $47,438 SUPPORT SYSTEM One time Cost 1 BikeConnect Reservation and Management Platform - Version 2.1 $10,740 1 $10,740 ANNUAL MAINTENANCE AND SUPPORT SERVICES 1 Custodial, cleaning and maintenance services $12,500 Annual $12,500 2 Web support $9,600 Annual $9,600 3 800 Customer Support $9,600 Annual $9,600 Note: the construction and site preparation quotation assumes each site is free from utility, water or sewer relocation and DOES NOT include any demolition work. Costs will increase if any of the proposed locations requires work not quoted. aci rc' inc 0Silo EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on scope of services as described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. LINE I DESCRIPTION m QUANTITY' UNIT EXTENDED TOTAL PRICE 1 12 -Bike Secure Parking System, Including tax, 2 EA )03 �`� O c, 0 shipping, engineering , . 2 24 -Bike Secure Parking System including tax, shipping, engineering 1 EA 3 Bike Stand, Including tax, shipping 3 EA �v Site -work (each location), 4 Including new concrete pad, 3 EA 00 hardware, installation of units 5 1 -year Service Agreement 1 LS ( oo p w b Reservation and Management 1 LS ( ©r �O' C70 Software Platform kly . 11Cor oy LEGAL NAME OF COMP/ 11- tCt BUSINESS ADDR S -Lv to . Jreffw, )at,\ TE M AUTHORIZED AGENT A SIGN U E OF OR1; AGENT OATE 01+7- r AND FAX NUMBERS b r TITLE 4 (Y-e o k QCirec \Kc.evU1 E -MAIL ADDR 1�0 - �V90 7-3-11 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 20 25H -37 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: TAA iT 1 Address: S � S f l o w e S'+y-e- Contract Amount: I 90-S Iw [(►aq Description o l f supplies, equipment, or services provided: n o W 1 I I k P �l vl -1_"A . -H a;6, ,--o Reference Customer Name: IJ 1 [� e Address: iS % u-r MOO tz T V.�) T�- Contract Amount: I , 000 Description of supplies, equipment, or services provided: 1;10 -v.o �, i o $ iL - FG. r V Reference (�� Customer Name: � 1 1��-i�WA A(U l�S i QVIG /11 Address: HCO'�eW%v A�y 1 (o Il �G,S�� ��•LCt Contract Amount: (�, O Jv Contact Individual: ow mosr4tvt _ Phone Number: Facsimile Number: -94b � b V; i q U 3 Year: )�V°q - LL U,4 Contact Individual: Phone Number: $ 00 Facsimile Number: ?(4-2.x`1- 41,6 &c& Year: ;-L-b aty - S nT �ujc - Contact Individual: 1 v VA �A I �tAA e tJ Ali Phone Number: �0� �J 00 9 - 5)``� (2 Facsimile Number: Year: �L) ('I ` Lk vU -e- h Description of supplies, equipment, or services provided: V' Vrr� 11rC� h�S't { V-1 o /�- 3 -* 9414 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 21 25H -38 io (a- k- � eA11k_CD_/L_ EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference e h r �1 Customer Name: SA N DAG Address: Contract Amount: �� r G by Description of supplies,` equipment, or services provided: Reference Customer Name: S O L y( Y1 pk i 0 j�, A Address: � 0 �- Ra I bA `)T�(t✓' ? 4 1( 00 V1 L' `I h Vt Gi. C b[4 +S io �t-- Contract Amount: � iq , S U c�> Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Wm)-Is W A V Phone Number: � 11 — �L; S_ - 23 S Co Facsimile Number: 6101 - 011 1 - I� U Year: Contact Individual: 4e�In V L44 ` 0L'i Phone Number: � G b -;; — 7 6 3 Facsimile Number: Year: ao l Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 21 25H -39 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR _ SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of thl0 PCD Firm Sign( Title C t- lU�t Mr-IN I Date Gtit/� 3 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 22 25H -40 IM EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the City of Santa Ana RFP 13 -019 Page 23 25H -41 administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and a ntractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm AC l fe Signed and Printed Name: Title T ( 0 Date gkU j THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 24 25H -42 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non Ilusion affid vit is part of the proposal. Signing this proposal on the signature portion thereof shal so c titute signat4te qf this noncollusion affidavit. Proposers are cautioned that making a false certi 'cation mcV subject the erttiier to criminal prosecution. Sig State of California, County of Subscri ed and sworn to (or affirmed) before me on this I syday of ✓ 20 13, by proved to me on the basis of satisfactory evidence to be the personw who appeared before me. DUANE J. LEE +" Comm. # 1873232 rn f.r,.....1 NOTARY PUBLIC - CALIFORNIA N ORANGE COUNTY -' Mr CoMU. ExP. DEC14, 2013 Notary Public Sig re Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 11111 /Ii�il11i /�IAfOw�l�r- ��� //I� - - �/�1��� \� ■ /rIYYll�rlY�/I/rrll�rr /I- rY/�I� City of Santa Ana RFP 13 -019 Page 25 25H -43 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company I (A. This endorsement modifies such insurance as is afforded by the provisions of Policy # l 1 O�3( 0c relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective �l-t ` (O W l I- , this endorsement form as a part of Policy # L Issued to +`re- r OVI,43 Countersigned by Insured d Representative �� � I s c u---8 c THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 26 25H -44 The BIDDER subcontractor EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION KC (VQ ■ MI , has not _, participated in a previous contract or ,proposed hereby certifies that he )(has subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 27 25H -45 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; 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 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Name of BID CDER, 46�iv- Signatur o B Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. F City of Santa Ana RFP 13 -019 Page 28 25H -46 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, 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 influence or attempting to influence an officer or employee of Congress, or an employee of 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 appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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 of Lobbying Activities," in accordance with its instructions. 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. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall ire-tha t e- language of this certification be included in all lower tier subcontracts, which exceed $100,000 that alAych sub- reci'p(nt§ -shall certify and disclose accordingly. BIDDER'S Finn THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 29 25H -47 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Aareement RFP #13 -019 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that the BIDDER has _ , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitut�igure of this Statement. BIDDERS are cautioned that making a false certification may Signed Title Y ►-t!�` Firm An'l V— Date S /( /I THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 30 25H -48 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety io . Yes No If the answer is yes, explain the circumstances in the following space. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 31 25H -49 EXHIBIT M CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13 -019 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final un- appealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title��5 Finn AC11 'rev . T c Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 32 25H -50 system -- managing all your bike programs, assets and users in a centralized system bike f1 C Bike Asset Management Help riders visualize their trip planning and the community bicycle infrastructure by displaying routes, bike racks, secure parking and more... all on a single reap. BikeConnect's bike asset management system creates an ecosystem that allows for a seamless user experience. BikeConnect is the most reliable, scalable and comprehensive bike asset management solution on the market. Improve operations, asset utilization and bike usage with a GIS interface that scales to all sizes. Give your bike program the right tools to be successful. Dynamic Bike Mapping Provide users with the ability to create, store and share personalized bike maps for their rides. With dynamic bike routing, BikeConnect eliminates the costly expense of generating bike route maps that become out dated the day they are printed. GIS technology has become an essential planning and decision making tool for any industry that utilizes geographic data. BikeConnect provides users with the ability to create and share commute and personal bike routes. (5- Program Tracking Track, measure and report trip; and emission reductions; and program participation in a centralized system. Commute Tracker provides a way for you to centrally manage commuters and track their trips. We track all forms of transportation - carpool, transit, train, bicycle, walking and telecommuting. Check out your Commute Tracker calendar to report the days you use one of those modes or alternate work arrangements. Commute Tracker also provides individuals the ability to track cost savings, see mode splits, vehicle miles traveled and emissions reductions. 1� ;i BikeConnect Product License The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. DMF Holdings, providing exclusive license rights to Acire, Inc. /BikeConnect, owns the title, copyright and other intellectual property rights in The Product. The Product is licensed, not sold. DEFINITIONS. a. "Application Programming Interface" or "API" means a publicly accessible interface defining the ways by which an application program may request services from libraries and /or software. b. "Software as a Service" or "SaaS" means a model of software deployment whereby a provider licenses an application to customers for use as a service on demand. c. "Derived Works" means works based upon or using the Product. d. "License" means use of the Product. e. "Subscription" means access to Software Updates. 2. GRANT OF LICENSE. DMF Holdings grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA: a. General Software License Grant. DMF Holdings grants use of the Product according to one of the license types below as identified in the Product title. i. Reseller License. A Reseller license licenses the ability to resell the SaaS as a complimentary service or program to licensee's clients and customers. This form of license provides the reseller with discounted site license pricing. Resellers be provided with pricing schema defined in BikeConnect's pricing progam. This form of license is offered through the ASP or Enterprise program. ii. Site License. A Site license is based on a single site or program where one URL is being utilized. By example, a City or University with is considered one "site" but may possess multiple BikeConnect bike parking systems. This form of license is only offered as an ASP program. b. Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed externally. c. Disassembly. You may not reverse engineer, decompile, disassemble or in any other way try to gain access to information regarding the construction of The Software. d. Reservation of Rights. DMF Holdings reserves all rights not expressly granted herein. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Derived Works and Redistribution (SC 25H -52 fA F 15 4 �� t1 The Product may not be distributed in any form that allows it to be reused by any application other than your derived work. 1. The Product may not be included as part of a SDK. 2. The Product may not be used to develop Derived Works that offer similar functionality as the Product, or expose features of the Product through an API for use by an unlicensed third party. ii. The Product may not be used to develop Derived Works that offer similar functionality as the Product for any development platform, including but not limited to: NET, Java, SQL Reporting Services, JasperReports, SharePoint, Microsoft Dynamics, Microsoft Azure, Amazon Web Services ( "AWS ") or Google App Engine. iii. For a period of three (3) years from the date of purchase, you agree not to create software, independent of the Product, which might directly compete with DMF Holdings products. iv. DMF Holdings is not obligated to provide support for works derived from the Product. V. Distribution of the Source Code in any form, with or without modifications, is strictly prohibited. vi. Works derived from the Product may not be called "BikeConnect ", nor may "BikeConnect' appear in their name, without prior written permission from DMF Holdings. vii. The name "BikeConnect" must not be used to endorse or promote products deri ved from the Product without prior written permission. For written permission, please contact dfretheim @acireinc.com. b. Rental. You may not rent, lease, or lend the Product without express written permission from DMF Holdings. c. Termination. Without prejudice to any other rights, DMF Holdings may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product, including but not limited to the Source Code, backups and all of its component parts and Derived Works. d. Survival. Unless this Agreement expressly provides otherwise or by its nature a provision cannot survive this agreement, the provisions of this Agreement shall survive the expiration or any termination of this Agreement. e. Consideration. For the rights and license granted in this EULA, including both the General Software License and the General Source Code License, you will pay DMF Holdings the currently published price available at DMF Holdings.com or another mutually agreed upon amount to appear on a valid invoice. f. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in Section 3(c). g. Consent to Use of Data. You agree that DMF Holdings and its affiliates may collect and use technical information, excluding any Confidential �� 2 25H -53 .ry Information, gathered as part of the Product support services provided to you, if any, related to the Product. DMF Holdings may use this information solely to improve our products or to provide customized services or technologies to you. DMF Holdings may disclose this information, excluding any information explicitly declared as Confidential Information, to others but not in a form that personally identifies you. 4. SOFTWARE MAINTENANCE, UPDATES AND DISCONTINUATION. a. A Subscription entitles the purchaser to updates of the Product for a period of one (1) year (365 days) following the purchase of the Product. b. DMF Holdings may, in its sole discretion, provide technical support, updates and /or supplements of the Software and /or related information ( "Updates ") to you hereunder, in which case such Updates shall also be deemed to be included in the Product and therefore governed by this EULA, unless other terms of use are provided by DMF Holdings with such Updates. 5. SOFTWARE DELIVERY. Unless purchased at an Enterprise level, the Product and any associated materials are provided in electronic format only via the ASP hosted plan. The delivery of product will be retained through a URL such as, www.bikeconnect.org/YOURNAME or some other agreeable naming convention. 6. UPGRADES. Upgrades of the software will be completed from time to time. Any associated standard upgrades will be provided to User a nd integrated as User deems appropriate. Module or cost module upgrades, unless part of this EULA, will be offered to User on a case per case basis. User has the option to purchase or refuse these upgrade modules at their discretion. 7. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Product and any copies of the Product that you are expressly permitted to make herein) are owned by DMF Holdings or its affiliates. All title and intellectual property rights in and to the content which may be accessed through use of the Product are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All title and intellectual property rights in and to your modifications to the Product, are owned by you provided that such modifications are made available to DMF Holdings free of charge and royalty -free for inclusion in later releases of the Product. All rights not expressly granted are reserved by DMF Holdings. 8. NONDISCLOSE AND NONCOMPETITION. a. Both parties recognize that the other party may obtain proprietary and /or confidential information ( "Confidential Information ") in the course of the business relationship defined herein. Each party therefore agrees that it will not disclose the Confidential Information of the other party to any third party (i) except as provided for in this EULA or as necessary to pursue and implement the business relationships defined herein; (ii) to its [C responsible employees and professional advisors with a bona fide need to "' � 3 25H -54 �t ,ter, 1 % know and whom are bound by agreement or law to keep such information confidential; (iii) as authorized by the other party in writing or (iv) to the extent required by applicable law, court, or government agency, provided that the receiving party promptly notifies the disclosing party thereof and cooperates with any efforts by the disclosing party, at the disclosing party's expense, to limit such disclosure by means of seeking a protective order or requesting confidential treatment. 9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of DMF Holdings, and DMF Holdings is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. DMF Holdings is not responsible for webcasting, XML feeds, or any other form of transmission received from any third party sites. DMF Holdings is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by DMF Holdings of the third party site. 10. LIMITED WARRANTY AND DISCLAIMER. a. DMF Holdings warrants that, the BikeConnect system is in good functional and operating condition and that hosting is provided within a Tier One data center controlled by GoDaddy. Hosting has been consistent with operations at 100% uptime since inception of the Product. Any hosting interruption or server maintenance may occur from time to time. Back up provisions for collocating has been created and should the primary URL be made inaccessible due to equipment or communications failure, the collocating site will be activated. This excludes any conditions caused by ACTS of God or War. b. DMF HOLDINGS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DMF HOLDINGS DOES NOT WARRANT THAT THE PRODUCT IS ERROR -FREE OR WILL OPERATE WITHOUT INTERRUPTION. c. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. d. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DMF HOLDINGS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 11. LIMITATION OF LIABILITY. 6C a. Except with regard to: (i) breach of confidentiality obligations; and (ii) any costs associated with the defense, chosen by DMF Holdings, and settlement, to the infringed upon party, of an intellectual property right claim. 25H -55 4 i b. NEITHER DMF HOLDINGS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DMF HOLDINGS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. c. DMF HOLDINGS'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES, FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCH DAMAGE. d. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA. 12. INDEMNITY. You agree to hold DMF Holdings harmless against, and at your expense handle and defend, any claim and defend any third party suit brought against you based upon an allegation that any software developed by you and included in Derived Works produced using the Product constitutes an infringement of any international patent, or any copyright or other proprietary or intellectual property right. You shall pay all damages and costs awarded in such suit. DMF Holdings will indemnify, defend and hold you, and /or your and /or its affiliated and /or subsidiary companies harmless against any claims, legal actions, losses and other expenses arising out of or in connection with any claims that the Product and /or related documentation infringes or violates any intellectual property right of any third party ( "Claim "), on the condition that you notify DMF Holdings promptly of the Claim and give DMF Holdings sole control of the defense and negotiations for its settlement or compromise. If you become, or may become, prohibited from continued use of the Software and /or the Product by reason of an actual or anticipated Claim, DMF Holdings will use its reasonable efforts to a. obtain for you the right to use the Software and /or the Product, or b. replace or modify such Software and /or the Product so that it is no longer subject to a Claim, but performs the same functions in an equivalent manner. c. In the event that DMF Holdings determines, in its sole discretion, that 6C neither (a) nor (b) is commercially reasonable, DMF Holdings shall refund 25H -56 the residual value of the license fees paid by you for the infringing Product or Software, depreciated using a straight line method of depreciation over a forty -eight month period from the date of delivery of the Product to you. 13. TAXES. The license fees and any other amounts payable pursuant to the terms and conditions herein are exclusive of all national, state, regional, local municipal or other taxes and fees including, but not limited to, excise, sales, use, property, ad valorem, intangibles, goods and services and value added taxes, customers duties and registration fees, now in force or enacted in the future, and all such taxes and fees, except taxes based on DMF Holdings's net worth, capital or net income, shall be paid directly by you, or if paid by DMF Holdings, you will reimburse DMF Holdings. 14. NO WAIVER. No action taken by either party pursuant to this EULA, and no waiver by either party, whether express or implied, of any provision or right in this EULA or any breach thereof, and no failure of either party to exercise or enforce any of its rights under this EULA, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar. 15.SEVERABILITY. If any covenant or provision of the EULA is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this EULA and shall not effect or impair the enforceability or validity of any other covenant or provision of this EULA or any part thereof. 16. GOVERNING LAW. This Agreement is made in the State of California USA, and shall be governed in accordance with the laws of California. Any lawsuit filed regarding this Agreement shall be filed in California. The parties further agree that the laws of California shall apply in such a lawsuit. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 17. FURTHER INSTRUMENTS. Except as otherwise expressly provided in this Agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged and delivered to the other) any further instruments, which such other party may reasonably require or deem necessary from time to time to evidence, establish, protect, enforce, defend or secure to such other party any or all of its rights hereunder or to more effectuate or carry out the purposes, provisions or intent of this Agreement. 18. CAPTIONS. All indexes, titles, subject headings, section titles, and similar items are provide for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of this Agreement. 19. UPDATES. DMF Holdings may make updates and changes to this license agreement from time to time. Such changes will be provides to User by e -mail. 20. ENTIRE AGREEMENT. This EULA is the entire agreement between you and DMF Holdings relating to the Product and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any DMF Holdings �� 6 25H -57 6C i� t policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. W 0 MV.Ce] 6C WARRANTY: LIMITATION OF LIABILITY Acire Inc. warrants BikeConnect products and materials manufactured by Acire, Inc. when properly assembled and installed, to be free from defects in materials and workmanship, when under normal use and service, for a period of three (3) years. If any products or materials manufactured by Acire Inc. are found to be defective upon inspection after shipment to Acire at sender's cost, Acire will repair or replace, at its sole option, the defective products or materials, subject to the following conditions: A. Acire, Inc. is notified in writing within the applicable warranty period of any product or material defect; B. The product or material is returned to Acire Inc. at sender's expense; C. The product or material has not been misused, abused or improperly maintained by the user; D. The product or material has not been repaired or altered except by written authorization of Acire, Inc.; and E. The defect is not attributable to normal wear and tear. The limited warranty herein described constitutes the entire obligation of Acire, Inc., and the maximum liability of Acire, Inc. is limited to the purchase price of each defective product or material. No other warranties, whether express, implied or statutory, including warranties of fitness for a particular purpose or merchantability, are given and all such warranties are hereby expressly disclaimed. In no event shall Acire, Inc. be liable for any consequential, indirect, incidental or special damages of any nature whatsoever arising from the sale or use of its products or materials. Acire, Inc. shall have no further liability or obligation whatsoever to any distributor or any other person or entity with respect to Acire, Inc. products or materials other than the obligations expressly set forth above. COVERAGE PERIODS AND PROVISION - 36 MONTHS LABOR CONSIDERATION If Acire, in its sole discretion, determines that an authorized Acire, Inc. distributor or repair facility shall perform the warranty work, Acire, Inc. will pay a specified labor amount for repair or replacement as determined and approved by Acire, Inc. service department before any such work has started, and in accordance with the coverage periods. STARTING DATE The STARTING DATE shall be determined as that date which can be verified to Acire, Inc.'s satisfaction as the product installation date, or, if not verified, then the date on which the product was shipped by Acire, Inc. to the original purchaser. 25H -59 6C ADDITIONAL RESPONSIBILITIES OF ACIRE, INC. Acire, Inc. will provide, or make available from its factory, such information or instruction as is needed to install, service, operate, and maintain its products. Acire, Inc. will provide the replacement parts or materials, freight prepaid, and reimburse distributor for freight charges on returned components, which are warranted. Acire, Inc. will make every attempt to respond to warranty claims within sixty (60) days after the receipt of written request as stated in the WARRANTY: LIMITATION OF LIABILITY reference A. PRODUCT INSTALLER RESPONSIBILITIES Installer is responsible for installing the product in accordance with Acire, Inc. specifications and installation instructions. Installer is responsible for keeping such records as are necessary to locate the product and determine its installation date. PRODUCT OWNER RESPONSIBILITIES Owner is responsible for communication expenses, meals, lodging, and incidental costs incurred by the owner or employees of the owner as a result of warrantable failure. Owner must give notice of a warranted failure and deliver the product to a Acire, Inc. Authorized Distributor or to Acire's service department in Irvine, CA. ADDITIONAL WARRANTY LIMITATION Acire, Inc. is not responsible for products, which have failed as a result of owner or operator abuse or neglect, such as lack of maintenance, product alteration, overload, accident, or other causes beyond its control. Acire, Inc. does not warrant the product when it is used with accessories not approved by Acire, Inc. or when other than genuine Acire, Inc. replacement parts have been installed on the product. Acire, Inc. does not warrant accessories supplied by Acire which bear the name of another company, beyond the warranty provided by that company. Acire, Inc. does not warrant the paint finish if documentation cannot be provided as to the cleaning frequency of the product painted and the product has not been cleaned with a cleaner approved by Acire, Inc. or if the product has been damaged due to etching, graffiti or other vandalism. Acire, Inc. shall not be responsible for expenses due to owner's requirements, inspections, or modification of components, or other handling requirements. Acire, Inc. shall not be responsible for parts returned without prior authorization or without CSC sir proper identification, including claimant's name and Acire, Inc. claim number. 25H -61 womm* REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -02 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013 -07 TO ALLOW A BANQUET FACILITY FOR THE C4: CURE FOR THE COMMON DELI AT 200 NORTH BROADWAY — JEFFREY HALL, APPLICANT Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -02 as conditioned and Conditional Use Permit No. 2013 -07 as conditioned. PLANNING COMMISSION ACTION On May 13, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -02 as conditioned to allow after -hours operation and Conditional Use Permit No. 2013 -07 as conditioned to allow a banquet facility by a vote of 6:0 (Bacerra abstained) for the C4: Cure for the Common Deli located at 200 North Broadway in the Transit Zone Code (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J". Trevino Executive Director Planning & Building Agency HS:rb HsAC4DO CUP13- 02- 07CMeli_200NBroadway.cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 13, 2013 TITLE: PUBLIC HEARING — FILED BY JEFFREY HALL FOR CONDITIONAL USE PERMIT NO. 2013 -02 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013 -07 TO ALLOW A BANQUET FACILITY FOR THE C4: CURE FOR THE COMMON DELI AT 200 NORTH BROADWAY Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED E] As Recommended E] As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manage 1. Adopt a resolution approving Conditional Use Permit No. 2013 -02 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -07 as conditioned. DISCUSSION Request of Applicant Mr. Jeffrey D. Hall is requesting approval of conditional use permits for after -hours operation and a banquet facility at the C4 Deli to be located at 200 North Broadway. Proiect Location and Site Description The applicant is in the process of obtaining necessary permits for tenant improvements to operate the C4 Deli restaurant within an existing, 2,420- square foot tenant space that is located on the west side of North Broadway. Other tenants in this building include the restaurant, Au Naturaw, and various retail and office establishments. The site is surrounded by commercial land uses to the east, north and south, along with multi - family residential immediately west of the site (Exhibits 1, 2 and 3). The proposed restaurant will be located within a tenant suite formally utilized by Rude Gorilla theater and American Apparel. The building, known as the Empire Market Building, is located within the Downtown National Register District. Further, the building is individually listed on the Santa Register of Historical Properties as "Key" due to its distinctive architecture and significance to the City's history, as well as being a contributor on the National Register and California Register. EXHIBIT A lkii_I_� Conditional Use Permit Nos. 2013 -02 & 2013 -07 May 13, 2013 Page 2 Proiect Description C4 Deli restaurant is requesting approval to operate until 2 :00 a.m. and the ability to use the restaurant as a banquet facility as part of the eating establishment. The restaurant will be a full service, sit -down eating establishment that will hold approximately 31 seats within its dining room, and 21 seats on an outdoor patio facing the terminus of Second Street. The outdoor portion will require a Public Works outdoor dining permit. A small 160 square foot retail component is also proposed toward the front of the restaurant selling t- shirts, mugs, and other such items with the company's trademarked logo and name. On May 1, the Zoning Administrator approved Conditional Use Permit No. 2013 -03 which is for a Type 41 ABC license in order to sell beer and wine at the restaurant. The proposed hours of operation for the restaurant are seven days per week from 6:00 a.m. to 2:00 a.m. The restaurant proposes to serve breakfast, lunch and dinner. The deli will be serving sandwiches and salads from the freshest local ingredients available. Bread will be made onsite, and many of the meat products, such as sausages, will also be made onsite. Proiect Background The C4 Deli will occupy an existing tenant space in the Empire Market Building. The applicants currently own and operate a downtown restaurant called "Chapter One: the Modern Local" located at 227 North Broadway. The applicants also own an interest in the Empire Market Building. General Plan and Zoning Consistenc The General Plan land use designation for the site is District Center (DC). District Center land -use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Proiect Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 31A-4 Conditional Use Permit Nos. 2013 -02 & 2013 -07 May 13, 2013 Page 3 • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2013 -02 to allow After -Hours Operation Santa Ana Municipal Code (SAMC) Section 41 -2007 requires a conditional use permit for any eating establishment that intends to operate within the hours between 12:00 a.m. and 7:00 a.m. in the SD- 84 zoning district. The C4 Deli proposes hours of operation from 6:00 a.m. to 2:00 a.m. as they intend to serve breakfast, lunch and dinner. • The proposed after -hours operations will provide a service to both individuals that wish to have an early morning or late night meal. This will thereby benefit the community by providing a food - related amenity. Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation. • The proposed after hours operations will not be detrimental to those living or working in the area because the use, as conditioned, will not create any negative impacts on the community. Other restaurants already located in the Downtown area have similar hours of operation. • The project site is a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City's Downtown and affects the economic stability of the area in a positive manner. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. 31A-5 Conditional Use Permit Nos. 2013 -02 & 2013 -07 May 13, 2013 Page 4 • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that offers early morning, daytime and late evening meals is consistent with the existing uses in the Downtown and the District Center land use designation. Conditional Use Permit No. 2013 -07 to allow a banquet facility The applicant proposes to utilize the eating establishment as a banquet facility for private parties as needed. This offers patrons an opportunity to hold private or community events in the establishment and to close all or part of the restaurant to the general public. This facility will serve both regional and local patrons for restaurant and banquet needs. • The proposed use will provide an added alternative to the restaurant thereby providing a benefit to the community through the provision of a local banquet and meeting venue. Conditions have been placed on the banquet facility which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect or be injurious to the surrounding community. • The addition of the banquet facility use to the restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The banquet and private events will occur inside of the premises and offer an alternative to the restaurant's business operations to enhance the economic viability of the restaurant. Moreover, conditions are imposed to mitigate any potential impacts to those in the vicinity. • This commercial site is appropriate for the proposed land use. A banquet facility at the C4 Deli will increase the potential patronage to the business, thereby enhancing the economic viability of this commercial area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. • The proposed use will not adversely affect the General Plan. Banquet facilities are permitted within the District Center (DC) General Plan designation and the SD -84 /Downtown (DT) zoning district and serve to create an environment conducive to business on a regional scale. Additionally, the use, as conditioned, is in compliance with the regulations identified in the zoning code. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Ikl_I�Q� Conditional Use Permit Nos. 2013 -02 & 2013 -07 May 13, 2013 Page 5 Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -20 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2013 -02 and 2013 -07 as conditioned. HS:jm Hs:l C4DelACUP13 .02- 07CC40eli_200N8roadviay pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan 31A-7 1� Vince Fregoso, AICP Principal Planner Hally Sobo ske Associate Planner HS:jm Hs:l C4DelACUP13 .02- 07CC40eli_200N8roadviay pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan 31A-7 1� Vince Fregoso, AICP Principal Planner RI v) Rf rRl ppa _ o} RI P2 a _ R2 O RI RI p3- a:r R3- -3 I SP -3 SP -3 Noa _ . i 5 r >, i -i n Y PI R2 - R2 ]0.2 Pt P p s r3R1 R1 Rl RI ar at R2 P R2 sP'l SD- SP -3 RI [0fll 75 SP RI . Rl RI P a1 M R2 -1 SP -3 t I RID0 a, u a a ,I p I - Rt R1 RI -a � P P • P P SP -3 p SP 3 SP 3 9 w -2 so-so SD20 _ ChY(FkRa W Ca , i [l R I RI GC a GC GC GL I C i .SPI Y i r sv -, RIRI R7 ■ ■ sw. ecor3 Fcs [ GC = ■ Y 2 �� i Sv., R2 P . O °+ —c' r A� ow cs.s C C3 C swr R2 P so-ss , p P L3•N C3. m r p p so-ss sass t sP -i R2 P p O O C3•A sC A 1M SD-13 Sb2 § P P P swa ! S 1 CIA Q C3 -A 3 -A PROJECT 5 sr C2 CI CI C2 ° $D- r R2 I = R2 R2 R2 D t D SD-4 72 rC; EPALACii 17MALt CH COMMffMF 90WlAL RI SNUFFAMILYFESDROK R\R9NGMOURCAR M OC 00%9M ENrCHIT62 RZ 1NCSFAMILYfWMKE GDMM8r3ALSGUfNMAIN MI UGMINDUSTRAL Rl MLIURi.EDMTYMUUIRE DOMMUMIYOCfAM877AL M2 WAWINDUS94AL FAMiLYFESDBJCE D 00moCXAMMAUMUSIMDIS1RCf MO MUTAR(OPWAl0NS R1 RJDJ;BANAFARfMBM GME A LCDMEMAL O OFIN SIACE FE RESDENIIALERATE C3 C73J1R41 MMES5 P PR YESSO AL S) SEI7RCowicpmoa O-A C81TRiLB19N ARR5MAC -E PCD RmNED CON MUWTYDMOf3.1W w SJU7NCRAN CA RANN ®91CFRNGO34iB2 FAJ RANN®fESDBPRALDPALOP1 M C5 ARTERALOOMMEMAL CUP 2013 -02 AND 2013 -07 �. C4 DELI 200 NORTH BROADWAY - - = 500 FEEf V = 1 DDO FAT P L A N N I N G A N D B_U t L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-8 PARKING STRUCTURE 3RD STREET COMM. } 0 PARK ¢ ct Proje: AVIA0V089 HJ-dON z tw (A a Z N 3: EXHIBIT 3 1 A olft yF 00000 ANuoAnwo Mys N ow lDlz6mljo=frrvo VNV v INVS AlWayous'nooz 711 ,7 5 N3SS303ma N3SSJiVOM0 NVId 3118 113SOd0Nd AVIA0V089 HJ-dON z tw (A a Z N 3: EXHIBIT 3 1 A olft yF 00000 �.. ;., . _._W� _mm mill ! n__w« __w_ . ! _O _° !. NVIdNo @R4mo a �.__<� __ _._W� _mm c�| | <•, ,. + ! n__w« __w_ ! _O _° !. NVIdNo @R4mo 0 0(D 00000 a � � ■ �� |a b! � .,| M c�| | <•, ,. + ) § � � )\ o | ,. !. ., EXHIBIT 4 § § .� | |1 | § � di 1|| o !$, | § 1 � 7 � �! ,. !. 0 0(D 00000 .� | |1 | § � di 1|| o !$, | § 1 � ROH - 05/13/13 RESOLUTION NO. 2013 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013 -02 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND FROM 6:00 A.M. TO 2:00 A.M., AND CONDITIONAL USE PERMIT NO. 2013 -07 AS CONDITIONED TO ALLOW OPERATION AS A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 200 NORTH BROADWAY BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of: Conditional Use Permit No. 2013 -02 to allow the restaurant's hours of operation to extend from 6:00 a.m. to 2:00 a.m. as conditioned, and Conditional Use Permit No. 2013 -07 to allow the restaurant to be used as a banquet facility as conditioned, for the property located at 200 Broadway. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On May 13, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -02 and Conditional Use Permit No. 2013 -07. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -02 to allow for after hours operation: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after -hours operation (opening at 6:00 a.m. and staying open from midnight to 2:00 a.m.) will provide an eating establishment use that will help the Downtown area become a destination point. Conditions have been placed on the after -hours operation will mitigate any potential Resolution No. 2013 -06 Page 1 of 9 31 A -12 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after hours at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the operations that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will serve both individuals and the local and regional business community. Noise will be mitigated so that noise from the eating establishment will be contained to within 20 feet of the building. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow both local and regional patrons an opportunity to eat from a local restaurant that will serve fresh and locally made food products. Moreover, the offering of a specialty delicatessen allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after hours pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A delicatessen that offers fresh food enhances the retail use for the residents of Santa Ana and its location within a regional destination center, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. Resolution No. 2013 -06 Page 2 of 9 31 A -13 E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -07 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed banquet facility will provide an eating establishment use that will help the Downtown area become a destination point. Conditions have been placed on the banquet use that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed banquet facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the operations that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will serve both individuals and the local and regional business community. Noise will be mitigated so that noise from the eating establishment will be contained to within 20 feet of the building. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow both local and regional patrons an opportunity to eat from a local restaurant that will serve fresh and locally made food products. Moreover, the offering of a specialty delicatessen allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a Resolution No. 2013 -06 Page 3 of 9 31A -14 restaurant operating a banquet facility pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A delicatessen that offers fresh food enhances the retail use for the residents of Santa Ana and its location within a regional destination center, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. F. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -20 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2013 -02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2013 -07 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 13, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of May 2013 by the following vote: AYES: Commissioners: Alderete, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Bacerra (1) Eric Alderete Chairman Resolution No. 2013 -06 Page 4 of 9 31 A -15 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney BY: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 13, 2013 . Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2013 -06 Page 5 of 9 L_ 31 A -16 EXHIBIT A Conditions for Approval of Conditional Use Permit Nos. 2013 -02 and 2013 -07 Conditional Use Permit Nos. 2013 -02 and 2013 -07 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The approval of this conditional use permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and /or dancing and this establishment must not operate as such. 2. There will be no gatherings or parties at this location other than a Grand Opening event within 30 days of the beginning of opening or that are within the guidelines of the banquet conditional use permit. 3. Exterior patio and required rails are subject to a Public Works Agency Outdoor Dining Permit, and Planning Department approval. 4. Approval of a grease interceptor or grease trap is required by the Public Works Agency as required by the Fats, Oils, and Grease Ordinance (FOG). 5. The storage of delivery vehicles is not allowed at this location. 6. No use of delivery vehicles with more than three axels at this location. 7. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 8. Trash enclosure program shall be provided via plancheck submittal. 9. Sign permits (both permanent and temporary) are under separate submittal. 10. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2013 -06 Page 6 of 9 31 A -17 MAY 13, 2013 PAGE 2OF3 11. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 12. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. 13. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 14. Any outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons and only after Public Works Approval has been secured. 15. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. 16. There shall be no exterior advertising of any kind or type, including window signs or other signs. 17. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be prohibited or subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 18. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 19. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. Resolution No. 2013 -06 Page 7 of 9 ikii_[_IS MAY 13, 2013 PAGE 3 OF 3 20. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 21. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 22. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 23. The bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 24. A timed - access cash controller or drop safe must be installed. 25. Install a silent armed robbery alarm. 26. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age /checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity and the management of queuing lines. 27. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. 28. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. Resolution No. 2013 -06 Page 8 of 9 iki PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2013 -06 (Conditional Use Permit No. 2013 -02 and Conditional Use Permit No. 2013 -07) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Jeff Hall 204 North Broadway, Suite Q Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (date) at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2013 -06 Page 9 of 9 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: ORDINANCE AMENDING SECTIONS 2 -155 AND 2 -157 OF THE MUNICIPAL CODE — THE SUNSHINE ORDINANCE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending certain Municipal Code sections related to the Sunshine Ordinance (sections 2 -155 and 2 -157) to improve functionality and maintain transparency. DISCUSSION In October, 2012, the City Council adopted a Sunshine Ordinance to ensure that the City operates in an open and transparent manner. Although the City Council and staff are committed to the principles incorporated into the Sunshine Ordinance, there are some recommended changes to the provisions that are necessary in order to reflect effective operations. The proposed amendment incorporates several changes to timelines contained in the provisions of the ordinance: the date of the submittal and annual review of the City's five -year strategic plan, the annual budget meeting dates, and the date for the monthly posting of the calendars of public officials. Five -year Strategic Plan The City initiated a strategic planning project in June 2012 that was divided into two phases. The first phase, which was to develop a set of priorities for the 2012 -13 fiscal year, was completed in November 2012. The second phase, which is to develop a five -year strategic plan, was scheduled to begin in January 2013 in order to be completed by June 2013 as prescribed in the Sunshine Ordinance. However, due to a transition in City management, the initiation of this phase of the project was delayed. In April and May, 2013, a subcommittee of the City Council, together with department head and City Manager Office representatives, met with the consultant facilitating the strategic plan process to develop a revised schedule. The subcommittee determined that it is imperative for the new City Manager to participate in the process of defining the City's strategic plan. As the current schedule for the City Manager recruitment anticipates the arrival of the new manager in September, the revised schedule provides for public input and a series of workshops that will culminate in the consideration of the adoption of the plan by the City Council in November, 2013. 5OA -1 Ordinance Amending the Sunshine Ordinance June 3, 2013 Page 2 In order to ensure ample opportunity for public input and allow some flexibility in the scheduling of meetings, it is recommended that the language in Section 2- 157(a)l be amended to provide that the initial five -year strategic plan will be submitted to the City Council by the end of the 2013 -14 fiscal year. Additionally, it is recommended that the language related to the scheduling of the City Manager's public meeting to review with the City's progress in achieving the goals of the strategic plan with the community as identified in Section 2- 157(a)2 be amended from specifying that the meeting will be held in September to ensuring it will be held once each fiscal year. Annual Budget Meetings To avoid interrupting the staff processes involved in preparing the budget proposal, the Finance Director recommends that the annual budget meetings dates specified in Section 2- 157(b) be changed from February and September to March and October. Further, to allow for flexibility in conducting additional meetings at the request of neighborhood associations, community groups, or other members of the public, it is recommended that the language specifically allow the Finance Director to work with the person or group requesting the meeting to determine a mutually acceptable date for the meeting. Open Calendars In order to reflect the time necessary to complete and post the calendars of the City Officials, it is recommended that the language in Section 2- 155(c) be amended to specify that the calendars shall be made available on the tenth business day of the month, rather than the first. FISCAL IMPACT There is no fiscal impact associated with this action. ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2 -155 AND 2 -157 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. That all public agencies' actions, to the greatest extent possible, should be taken openly and that their deliberations should be conducted openly. B. An informed public is essential to democracy. It is the goal and intent of the City of Santa Ana Sunshine Ordinance that citizens of Santa Ana have timely access to information, opportunities to address the various legislative bodies prior to decisions being made, and easy and timely access to public records. C. The City Council's duty is to serve the public, reaching its decisions in full view of the public. D. The City Council, appointed legislative bodies, and other city officials exist to conduct the People's business. E. The City Council reaffirms its commitment to the purpose of the Brown Act that "all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency." F. That while the Brown Act and Public Records Act exist to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies, the Santa Ana Sunshine Laws are designed to reaffirm and strengthen the need for transparency as represented by these laws. G. The City Council enacts this Sunshine Ordinance to ensure that the people of Santa Ana remain in control of the government that they have created. Ordinance No. NS -XXX 5OA -3 Page 1 of 4 SECTION 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 3. Section 2 -155 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language ted language in strikeout for tracking purposes only): Sec. 2 -155 — Calendars of Certain City Officials (a) Members of the City Council (including the Mayor), the City Manager, Clerk of the Council, City Attorney, Community Development Agency Director, Finance and Management Services Director, Parks, Recreation and Community Services Director, Planning and Building Director, Police Chief, Director of External Affairs, Public Works Director, Deputy City Manager, and any additional persons in management positions that are considered part of the City's Executive Management Team shall maintain a monthly City Calendar. (b) The Calendar shall include all scheduled City - related appointments, meetings, including regular and special City Council meetings, meetings with developers, meetings with union representatives, meetings with consultants, meetings with lobbyists, regional meetings, and meetings of subcommittees or task forces. (c) The Calendars of the Mayor, City Council, and City Manager, and other department heads listed in subsection (a) shall be a public record subject to inspection during normal business hours at the office of the Clerk of the Council and additionally available in electronic format on the City's official website. The calendar shall be made available on the first tenth business day of each month and shall reflect the schedules of the previous month. (d) Each City - related appointment must include the following information: name(s), title(s), and affiliated organization(s). The following information shall be exempted: (1) Personal appointments, including personal business appointments; (2) Information protected by the attorney - client privilege; (3) Information about attorney work product; (4) Information about City staff recruitment; (5) Information about a personnel issue; (6) Information about corporate recruiting and retention; (7) Information about criminal investigations and security; (8) Information about whistle blowers; (9) Information about those who reasonably fear that public disclosure of the fact of their appointment will result in Ordinance No. NS -XXX Page 2 of 4 5OA -4 retaliation that will result in significant economic, physical or other tangible harm; and (10) Information that is otherwise prohibited from disclosure. (e) Any violation of this section relating to calendars shall not be a basis for any criminal prosecution. SECTION 4. Section 2 -157 of the Santa Ana Municipal Code is hereby added such that it reads as follows (new and deleted language in underline and strikeout for tracking purposes only): Sec. 2 -157 -- Public Meetings related to City five -year Strategic Plan and Annual Budget (a) City Strategic Plan— Creation and Public Hearings (1) Not IateF thaR appFeval ef the annual budget begiRRing with the 201312014 fS °r and everyy five ye efeafter -, Not later than the end of Fiscal Year 2013/14 and at least every five years thereafter, the City Manager shall prepare and submit to the City Council a strategic plan setting forth the City's mission, core values, five year goals, detailed measurable objectives and key performance measures. Prior to submitting the strategic plan to the City Council, the City Manager will conduct a public meeting to review a draft of the plan with the public and receive input from the public regarding the plan. (2) EaGh Septernbe , Each Fiscal Year the City Manager will conduct a public meeting to present the City's five (5) year Strategic Plan to the community. The purpose of the meeting will be to review the City's progress in achieving its plan and goals with the community and to gain public input on any issues related to the City's five (5) year Strategic Plan. (b) Annual Budget Meetings. In connection with the preparation of the annual budget, each March Fes and October Con+omhor OF ,,.,,,r, the wFit+e�r, request of at least 3n Gity Fesiden +�, City staff will conduct a community meeting with neighborhood associations, community groups, and other members of the public to present the budget and discuss the budget process and any other issues related to the budget. If at least 30 or more city residents submit a written request for additional meetings to discuss the budget the Finance Director shall respond to the request and work with the a representative of the requesting group to establish a date, time and place for a meeting.. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining Ordinance No. NS -XXX 5OA -5 Page 3 of 4 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. AYES: NOES: ADOPTED this day of Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney M CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX Page 4 of 4 5OA -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: DONATION OF SURPLUS LAW ENFORCEMENT EQUIPMENT TO CITY OF SONSONATE,EL VADOR C ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the Acting Police Chief to donate surplus or expired but serviceable police equipment to the City of Sonsonate, El Salvador. DISCUSSION For the last two years, the City of Santa Ana and the City of Sonsonate, El Salvador have established an exchange program through International City /County Management Association to foster education, including community policing efforts, and cultural awareness in both cities. As part of this program and through funding from the U.S. Agency for International Development, in March 2011, police personnel along with Mayor Pro Tern Tinajero and Councilmember Sarmiento visited Sonsonate to share best practices regarding violence prevention and community collaboration between the citizens of Santa Ana and Sonsonate. Santa Ana Police Department personnel also provided technical assistance on Community Policing to the Salvadoran National Police. On November 13, 2012 Acting Chief of Police Carlos Rojas received a letter from the Mayor of Sonsonate, Jose Roberto Aquino Ruiz, detailing the outdated equipment used by his police officers and the fact that they do not have the appropriate equipment to aid them in their goal of reducing community violence. In his letter, Mayor Ruiz requested any excess law enforcement equipment that the City of Santa Ana was no longer using. The City of Santa Ana possesses shirts, trousers, belt keepers, baton keepers, ammunition pouches, "Sam Browne" leather belts, handcuff cases, mace holders, and handgun holsters which are no longer used by the Police Department because they are surplus or expired. This equipment cannot be sold as surplus and is the type of surplus property that would be subject to destruction by the City. As donation of these items would foster goodwill toward the citizens of Sonsonate, and promote its educational affiliation, community policing ideals, and relationship with the City of Sonsonate, staff recommends donating this surplus or expired equipment for use by its police department. 55A -1 Resolution for Donation of Surplus Equipment June 3, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this item as the property to be donated is surplus or expired and cannot be sold. Carlos Rojas Acting Chief of Police Police Department 55A -2 Ana: RESOLUTION NO.2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DONATION OF A SURPLUS LAW ENFORCEMENT EQUIPMENT TO THE CITY OF SONSONATE, EL SALVADOR NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa SECTION 1. Findings. A. For the last two years, the City of Santa Ana and the City of Sonsonate, El Salvador have established an exchange program through ICMA (International City /County Management Association) to foster education, including community policing efforts, and cultural awareness in both cities. As part of this program and through funding from the U.S. Agency for International Development, in March 2011, police personnel along with Mayor Pro Tem Tinajero and Councilmember Sarmiento visited Sonsonate to share best practices regarding violence prevention and community collaboration between the citizens of Santa Ana and Sonsonate. Santa Ana Police Department personnel also provided technical assistance on Community Policing to the Salvadoran National Police. B. On November 13, 2012 Acting Chief of Police Carlos Rojas received a letter from the Mayor of Sonsonate, Jose Roberto Aquino Ruiz, detailing the outdated equipment used by his police officers and the fact that they do not have the appropriate equipment to aid them in their goal of reducing community violence. In his letter, Mayor Ruiz requested any excess law enforcement equipment that the City of Santa Ana was no longer using. C. Recently, the City of Santa Ana determined that 20 shirts without patches, 20 trousers without patches, 10 jackets without patches, 365 belt keepers, 24 baton keepers, 20 ammo pouches, 6 Sam Browne leather belts, 12 handcuff cases, 20 mace holders, and 5 holsters ( "law enforcement equipment ") are no longer needed by the City's Police Department and should be declared surplus. D. This equipment cannot be sold as surplus and is the type of surplus property that would be subject to destruction by the City. E. The City of Santa Ana, by and through the Santa Ana Police Department, wishes to donate the surplus equipment to the City of Sonsonate's Police Department. F. The City Council of the City of Santa Ana believes such a donation would foster goodwill toward the citizens of Sonsonate, promote its educational affiliation, community policing ideals, and relationship with the City of Sonsonate. 55A -3 SECTION 2. The City Council hereby authorizes the Police Chief, or his designee to convey the subject law enforcement equipment to the City of Sonsonate, including transfer via use of volunteer intermediaries, on terms as may be acceptable to the Finance Director, or his designee and the City Attorney. Such terms shall include an agreement and release from liability. SECTION 3. This Resolution shall be effective upon adoption. ADOPTED this day of June, 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney IM Laura A. Rossini Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: RESOLUTION AFFIRMING CONSISTENCY BETWEEN THE CITY'S CIRCULATION ELEMENT AND THE MASTER PLAN OF ARTERIAL HIGHWAYS AND CONCURRENCE WITH EXISTING TRANSPORTATION SYSTEM IMPROVEMENT AREA FEE PROGRAM CITY- MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming consistency between the City's Circulation Element and the Orange County Master Plan of Arterial Highways, and reaffirming concurrence with the existing Transportation System Improvement Area fee program to maintain eligibility to continue receiving Measure M Program funding. DISCUSSION Each year, local agencies are required to submit documentation to the Orange County Transportation Authority (OCTA) to obtain and remain eligible to receive Measure M2 Comprehensive Transportation Funding Programs (CTFP) Funds. Additionally, every odd numbered calendar year, the City is required to adopt a resolution which affirms consistency between the City's Circulation Element and the Orange County Master Plan of Arterial Highways (MPAH), and which reaffirms adoption of the City's traffic mitigation fee program. This resolution attests that the City's adopted General Plan Circulation Element does not preclude implementation of the MPAH within Santa Ana, and that no unilateral reduction in through -lanes has been made on MPAH arterials during Fiscal Years 2011/2012 and 2012/2013. Furthermore, it declares that a uniform setback ordinance is in effect, and that provisions are in place to limit access to arterial highways in order to protect the integrity of the system. The resolution also reaffirms the City's concurrence of its existing and previously adopted Transportation System Improvement Area fee which is collected to mitigate the effects of new development on transportation infrastructure. 55B -1 Resolution Affirming Consistency Between the City's Circulation Element and the Master Plan of Arterial Highways June 3, 2013 Page 2 The Measure M Program guidelines require Council adoption of the resolution prior to June 30, 2013. Completing this step in the eligibility process will enable the City to continue to receive approximately $3.8 million in Measure M2 Turnback funds each year and to be eligible for CTFP funding administered by the OCTA. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. 1 Raul Godinez II Executive Director Public Works Agency RG /JG Exhibit: 1. Resolution RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING CONSISTENCY BETWEEN THE CIRCULATION ELEMENT OF THE CITY OF SANTA ANA AND THE MASTER PLAN OF ARTERIAL HIGHWAYS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Master Plan of Arterial Highways (MPAH); and B. The City of Santa Ana has endorsed a definition of, and a process for determining, consistency of the City's Traffic Circulation Plan with the MPAH; and C. The City has adopted a General Plan Circulation Element which does not preclude implementation of the MPAH within its jurisdiction; and D. The City is required to adopt a resolution annually informing the Orange County Transportation Authority (OCTA) that the City's Circulation Element is in conformance with the MPAH and whether any changes to any arterial highways of said Circulation Element have been adopted by the City during Fiscal Years 2011/2012 and 2012/2013; and E. The City is required to send every year to the OCTA all recommended changes to the City Circulation Element and the MPAH for the purposes of re- qualifying for participation in the Combined Transportation Funding Programs. Section 2. The City of Santa Ana does hereby inform OCTA of the following: A. The arterial highway portion of the Circulation Element of Santa Ana is in conformance with the latest Master Plan of Arterial Highways. l : J B. The City attests that no unilateral reduction in through lanes has been made on any MPAH arterials during Fiscal Years 2011/2012 and 2012/2013. C. The City has adopted a uniform setback ordinance providing for the preservation of rights -of- way- consistent with the MPAH arterial highway classification. D. The City has adopted provisions for the limitation of access to arterial highways in order to protect the integrity of the system. E. The City has adopted a Transportation System Improvement Area (TSIA) Fee, which collects fees used to mitigate effects of new development on transportation infrastructure. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55B -4 2013. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B -5 Lss5/17/13 55B -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: PUBLIC HEARING — TWO -YEAR 2013 -15 CITY BUDGET /MY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: o---• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance appropriating monies for fiscal year's commencing on July 1, 2013 and July 1, 2014. 2. Adopt a resolution amending resolution numbers 82 -110, 91 -066 and 96 -095 to effect certain changes to the City's basic classification and compensation plans. DISCUSSION The 2013 -15 two -year budget fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity of our community. The primary fiscal objective is to establish the foundation and base -line to build upon future budgets as well as community and organizational needs. As such, this budget continues established strategies to move the City into long -term financial stability while maintaining core programs and services to the extent possible. The total annual proposed budget for fiscal year 2013 -14 is $428,132,328 and $390,913,585 for fiscal year 2014 -15. The proposed budget incorporates all funded appropriations related to the General Fund, Internal Service, Enterprise, Special, Community Development and Housing, Capital Improvement Projects and Grant funding. The 2013 -15 General Fund budget is estimated at $205.7 million and $204.5M respectively and equates to approximately 50% of the total annual proposed budget. The General Fund supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general city administration. In an effort to protect critical front -line services provided to the public, the proposed budget continues to incorporate various expenditure reduction strategies which include fire and medic services through the Orange County Fire Authority, employee 75A -1 Public Hearing — Two -Year 2013 -15 City Budget June 3, 2013 Page 2 retirement cost sharing, implementing significant workforce changes, and continued evaluation of all business practices to reduce organizational redundancies and improve efficiency. With regard to workforce changes, a total of 155 positions which the vast majority is currently vacant will be deleted from the budget. The elimination of these vacant positions is part of the City's strategy to reflect an accurate picture of the City's full -time staffing levels. The proposed resolution amends prior resolutions by adding classification titles and 6 -step and 15 -step salary rate ranges, and the designation of several new classification titles, most of which also result from departmental reorganizations. FISCAL IMPACT With approval of the proposed two -year budget, $428.1 M and $390.9M will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $205.7M and $204.5M will be appropriated to the various general fund operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75A -2 Iss05/30/13 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING JULY 1, 2013 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed two -year budget for expenditures for two fiscal years commencing July 1, 2013. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the budget of the City for fiscal years 2013 -2014 and 2014 -2015, commencing July 1, 2013, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "Fiscal Years 2013 -2015 City Budget," a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal years 2013 -2014 and 2014 -2015, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Proposed Budget 13 -14" and "Proposed Budget 14- 15". Each aggregate of expenditures so specified in said Budget for said fiscal year 75A -3 for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: The City Council of the City of Santa Ana hereby adopts the Seven -Year Capital Improvement Program commencing at 2013- 2014, as set forth in the 2013 -2015 City Budget. SECTION 8: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2013. SECTION 9: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 10: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or 75A-4 employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A -5 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82 -110, 91 -066 AND 96 -095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110 revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana; and on December 21, 1987, the City Council passed and adopted Resolution No. 87 -94, amending Resolution No. 82 -110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing a Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). E. With the adoption of the Annual Budget for Fiscal Year 2013 -2014, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. F. It is now desired to amend Council Resolution Nos. 82 -110, 91 -066 and 96 -095 to effect these changes. 75A -6 Section 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82 -110, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly five -step salary rate ranges indicated: Classification Title Dare Officer Police Property and Evidence Specialist Police Service Assistant Police Systems & Communications Manager (RM) 5 -Step Salary Rate Ranae Effective 7/1/13 SRR Monthly Salary 600 Minimum - Maximum 621 $4317 -$5252 624 $4382 -$5330 605 $3994 -$4858 M742 $7799 - $9482 B. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly seven -step salary rate ranges indicated: Classification Title Arts Administrator Bookmobile Operator Community Center Coordinator Community Center Representative Community Development Resource Coordinator Community Events Coordinator Community Events Supervisor Computer Operations Coordinator Correctional Records Supervisor Engineering Drafting Technician I Engineering Drafting Technician II Equipment Operator — Traffic Paint Equipment Operator — Water Maintenance Graphics Supervisor Kennel Attendant Learning Center Technician Library Associate Library Specialist Library Technician Park Maintenance Worker Park Naturalist Periodicals Technician Police Supply Specialist Recreation Center Director Recreation Supervisor Redevelopment Assistant 7 -Step Salary Rate Ranae Effective 7/1/13 SRR Monthly Salary 600 Minimum - Maximum 633 $4579 -$6140 559 $3192 -$4278 641 $4764 -$6384 600 $3896 -$5226 691 $6080 - $8149 600 $3896 -$5226 666 $5382 -$7211 696 $6230 -$8349 614 $4173 -$5596 610 $4091 -$5488 641 $4764 -$6384 600 $3896 -$5226 600 $3896 -$5226 661 $5252 -$7039 491 $2288 -$3067 570 $3365 -$4511 580 $3533 -$4741 507 $2475 -$3318 570 $3365 -$4511 559 $3192 -$4278 559 $3192 -$4278 570 $3365 -$4511 580 $3533 -$4741 580 $3533 -$4741 651 $5002 -$6702 641 $4764 -$6384 75A -7 Classification Title Senior Library Services Assistant Senior Recreation Center Director Senior Recreation Supervisor Senior Water Maintenance Supervisor Supervising Librarian Traffic Technician Utility Inspector Visitor Services Coordinator Volunteer Services Coordinator Water Maintenance Crew Leader Water Maintenance Supervisor Water Maintenance Worker II Water Meter Repairer I Water Meter Repairer II Water Quality Coordinator Water Quality Inspector Water Quality Supervisor Zoo Maintenance Supervisor 7 -Step Salary Rate Ranae Effective 7/1/13 SRR Monthly Salary MM -12 Minimum - Maximum 559 $3192 -$4278 585 $3622 -$4858 681 $5790 -$7761 681 $5790 -$7761 663 $5304 -$7107 664 $5330 - $7141 631 $4533 -$6080 526 $2717 - $3640 620 $4296 -$5762 620 $4296 -$5762 651 $5002 -$6702 574 $3432 -$4601 579 $3519 - $4718 599 $3880 -$5201 671 $5515 - $7391 631 $4533 -$6080 651 $5002 -$6702 630 $4511 -$6050 C. Adding, in alphabetical sequence, the following full time classification title at the monthly five -step salary rate range indicated: Classification Title Emergency Operations Coordinator 5 -Step Salary Rate Range Effective 7/1/13 SRR Monthly Salary Minimum - Maximum 710 $6670 - $8109 Section 3: That Section 3B Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time classification titles at the monthly seventeen -step salary rate range indicated: Classification Title Administrative and Enterprise Services Manager (MM) Building Maintenance Superintendent (MM) Chief Assistant Clerk of the Council (MM) Employee Relations Manager (MM) Park Maintenance Superintendent (MM) Police Technology and Support Administrator (MM) 17 -Step Salary Rate Range Effective 7/1/13 SRR Monthly Salary Minimum - Maximum MM -24 $8527 - $12660 MM -14 $6666 - $9891 MM -12 $6341 - $9414 MM -23 $8320 - $12353 MM-22 $8119 - $12051 MM -25 $8743 - $12978 [l'•l�Q•i B. Adding, in alphabetical sequence, the following full time classification title at the monthly seventeen -step salary rate range indicated: Classification Title 17 -Step Salary Rate Range Effective 7/1/13 SRR Monthly Salary Minimum - Maximum Community Development Manager (MM) MM -26 $8961 - $13300 C. Designating the newly created classification title of Development Manager as Middle Management by assigning the parenthetical identifier "(MM)" after this classification title. Section 4: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, be further amended by deleting the following full time classification title at the monthly five -step salary rate range indicated: Classification Title 5 -Step Salary Rate Range Effective 7/1/13 SRR Monthly Salary Minimum - Maximum Workers' Compensation Administrator (AM) AM735 $7535 - $9161 Section 5: That except as amended by this Resolution, all other provisions of Resolution Nos. 82 -110, 91 -066 and 96 -095, as amended, shall remain in full force and effect. Section 6: This Resolution shall be operative from and after July 1, 2013. ADOPTED this 3rd day of June, 2013. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Chief Assistant City Attorney Miguel A. Pulido Mayor 75A -9 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2013- to be the original City of Santa Ana on June 3, 2013. Date: do hereby attest to and certify the attached resolution adopted by the City Council of the 75A -10 Clerk of the Council City of Santa Ana 75A -11 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: FISCAL YEAR 2013 -14 MISCELLANEOUS FEE RESOLUTION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution establishing the 2013 -14 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees and enterprise fees. These fees are intended to recover to the extent possible the costs associated with delivering the associated services. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect these costs. The FY 2013 -14 Miscellaneous Fee Resolution identifies all fees assessed as well as those recommended for adjustment. The FY 2013 -2014 Miscellaneous Fee Schedule includes the establishment of ten new fees which include; return of payment service, utility service set -up, Santa Ana Stadium non - spectator commercial events, adult baseball surcharge and six business license tax abatement fees previously established under ordinance NS -2841. In addition, the fee schedule includes the continued waiver of the Credit Card processing fee, fee reductions in the Santiago Lawn Bowling and Santa Ana Stadium- Television Rights fees, a proposed increase in the Enterprise Zone Hiring Tax Credit, and a recommended full cost recovery for Police Security Services as well as residential parking. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $607,350 in general, internal and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75A -12 75A -13 Iss05/30/13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2013 -2014 AND REPEALING IN PART RESOLUTION NO. 2012 -022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2013- 2014 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2013- 2014, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 2.7 %, so that certain proposed fees for Fiscal Year 2013 -2014 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index - Urban, All Services Component, for the Los Angeles- Riverside - Orange County area in a twelve month period ending December 31, 2012 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 2.7% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 2.7% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. F. Similarly, in a few limited circumstances, agencies have determined that new charges should be added or existing charges raised beyond this 2.7 %. Such Resolution No. 2013 -XXX 75A-14 Page 1 of 3 charges are listed in the 'Proposed New Miscellaneous Fees' and 'Proposal to Modify Existing Fees', attached to the staff report submitted for this matter, and made a part hereof by this reference. G. In order to have a single comprehensive document for Fiscal Year 2013 - 2014, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. H. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. I. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2013 -2014 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2012 -022 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2012 -022 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Resolution No. 2013 -XXX 75A-1 5 Page 2 of 3 Section 5: This Resolution shall be operative from and after July 1, 2013. ADOPTED this day of June, 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2013 -XXX 75A-1 6 Page 3 of 3