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HomeMy WebLinkAboutCALIFORNIA TRUCK DRIVING ACADEMYTRANCE ON FILE ORK MAY PROCEED A-2020-194-15 AM INSURANCE EXPIRES ev V4 CLERKOFCOUNCIL "ATE: � AGREEMENT FOR WORKFORCE TRAINING Q, 416 WN Barba) Ia THIS SUBAWARD AGREEMENT made and entered into this 1st day of April 2021, 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 California Truck Driving Academy a for -profit corporation ("CONTRACTOR"). RECITALS: A. CITY has been designated a Local Workforce Development Area (LWDA) under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("WIOA" or "the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation. Under WIOA, participants in need of training services may access career training through a list of state -approved schools and their training programs. D. In addition to WIOA, the CITY received funding from the Orange County Social Services Vocational Training grant funded through the California Work Opportunity and Responsibility to Kids Act of 1997, which provides monies for the basic needs of families with children ("CalWORKs" or "SSA"). An important component of CaIWORKs allows for the provision of employment services for parents. Heads of households are provided job training services to help families upgrade job skills with the ultimate goal of self-sufficiency. E. The City intends to utilize the WIOA and SSA Grant Funds to operate a Workforce Training Program in which vocational training courses will be made available to Qualified Participants. Pursuant to the Workforce Training Program, the City desires to contract with public and private organizations, including employers, who are qualified to participate in the City's Workforce Training Program by providing services to Qualified Participants (each, a "Qualified Contractor"). F. CONTRACTOR is a Qualified Contractor that has been selected as one of several vendors that qualified to provide workforce training under the Workforce Training Program. G. CONTRACTOR represents that it is knowledgeable in its field, and is willing to provide workforce training services under the Workforce Training Program pursuant to applicable federal and California laws. H. The CITY and CONTRACTOR (each, a "Party" and jointly, the "Parties") Page 1 of 17 desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for Contractor's participation in the City's WIOA and/or SSA Programs and provision of services to Qualified Participants upon the request of the City. 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. In compliance with all of the terms and conditions of this Agreement, CONTRACTOR shall provide the Contractor's Services, as authorized by the City's Representative. Contractor represents and warrants that Contractor's Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the City's Workforce Training Program. 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 this Agreement. C. CONTRACTOR acknowledges and agrees that City shall request that Contractor provide the Contractor's Services on an "as requested" basis and that City does not guaranty a minimum number of Qualified Participants for whom Contractor's Services shall be requested and required under this Agreement. Contractor acknowledges and agrees that Contractor shall not commence to provide Contractor's Services to a particular Qualified Participant hereunder unless and until Contractor receives a Notice to Proceed from the City authorizing the provision of Contractor's Services to that particular Qualified Participant. Contractor further acknowledges and agrees that this Agreement and any request for the provision of services hereunder is nonexclusive and that the City may enter into similar agreements with other entities for the provision of similar services. D. Time is of the essence in the performance of this Agreement. CONTRACTOR shall perform and complete all of CONTRACTOR's Services in a timely and expeditious manner. Contractor shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that CONTRACTOR has delivered to the City written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. E. Scope of Services. On an as -needed basis, and at the sole discretion of CITY, CONTRACTOR shall perform the services that are described in Exhibit A. The Scope of Services shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. hi the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. When the need for services arise, CITY may initiate services through use of a Letter Agreement for a specific workforce training, including a copy of the course description, executed by the Executive Director Page 2 of 17 of the Community Development Agency and the CONTRACTOR. Work by the CONTRACTOR may not proceed absent this fully executed Agreement and separate Letter Agreements for specific Qualified Participants. F. Compliance with Law. CONTRACTOR's Services shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and any Federal, State or local governmental agency of competent jurisdiction. G. CONTRACTOR shall obtain, at Contractor's sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of CONTRACTORS Services. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this Agreement H. CONTRACTOR shall adhere to all applicable Labor Standards. I. If funding is through WIOA, CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIOA", attached hereto as Exhibit H and incorporated herein as though fully set forth in 20 CFR 658.411. 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. J. 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 Parts 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. K. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act, or the approval of SSA funding, as applicable. L. CONTRACTOR agrees to the following accounting, monitoring, auditing, Page 3 of 17 and review requirements: 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 performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to Participants' attendance and certifications. 2. 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, and Participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring at 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 (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 3. 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. 4, 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. M. 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. N. CONTRACTOR shall not expend fiords pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. If funding is through WIOA, CONTRACTOR shall comply with the Page 4 of 17 provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. If funding is through WIOA, CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR Part 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. 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 Actor SSA, as applicable, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A —Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. If funding is through WIOA, CONTRACTOR agrees to remain in compliance with the Certification Regarding Debarment, attached hereto as Exhibit F and incorporated herein by reference, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. If funding is through WIOA, 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. Page 5 of 17 V. CONTRACTOR acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships, SSA, and various other local programs is "America's Job Center". To achieve the goals of this Workforce Training Program, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center". CONTRACTOR agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with WIOA or SSA funds. When the America's Job Center logo is used, CONTRACTOR may accompany it with the following statement, "The (CONTRACTOR) is a proud partner of the America's Job Center network". CONTRACTOR shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. II. CITY'S OBLIGATIONS A. On July 1, 2020 the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act grant of $1,260,082.00 for fiscal year 2020-2021. In addition, on July 1, 2020, the CITY was awarded an Orange County Social Services Vocational Training grant through the California Work Opportunity and Responsibility to Kids Act of 1997 in the total amount of $1,677,928.00 for fiscal year 2020-2022. A portion of both grants in a total amount not to exceed $2,000,000.00 shall be available to all Qualified Contractors to provide workforce training classes for Qualified Participants. B. If a Qualified Participant chooses to enroll in a course offered by CONTRACTOR, CITY agrees to pay to CONTRACTOR when, if and to the extent WIOA or SSA funds are received under the provisions of the applicable grants, in accordance with the Course Costs attached hereto as Exhibit B and incorporated herein by reference, which may be amended during the period of this Agreement. Said sum shall be paid with either WIOA or SSA funds, as determined by the CITY in its sole discretion, after CITY receives invoices submitted by CONTRACTOR as provided herein. C. CONTRACTOR has the ability to adjust line item amounts in the Course Costs with the approval of the Executive Director. D. CITY agrees to provide for on -site monitoring reviews of the Workforce Training Program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. E. 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. Page 6 of 17 IIl. COMPENSATION A. CITY neither warrants nor guarantees any minimum or maximum compensation to CONTRACTOR under this Agreement. CONTRACTOR shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Any compensation payable to CONTRACTOR shall be paid from a portion of the above - referenced WIOA and/or SSA grants awarded to the City in a total amount not to exceed $2,000,000,00. B. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. IV. TERM OF AGREEMENT A. This Agreement shall commence on the date stated above and continue through June 30, 2023, with a one-year option to renew executable by the CITY in its sole discretion, unless terminated earlier by either party. The one-year option may be executed, or the Term of this Agreement may be further extended, by a writing executed by the City Manager and the City Attorney. B. Unless the CITY authorizes an extension, CONTRACTOR must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award, as applicable. 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. Page 7 of 17 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 Indicators attached hereto as Exhibit C and incorporated herein by reference, and general program requirements described in Sections 2 and 116 of the Act, 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 part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. 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, requiring that 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. 2. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 3. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 4. 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 WDB 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. 5. No person with responsibilities in the operation of any program under the Workforce Training Program shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, Page 8 of 17 sex, political affiliation or beliefs. 6. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 7. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as Exhibit G and incorporated herein. 8. 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 Development 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." 9. Based on the population eligible to be served, or likely to be directly affected by the 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, 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. 10. 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. 11. 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. 12. 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 35) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: Page 9 of 17 (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; and, (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 13. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: a. 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. b. 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 (2) years following the termination of such employment. c. 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. d. 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. e. 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 WDB, 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 Page 10 of 17 under this Agreement. No voting member of the WDB 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. f. Salary and Bonus Limitations. If CONTRACTOR receives WIOA funds, CONTRACTOR is 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 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, with $2,000,000 in the aggregate coverage. Said policy of comprehensive general 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. 2. 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 Page 11 of 17 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. 3. 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 CONTRACTOR shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or 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. If receiving WIOA funds, CONTRACTOR acknowledges and agrees that it must follow procurement regulations for contractors (2 CFR §200.317). 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. If receiving WIOA funds, the Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR. Parts 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; Page 12 of 17 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. XIL 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 WIOA and/or SSA 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. Page 13 of 17 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. If receiving WIOA funds, 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. Page 14 of 17 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: CITY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) 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 Fax (714) 647-6956 CONTRACTOR: California Truck Driving Academy 921 N. Poinsettia St. Santa Ana, CA 92701 Phone: 1(800) 581-2048 Fax:1(888)348-6369 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 herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall Page 15 of 17 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. {Signatures on following page} Page 16 of 17 A-2020-194-15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above -written. ATTEST: 1 rr:Gomez /—Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney "CITY" By: L Kristine Ridge City Manager "CONTRACTOR" a /1 R O, odge Name: -F"^ S1r44N As start City Attorney Title: ti cq-2 Tax ID #: 2,6 — y-f y 1365 RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency Page 17 of 17 y LOU Main Branch 921 North Poinsettia Street Santa Ana, CA 92701 (800) 581-2048 phone (888) 348-6369 fax www.ctdanow.com Locations Satellite Branch 14392 Valley Boulevard Fontana, CA 92355 (800)581-2048 phone (888) 348-6369 fax www.ctdanow.com Satellite Branch 523 N. Grand Ave Santa Ana, CA 92701 (800)581-2048 phone (888) 348-6369 fax www.ctdanow.com January 1, 2020 through December 31, 2022 MISSION STATEMENT California Truck Driving Academy was established in 2008 and incorporated in 2009. CTDA provides industry leading professional truck driver training and job placement assistance for its graduates. We are committed to superior training programs with the latest industry education. Our main focus is providing students from Orange County, Los Angeles County, and the Inland Empire with professional truck driver skills and continued equipment safety training ensuring graduates a road to career success. We are pleased to offer top quality professional truck driver training programs for local driving, over -the - road and/or bus driving employment. In as little as five weeks you can gain the skills to work as a licensed Class "A" professional Truck Driver or obtain a professional Class "B" license. Our programs include the Class A/B Truck Driver, Class A Truck Driver, Class B Truck Driver, Class B Bus/Passenger, Class C Truck Driver, Class A Truck Refresher, Class B Truck Refresher, and the Veteran Training Programs. California Truck Driving Academy is located in the city of Santa Ana, California off the 5 FWY at the 17th Street/Penn Way exit. Our goal is to be Southern California's best truck driver school. CCR 71810(b)(2) *This institution is a private institution that is approved to operate by California Bureau for Private Postsecondary Education. Approval to operate means the institution is compliant with the minimum standards contained in the California Private Postsecondary Education Act of 2009 (as amended) and Division Z5 of Title 5 of the California Code of Regulations. CEC 94909(a)(2) 3 1 Page -California Truck Driving Academy - Student Catalog INSTRUCTORS AND QUALIFICATIONS Luis Meza Certified Commercial Truck Driving Instructor II Lead Instructor Qualifications: U.S. Veteran with 13 years of training and transport experience. CA Commercial Driver License, endorsements include Passenger, Doubles/Triples and Tanker Nycholas Vernon Instructor I] Certified Commercial Truck Driving Instructor II Qualifications: 4 years of training and transport experience. CA Commercial Driver License, endorsements include Passenger, Doubles/Triples and Tanker Nathan Hudson Instructor Certified Commercial Truck Driving Instructor I Qualifications: US Veteran with over 2 year of training and transport experience. CA Commercial Driver License, endorsements include Tanker, Hazmat, Doubles/Triples and Passenger Brian Kelly Instructorl Certified Commercial Truck Driving Instructor I Qualifications: Over 20 years of combined training and transport experience. CA Commercial Driver License, endorsements include Doubles/Triples and Tanker Joe Martinez Instructor Certified Commercial Truck Driving Instructor I Qualifications: US Veteran with over 5 years of combined training and transport experience. CA Commercial Driver License, endorsements include Doubles/Triples and Tanker Eric Lucio Instructorl Certified Commercial Truck Driving Instructor I Qualifications: Over 12 years of combined training and transport experience. CA Commercial Driver License, endorsements include Hazardous Materials, Doubles/Triples and Tanker Michael Deasey Instructor Certified Commercial Truck Driving Instructor I Qualifications: Over 12 years of combined training and transport experience. CA Commercial Driver License, endorsements include Doubles/Triples and Tanker 5 1 Page -California Truck Driving Academy - Student Catalog POLICIES AND PROCEDURES ADMISSION AND ELIGIBILITY REQUIREMENTS In order to be accepted for training as a prospective student, you must meet the following requirements: • Read, write and comprehend English (English language proficiency can be equivalent to 10" grade level and up with High School Diploma.) • High School Diploma, GED or equivalent, or take and pass an ability to benefit test given by a third -party examiner. ABT test is an online exam that covers basic reading and writing skills and is required if you are unable to submit a High School Diploma, GED or DD214. • Be at least 18 years old. Minimum age for interstate driving is 21 years • Submit a DD 214 (Veteran applicant's only) • Submit current and valid California driver license • Submit proof of residency • Present a Social Security card and Resident Alien Card, if applicable. (NOT LAMINATED OR TAPED TOGETHER) • Pass a (D.O.T.) Department of Transportation physical examination (DL 51). • Obtain a Department of Motor Vehicles driving record printout. (Note: if applicant has any DUI convictions, more than three moving violations on his/her driving record, any Workers Compensation claims in the last three years, felony convictions, back or neck problems, or a non -verifiable work history, he/she must speak to the Admissions representative so that we may determine on an individual basis whether or not any of the above conditions would prevent the applicant from obtaining a position in the truck driving industry.) ADMISSION PROCEDURES For admission to California Truck Driving Academy, an interview of the applicant will be conducted by an Admissions Representative. At that time, the student will be given an admissions application to complete. In the interview, the applicant is informed about the program itself, admissions requirements, class start dates, the requirements before performing a safety sensitive function (driving), having a negative drug test result, and academy policies in general. All applicants will be given this Student Catalog electronically via email and any member of the general public can access this Student Catalog at www.ctdanow.com. Each applicant is also given a tour of the academy, if possible. Also, during the interview it will be pointed out that if the applicant has any; DUI convictions, more than three moving violations, any Workers Compensation claims in the past three years, felony convictions, neck or back problems, or a non -verifiable work history, it may be difficult to secure employment with certain employers. However, we train and offer job placement for those who meet the Admission Requirements. An Enrollment Agreement is then processed when the applicant is determined to be qualified fortraining. The agreement is forwarded to the Academy Administrator for approval. A "Notice of Students Rights" Informing the student of their right to cancel the training contract is given to each student at the time of enrollment. 7 1 Page -California Truck Driving Academy - Student Catalog ATTENDANCE REQUIREMENTS California Truck Driving Academy requires students to have a good attendance record. Excessive absences or tardiness may be a cause for dismissal as it would be in the trucking industry. If a student has 3 unexcused absences, continued enrollment is permitted only with the approval of the Director. If a student has more than 2-3 unexcused absences during one of the academy's approved training programs, an automatic termination of the course and a drop notice will be put in effect and the appropriate agency will be notified including but not limited too; city, state or local government agencies, including Veteran's Affairs offices. Attendance is considered in the evaluation of each student's performance and when making recommendations to employers. See table below for further explanation of the attendance requirements: Enrollment Period 2 weeks no more than 2 unexcused absences Enrollment Period 4 weeks no more than 3 unexcused absences Enrollment Period 5 weeks no more than 3 unexcused absences Enrollment Period 6 weeks no more than 3 unexcused absences Absences: An absence will be considered as "excused" under the following circumstances: illness, death or birth in immediate family. All absences must be authenticated in writing and will be determined "excused" or "un-excused" at the discretion of Academy Administrators. All other absences will be considered "unexcused" Including but not limited to "cutting class or "ditching class". Tardiness: Tardiness is a disruption of a learning environment and is discouraged. Being "on time" is not only important for academy; it is a fact of life in the trucking industry. Tardiness (10 minutes +) without a legitimate reason on two occasions will be considered as one unexcused absence. Warning/Drop Procedures: Any student with two consecutive unexcused absences (whether from absences or tardiness) will receive a warning letter. Students with three consecutive unexcused absences will be sent written notification that they will be dropped from the Program unless immediate arrangements are made with Academy Administrators. Failure to respond to a drop notification will result in the student being dropped from the program. CEC 94909(a)(8)(C) Make-up Work: Make-up work will be schedule by the Academy Directorfor excused absences only, at no additional fee. All incomplete work must be completed within one week, All make-up work will be scheduled depending on equipment and instructor availability. A student will not be eligible to graduate if they fail to complete all mandatory make-up course work. Leave of Absence: California Truck Driving Academy recognizes the fact that circumstances may arise during training that would make it difficult for a student to continue training. The Director may grant a student a Leave of Absence upon written request. A written response from the Director will be sent to the student within 48 hours of receipt of their request. A Leave of Absence indicates that the student has sincere intention of resuming his/her education. A student who has been granted a Leave of Absence must enroll in the first class following the end of this leave or the student will be dropped. (However, such leave of absence may never exceed 60 calendar days.) All requests must be in writing either, mailed or hand delivered to: Attn: Academy Director, California Truck Driving Academy 921 N. Poinsettia St., Santa Ana, CA 92701. 9 1 Page -California Truck Driving Academy - Student Catalog LEARNING AND OTHER All students have access to the Resources wall located in where students will find information regarding commercial and learning resources. Access to these resources is available to students during regular business hours. EXPERIENTIAL CREDIT This institute does not grant credit for prior experiential learning. VISA This institution does not accept students from other countries. It is a requirement for any commercial driver to be a resident of the state of California therefore students with VISA's will not be accepted Into one of our approved training programs. No VISA services will be provided to any student. All training will be provided in English only. Per the California Department of Motor Vehicles, "The commercial driving test will be administered in the English language only. This is pursuant to Federal Motor Carrier Safety Administration regulations §§391.11(b)(2) and 383.133(c)(5). Students must be able to read, write and comprehend the English language. HOUSING The Academy does not provide housing or dormitory facilities to their students at all Santa Ana locations. It is the student's responsibility to find housing or to make arrangements if they are traveling away from their home to attend one of our approved training programs. There are local lodging facilities within a 5 mile radius of our site. The cost of these lodging facilities may vary from $60.00 to $150 per night. California Truck Driving Academy has no responsibility tofind or assist a student in finding housing during or after training has commenced. We offer housing at the Fontana satellite location with shuttle service to the training for students attending all classes and yard training, the expected cost is approximately $1000 for 20 nights. Fontana location: 14973 Valley Blvd., Fontana, CA 92355. DRIVING UNDER THE INFLUENCE Anyone having any DUI conviction, 3 or more moving violations, a felony conviction, back or neck problems, Workers Compensation claims in the past 3 years, or non -verifiable work history should contact Academy Administrators before enrolling, so we may assess, on an individual basis, whether or not any of the conditions would prevent the applicant from obtaining an entry-level position in the trucking industry with certain employers. DRUG POLICY California Truck Driving Academy is committed to providing a safe academy environment and to promoting the well being and health of its students. That commitment is jeopardized when any student illegally uses drugs or alcohol while on the academy premises, comes to academy with this substances present in his/her body, or possesses, distributes, or sells drugs here at our facility. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal drug use and alcohol abuse are incompatible while attending California Truck Driving Academy. Therefore, California Truck Driving Academy has established the following policy: 1) It is a violation of academy policy for any student to possess, sell, trade, or offer for sale illegal drugs or otherwise engage in the use of illegal use of drugs or alcohol on academy premises. 2) It is a violation of academy policy for anyone to report to academy under the influence of illegal drugs or alcohol —that is, with illegal drugs or alcohol in his/her body. 111 Page -California Truck Driving Academy - Student Catalog Academy Administrators. All training must be completed within the designated course timeframe (maximum course length is 6 weeks or 180 hours). If the student does not complete the training within this time frame they maybe dropped from the course and will not be eligible to graduate. This does NOT include students waiting for their 1st DMV test appointments or those with prior approval from academy administrators. GRADUATION REQUIREMENTS Students enrolled In our programs that have earned a GPA of 2.0 or above, have met all requirements and receive a state of California commercial driver license using California Truck driving Academy approved equipment shall be eligible for graduation. They will receive a certified certificate of completion upon graduation. Any student who fails or does not complete training will receive a transcript indicating the hours completed. GRADE LEVEL PERFORMANCE DEFINITION A = Excellent 90%- 100% (4) B = Above Average 80%- 89% (3) C = Average 70%- 79% (2) D = Unsatisfactory 60%- 69% (1) F = Fail Below 59% (0) IN = Incomplete Not Complete (0) DP = Dropped (0) PLACEMENT SERVICES California Truck Driving Academy program goals are to place all successful graduates with various local, regional, and over -the -road trucking companies who employ entry-level drivers. These companies know the benefits of hiring well -trained entry-level drivers, and having a California Truck Driving Academy Certificate of Completion gives you the credentials required by so many trucking employers. Several companies will send a recruiterto meet with ourstudents and discuss job opportunities and benefits their company can offer. At California Truck Driving Academy we understand that just having your Commercial Driver's License will not secure you employment, but that you must be able to promote yourself to potential employers. For this reason, our experienced staff can assist you in evaluating employers, developing interviewing skills, completing Job applications, and making contact with the company of your choice. Although, no training provider can guarantee a student a job, we will guarantee California Truck Driving Academy uses our best efforts to prepare and assist you for a successful career. STUDENT RECORDS An official academic record is maintained for each student. This provides a complete record of course grades, skill levels, attendance, advising, and employment information. Financial records are also maintained for each student, which provide a complete record of tuition charges, payments, refunds, and financial transactions. Student records are kept strictly confidential. The files will be maintained and stored together in the same file electronically for life at the following address: California Truck Driving Academy, Attention: Administration Office, 921 North Poinsettia Street, Santa Ana, CA 92701. At the request of the student, they may review these records with an Academy Administrators present. The right of student to inspect their individual records is in accordance with the Family Education Rights and Privacy Act of 1974, Public Law 93.380, as amended. After a student graduates, any record(s) they may need a copy of in their file may be subjected to a fee. The amount of the fee will be posted on academy premises. 13 1 Page -California Truck Driving Academy - Student Catalog CLASS B PASSENGER/BUS DRIVER Course # 101-B/P Up to 60 hours of training This course consists of instruction and demonstration in the safe operation of commercial passenger equipment and is a comprehensive introduction course on transporting passengers safely. The Class B Passenger/Bus Program also provides Class "B" CDL License training utilizing a commercial passenger vehicle at one of our assigned training locations. Course length is 3 weeks. All commercial endorsement training is included in this course. DMV fees, medical examination fees and any additional fees for endorsements will be the responsibility of each student. Graduates will receive an official certificate of completion upon successful completion of course. CLASS C TRUCK DRIVER Course # 101-C Up to 8 hours of training This course consists of instruction and demonstration in the safe operation of trucking equipment and is a comprehensive Introduction course on trucking and its functions. The Class C Truck Driver Program also provides Class "C" CDL License training utilizing a vehicle with a GVWR of less than 26,000 lbs. at one of our assigned training locations. Course length is 2 days. DMV fees, medical examination fees and any additional fees for endorsements will be the responsibility of each student. Graduates will receive an official certificate of completion upon successful completion of course. CLASS A REFRESHER Course # 101-AR /Prerequisite: Course # 101-A (Prerequisite is a current Class "A" driver license) Up to 40 hours of training This course provides the student with advanced training, legal provisions and safety precautions associated with the trucking industry. The Class A Refresher Training Program's main focus is Class "A" CDL License hands-on driving at one of our assigned training locations. Course length is 1 week. This training is hands on training with a conventional 2-axle tractor and both 28 and 53 foot trailers combination vehicle with a GCWR of 26,001 lbs. or more. Graduates will receive an official certificate of completion upon successful completion of course. CLASS B REFRESHER Course # 101-BR /Prerequisite: Course #101-B or B/P (Prerequisite is a current Class "B" driver license) Up to 40 hours of training This course provides the student with advanced training, legal provisions and safety precautions associated with the trucking industry. The Class B Refresher Training Program's main focus Is Class "B" CDL License hands-on driving at one of our assigned training locations. Course length is 1 week. This training is hands on utilizing a Bobtail commercial vehicle equipped with airbrakes with a GVWR of 26,001 lbs. or more. Graduates will receive an official certificate of completion upon successful completion of course. 15 1 Page -California Truck Driving Academy - Student Catalog CLASS C TRUCK DRIVER ...................$1,745.00 (Total charges for entire and or period of attendance) And Additional Fees which are NOT refundable Registration $250.00 Books & Supplies $100.00 TOTAL ESTIMATED CHARGES FOR ENTIRE PROGRAM $2,095.00 TOTAL FEES CHARGED FOR ENTIRE PROGRAM $2,095.00 CLASS A TRUCK REFRESHER ...................$1,650.00 (Total charges for entire and or period of attendance) And Additional Fees which are NOT refundable Registration $250.00 Books & Supplies $100.00 TOTAL ESTIMATED CHARGES FOR ENTIRE PROGRAM $2,000.00 TOTAL FEES CHARGED FOR ENTIRE PROGRAM $2,000.00 *Pre -requisite is a current Class A license and medical certificate card with no more than 60 days without operating a commercial vehicle from the date of enrollment. CLASS B TRUCK REFRESHER ...................$1,500.00 (Total charges for entire and or period of attendance) And Additional Fees which are NOT refundable Registration $250.00 Books & Supplies $100.00 TOTAL ESTIMATED CHARGES FOR ENTIRE PROGRAM $1,850.00 TOTAL FEES CHARGED FOR ENTIRE PROGRAM $1,850.00 *Pre -requisite is a current Class B license and medical certificate card with no more than 60 days without operating a commercial vehicle from the date of enrollment. Above pricing may not reflect any discounts, customization of course curriculum or length given for state and local government agencies, non-profit organizations, faith -based organizations, city and county agencies, or monthly discounts given by California Truck Driving Academy. California Truck Driving Academy reserves the right to make any and all changes to any promotional discounts and or any all monthly discounts from time to time with or without warning. *Student Tuition Recovery Fund. 17 1 Page -California Truck Driving Academy - Student Catalog TRAINING EQUIPMENT PICTURES Class B Passenger Bus with Airbrakes Class B Passenger without Airbrakes 19 1 Page -California Truck Driving Academy - Student Catalog NOTICE OF STUDENTS RIGHTS, REFUNDS, & CANCELLATION POLICY In the event any eligible person fails to enter the course or withdraws from instruction you have the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the first class session, or the seventh day after enrollment, whichever is later. 1) Cancellation occurs when you give a written Notice of Cancellation at the academy address shown on the front page of this catalog. You can do this by mail, in person, or via fax. The Notice of Cancellation, if mailed, is effective when deposited in the mail properly addressed with postage prepaid. This notice need not take any particular form; it needs only to state you wish to cancel the agreement. You will be given two notices of cancellation forms on the first day of class. If you cancel this agreement, the academy will refund any money that you paid within 45 days after your Notice of Cancellation is received minus the registration fee and any other non-refundable charges. 2) If the academy has given you any equipment, you should return it to academy within the 3 days following the date of your notice of cancellation. If you fail to return this equipment in good condition within the 3 day period, the academy shall return that portion of payment paid by you and deduct the cost for damages or cost from any return/not returned equipment. Once you pay for the equipment, it is yours to keep without further obligation. 3) You have the right to withdraw from the academy after your course has started. If you withdraw from the course of instruction during this period you will NOT receive a full refund. Upon receiving your withdrawal notice or Notice to Cancel, the academy will remit a refund less a registration fee (not to exceed $250.00) within 45 days following your withdrawal date. You are obligated to pay only for educational services rendered and for any unreturned equipment. If you obtain any books, supplies, materials or equipment, as specified in the agreement as a separate charge, and return it in excellent unused condition within 3 days following the date of your withdrawal, the academy shall refund the charge for the equipment paid by you. If you fail to return the equipment in good condition, allowing for reasonable wear and tear, within this 3-day period, the academy may offset against the refund the documented cost to the academy of that equipment. You shall be liable for the amount, if any, by which the documented cost for equipment exceeds the prorated refund amount. The documented cost of the equipment may be less than the amount charged and the amount the academy has charged in the contract. In any event, you will never be charged for more than the equipment charges stated in the contract. IF THE AMOUNT THAT YOU HAVE PAID IS MORE THAN THE AMOUNT THAT YOU OWE FOR THE TIME YOU ATTENDED, THAN THE REFUND WILL BE MADE WITHIN 45 DAYS OF THE WITHDRAWAL. IF YOU OWE, MORE THAN THE AMOUNT THAT YOU HAVE ALREADY PAID, THEN YOU WILL HAVE TO MAKE ARRANGEMENTS TO PAY IT. TO MAKE ARRANGEMENTS TO PAY OFF A BALANCE PLEASE CONTACT THE ADMINISTRATION OFFICE AT: (800) 581-2048 OR IN PERSON: 921 NORTH POINSETTIA STREET, SANTA ANA, CA 92701. In the case of students withdrawing after the end of cancellation period, the refund policy for students who have completed 60 percent or less of the period of attendance shall be a pro rata refund. The school will retain a registration fee plus a percentage of tuition and other non-refundable fees, which is based on the percentage of the clock hours attended, as the examples described in the table below. The institution will pay or credit refunds within 45 days of a student's cancellation or withdrawal. 211 Page -California Truck Driving Academy - StudentCatalog length of the completed portion of the course should bear to its total length. Note: The maximum non- refundable registration fee allowed by VA is $10.00 for non -accredited schools, REIMBURSEMENT TO VETERANS AND ELIGIBLE PERSONS For information or for resolution of specific payment problems, the veteran should call the Department of Veterans Affair nationwide toll free number at 1-888-442-4551. California Truck Driving Academy's refund policy has been established so that the student or any eligible veteran who cancels the enrollment agreement and obtain a refund of charges paid through attendance at the first class session, or the seventh day after enrollment, whichever is later. To cancel the enrollment agreement you must do the following: Complete, sign and date The Notice to Cancel form is provided to each student upon enrollment and is also found in the Student Catalog and must be sent either via email to enrollment@ctdauow.com, mailed or hand delivered to the Administration office located at 921 N. Poinsettia Street, Santa Ana, CA 92701. The Academy Director or Associate Director will sign this notice and mail a copy back to the student with a breakdown of the charges and/or refunds if applicable within45 days of receipt. CEC 94911(e)(1) SATISFACTORY PROGRESS FOR VETERAN OR ELIGIBLE PERSON'S You must make satisfactory progress toward completion of the program in which you are enrolled to continue receiving veterans' benefits. Satisfactory progress is the ongoing demonstration that you are completing training at a rate that will allow you to graduate with the approved length of the program. Progress will be monitored by your instructors and will be verified by the school's VA Certifying Official. The VA will only pay for standard hours in the approved program of study. In order for you to complete your training within the standard time, your progress must be measured at a level in keeping with school policy. If your progress is not satisfactory in any school measured portion of the program, you will be notified to such and placed on probation for 30 days, at which time your progress will again be evaluated. If satisfactory improvement is not made by the end of this probationary period, your benefits will be terminated. (They may, however, be able to continue your training in accordance with school policy.) Note: Once you have completed the standard hours in this program, your benefits will cease. This is true regardless of your remaining educational benefit entitlement. To use the remaining entitlement, you would have to enroll in a new program. ATTENDANCE REQUIREMENTS FOR VETERAN OR ELIGIBLE PERSON'S Good attendance is critical to successful completion of the program. You must maintain at least a 90% attendance rate to continue receiving VA benefits. If you miss more than 10% of your time in a given period or term, you will be placed on probation for the following period/term. If you miss more than 10% during the probationary period, your VA educational benefits will be terminated. You may be re -certified for VA educational benefits after consulting with the school's VA Certifying Official, once the cause for unsatisfactory progress has been removed, attendance becomes satisfactory, and it is determined that the program is suitable for your aptitude, interests, and abilities. Official school holidays or breaks are not considered days of absence, but tardiness or class - cuts may accumulate to constitute 10% in accordance with school policy. LEAVES OF ABSENCE FOR VETERAN OR ELIGIBLE PERSON'S Students receiving VA educational benefits may take a school approved Leave of Absence, but this will interrupt VA educational benefits during the leave. The leave of absence will be reported to the 23 1 Page -California Trucl<Driving Academy - Student Catalog STUDENT TUITION RECOVERY FUND The State of California established the Student Tuition Recovery Fund (STRF) to relieve or mitigate economic loss suffered by a student in an educational program at a qualifying institution, who is or was a California resident while enrolled, or was enrolled in a residency program, if the student enrolled in the institution, prepaid tuition, and suffered an economic loss. Unless relieved of the obligation to do so, you must pay the state -imposed assessment for the STRF, or it must be paid on your behalf, if you are a student in an educational program, who is a California resident, or are enrolled in a residency program, and prepay all or part of your tuition. You are not eligible for protection from the STRF and you are not required to pay the STRF assessment, if you are not a California resident, or are not enrolled in a residency program." "It is important that you ]seep copies of your enrollment agreement, financial aid documents, receipts, or any other information that documents the amount paid to the school. Questions regarding the STRF may be directed to the Bureau for Private Postsecondary Education, 2535 Capitol Oaks Drive, Suite 400, Sacramento, CA 95833, (916) 431-6959 or (888) 370-7589. To be eligible for STRF, you must be a California resident or are enrolled in a residency program, prepaid tuition, paid or deemed to have paid the STRF assessment, and suffered an economicloss as a result of any of the following: 1. The institution, a location of the institution, or an educational program offered by the institution was closed or discontinued, and you did not choose to participate in a teach -out plan approved by the Bureau or did not complete a chosen teach -out plan approved by the Bureau. 2. You were enrolled at an institution or a location of the institution within the 120 day period before the closure of the institution or location of the institution, or were enrolled in an educational program within the 120 day period before the program was discontinued. 3. You were enrolled at an institution or a location of the institution more than 120 days before the closure of the institution or location of the institution, in an educational program offered by the institution as to which the Bureau determined there was a significant decline in the quality or value of the program more than 120 days before closure. 4. The institution has been ordered to pay a refund by the Bureau but has failed to do so. S. The institution has failed to pay or reimburse loan proceeds under a federal student loan program as required by law, or has failed to pay or reimburse proceeds received by the institution in excess of tuition a6d other costs. 6. You have been awarded restitution, a refund, or other monetary award by an arbitrator or court, based on a violation of this chapter by an institution or representative of an institution, but have been unable to collect the award from the institution. 7. You sought legal counsel that resulted in the cancellation of one or more of your student loans and have an invoice for services rendered and evidence of the cancellation of the student loan or loans. 25 1 Page -California Truck Driving Academy - Student Catalog STUDENT COMPLAINT POLICY A student or any member of the public may file a complaint about this institution with the Bureau for Private Postsecondary Education by calling toll free 1-888-370-7589 or by completing a complaint form, which can be obtained on the bureau's Internet Web site www.bppe.ca.gov. CEC 94909 (a) (3) (C) Students are encouraged at all times, to verbally communicate any concerns to the academy administration for an amicable solution. Please use the following procedures to handle any and all complaints. 1. First express your concern to your primary instructor for an immediate resolution. 2. If the instructor cannot solve your problem/concern verbally, a written request can be made to a member of the Associate Director for resolution. 3. If the Associate Director cannot solve your concern verbally, the student must submit a written letter of complaint containing all the relevant information to the Academy Director. It is recommended that the written complaint be prepared within 48 hours of the initial incident or complaint. The Academy Director will respond to the letter of complaint within 24 hours. 4. The Academy Director, Associate Director, or both will verify that the student has made a verbal attempt to resolve the complaint. If the student has followed the above 3 steps, a grievance session will be made immediately and this will include all involved parties. Each party involved will be asked to present their version of the incident prior to all the parties being present. 5. Any or all students or instructors must be present at the time of the grievance meeting. All parties will be allowed to present evidence or testimony concerning the incident or complaint. The Academy Director will issue a written statement to all parties within 48 hours after the end of the grievance meeting. 6. If the decision is unacceptable to the student, within 48 hours they must send written copies of all documents and a letter to the Associate Director explaining why the decision is not acceptable. All complaints will then be resolved within 30 days from the receipt of the initial incident report date. Still unresolved complaint may be directed to: 1747 N. Market Blvd. Ste 225 Sacramento, CA 95834 P.O. Box 980818, West Sacramento, CA 95798-0818 Web site Address: www.bppe.ca.gov Telephone and Fax #'s: (888) 370-7589 or by fax (916) 263-1897 (916) 574-8900 or by fax (916) 263-1897 *The Bureau for Private Postsecondary Education ruling will be final. 27 1 Page -California Truck Driving Academy -Student Catalog DRUG and Alcohol -FREE POLICY Our policy is to maintain a drug -free workplace and training facility. Faculty and students are expected and required to report to work or class on time and in appropriate mental and physical condition for work or class. It is our intent to provide a drug -free, healthful and safe work/class environment. The unlawful manufacture distribution, possession or use of a controlled substance on the Academy's premises or while conducting the Academy's business off its premises is absolutely prohibited, Violations of this policy will result in disciplinary action, up to and including termination/expulsion, and may have legal consequences. Faculty and students must report any and all conviction under a criminal drug statute for violations occurring on or off the Academy's premises while conducting training exercises or while attending classroom instruction. A report of a conviction must be made within seven (7) days after the conviction. The Academy recognizes drug dependency as an illness and a major health problem. The Academy also recognizes drug abuse as a potential health, safety and security problem. Faculty and students needing help in dealing with such problems are encouraged to use our employee assistance program and health insurance programs. (Further information about these programs is available from Academy Director.) Conscientious efforts to seek such help will not jeopardize any employee's job and will not be noted in any personnel record. 29 1 Page-CaliforniaTrucl< Driving Academy - StudentCatalog CALIFORNIA COMMERCIAL ®RIVER LICENSE REQUIREMENTS A commercial driver license is a license issued in accordance with Federal Regulations that allows an individual to operate a commercial vehicle. You must be at least 21 years old to drive a commercial vehicle across state lines (interstate commerce) or to transport passengers or hazardous materials or wastes (intrastate or interstate commerce). You may drive for hire within California if you are 18 years of age or older and do not engage in interstate commerce activities. If you are 16 years of age but less than 18 years of age, you may not drive for hire and you may not drive outside of California. (VC &12515J fVC 612516) You must complete and submit the following documents and submit to DMV office to apply for a CLP (commercial learner's permit). Provide proof of a valid social security card. Verify your identity. Submit proof of residency documents. Pay a non-refundable application fee to the DMV. Give a fingerprint scan. (DMV office) Pass a vision exam. (DMV office) Have your photograph taken. (DMV office) Pass the applicable knowledge tests. (DMV office) 10 Year History Record Check The Motor Carrier Safety Improvement Act of 1999, and applicable Federal Regulations requires all commercial driver license applicants including renewal applications to disclose whether he or she has been issued a driver license in the same or different name to operate any type of motor vehicle in another state or other jurisdiction within the previous ten years. If the answer is "Yes" to the ten year history record question, a 10 Year History Record Check form (DL 939) complete and submitted with the Commercial Driver License Application https://www.edl.dmv.ca.gov/. Medical report for commercial driver license (CDL) A medical form completed by a U. S. licensed doctor of medicine (M.D.), osteopathy (D.O.), licensed physician assistant (P.A.), a nurse practitioner (N.P.), advance practice nurse, or chiropractor who is clinically competent to perform the medical examination, must be given to the DMV with your original application for a driver license or instruction permit. The medical form must be dated within the last 2 years and on a form approved by the Federal Highway Administration, the Federal Aviation Administration, DMV, or on the DMV Report of Medical Examination Report form Medical Examination Report fDL MCSA 5875). Effective October 1, 2004, DMV will accept only a Medical Examination Report (MCSA 5872 with a revision date of 2/2004 or later, or a current medical form (containing the new blood pressure guidelines) approved by the Federal Highway Administration or the Federal Aviation Administration. California Vehicle Code (CVC) Section 12517.2(a) requires all applicants for an original or any renewal of a certificate(s) to drive a school bus, school pupil activity bus, youth bus, general public para-transit vehicle or farm labor vehicle to submit a report of a medical examination, completed by a physician (MD) licensed to a practice medicine (doctor of osteopathy [DO] is acceptable). The report of medical examination must be submitted upon application and every two years thereafter. CVC Section 12517.2(b) requires all school bus drivers within the same month of reaching the age of 65 to submit an acceptable medical report on a yearly basis. 311 Page -California Truck Driving Academy - Student Catalog FINANCIAL AID POLICY AND PROCEDURE Section 1 - Compliance with Law California Truck Driving Academy hereby covenants and agrees that it has complied and will continue to comply with those provisions of the Workforce Investment Act of 1998 establishing the WIOA Grant program (codified at 29 U.S.C.A.2801 etseq.) (the "Act"), and all applicable Federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this federally -assisted program. This Agreement is subject to all such laws, ordinances, regulations, policies, and guidelines, including, without limitation, the Act; 20 CFR Part 645; and applicable U.S. Office of Management and Budget Circulars, including, without limitation, A-102 and A-133. Section 2 - Non -Discrimination and Equal Opportunity California Truck Driving Academy shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, age, national origin, or ancestry, California Truck Driving Academy shall comply with the following; A. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as amended, and all regulations applicable thereto, and the provisions of WIA 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 C.F.R, Part 60. B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 C.F.R. Part 146. C. The prohibitions against discrimination against otherwise qualified individuals with disabilities under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 C.F.R. Part 8. D. The prohibitions against discrimination against handicapped persons under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and implementing regulations (28 C.F.R. Parts 35-36). E. The prohibitions against discrimination set forth in the regulations codified at 29 CFR Parts 31, 32 and 34. Section 3 - Uniform Fiscal and Administrative Requirements California Truck Driving Academy shall comply with the fiscal and administrative requirements set forth at 29 CFR Parts 95 and 97, O.M.B. Circular A-1 10 and Section 645.230(a) of 20 CFR Part 645. Section 4 - Audit Requirements California Truck Driving Academy shall comply with the audit requirements set forth at 29 CFR Parts 95 and 97. 33 1 Page -California Truck Driving Academy -Student Catalog Section 13 - Clean Air Act; EPA Regulations California Truck Driving Academy shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act set forth at 42 U.S.C.1857 (h), Section 508 of the Clean Air Act set forth at 33 U.S.C. 1968, Executive Order 11738 and the Environmental Protection Agency regulations set forth at 40 CFR Part 15. Section 14 - Energy Efficiency California Truck Driving Academy shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act set forth at Public Law 94-163, 89 Statutes 871. Section 15 - Intellectual Property California Truck Driving Academy acknowledges and agrees that pursuant to 29 CFR Section 97.34, the Federal Government reserves a royalty -free, non exclusive, 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 the Sub Grantor this Agreement; (B) Any rights of copyright to which California Truck Driving Academy purchases ownership with Sub Grant Proceeds; (C) The patent for any invention developed under the Sub Grant or this Agreement; and (D) Any rights in any patent to which California Truck Driving Academy purchases ownership with Sub grant Proceeds. 35 1 Page -California Truck Driving Academy- Student Catalog If you select "No" to the second statement all other educationally -related charges as defined above will be your responsibility. 3.) 1 authorize California Truck Driving Academy to hold any excess Title IV funds on my account as a credit balance and to apply those funds and any Title IV funds to outstanding educationally -related charges that have been charged to my student account by the College for the prior award year not to exceed $ 200. Yes ❑ No❑ To allow California Truck Driving Academy to hold credit balances and apply excess Title IV funds to apply to prior year educationally -related charges up to $200 you should select "Yes" to the third statement. If you select "No" to the third statement any other educationally -related charges from the prior year will be your responsibility. Checking the "No" box or failing to return this form will have the following effect: If you do not complete the Authorization Statements below, Title IV funds in excess of your current charges will be refunded directly to you. All outstanding educationally -related and future tuition and fee charges will remain your responsibility. FEDERAL (TITLE IV) AUTHORIZATION STATEMENT Your authorizations will remain in effect for the entire period that you are enrolled at California Truck Driving Academy; however, these authorizations can be modified or cancelled at any time. To modify or cancel these authorizations you must put your request in writing and forward it to the California Truck Driving Academy Accounting Office at: 921 North Poinsettia Street, Unit A, Santa Ana, CA 92701. Any modification or cancellation is effective on the date the California Truck Driving Academy Accounting Office receives the notice of modification or cancellation. However, notwithstanding any authorization you provide, any remaining Title IV credit balance will be distributed at the end of each loan period or the last payment period in the award year for which the funds were awarded. All other Title IV funds will be applied to the account in accordance with Title IV regulations. In addition, funds will be distributed within the required timeframe upon rescission, in writing, of this authorization. Printed Name: Last 4 digits of your Social Security Number: Signature: Date: 37 1 Page -California Truck Driving Academy - Student Catalog IRiStti»3I't5 .�*'"' krnrr9oyrtient p� r)evtioprnenl � !W r' 9'A IYI @^'9 B i A�3 NOTICE nt rr�rtn,ent Bate: June 4, 2020 Number: WSIN19-48 a,FF of caIi(nrnAa " �.._ Expiration pate:07/04/2020 The Workforce Innovation and Opportunity Act (WIOA) Section 116(b) requires the state to reach an agreement with the US Department of tabor (DOL) on state -level performance goals for the Wagner-Peyser, and WIOA Title IB Adult, Dislocated Worker, and Youth programs every two years, In May 2020, the state negotiated the performance goals with the DOL for Program Years (PY) 2020 and 2021 using the Statistical Adjustment Model (SAM) as a baseline, PY 2020 and PY 2021 Negotiated Performance Goals Indicators Adults Dislocated Youth Wagner - Workers eyser Rate 2nd Quarter Quarter After Est& �r7.0a/4 q n / q i I.R�/0 71.0% L 51.4 �/P (Includes placement in education for Youth Employment Rate 4th Quarter after Exit 66.0% 72.5% 71.0% 62,0% (Includes placement in education for Youth) Median Earnings 2nd $6,000 $8,070 $3,490 $6,689 Quarter After Exit Credential Attainment 60,0% 60.0% 60.0% N/A Measurable Skill 50.0°la 50.0% 56.4°/p NIA Gains The Employment Development Department will negotiate levels of performance for five of the WIOA primary indicators of performance with Local Areas for PY 2020 and PY 2021. The state will take into account the following factors when negotiating performance goals with the Local Areas: The €DD is an equal opportunity employer/program, Auxiliary aios and services are available upon request to individuals with disabilities, a^ge 1 of 2 50:187 How the levels involved compare with the negotiated levels of performance established for the state. m Ensure that the negotiated levels account for the economic conditions and the participant characteristics based on the SAM, e The levels involved promote continuous improvement of the indicators of performance. For more information on the Performance Negotiation process, please review the Workforce Services Directive State Level Performance Goals and Local Area Negotiations (WSD19-11 PDF). If you have questions related to this information, contact the Program Reporting and Analysis Unit at ws�rr�,�paeeperformancg@edd.ca gov_. /s/JAIME L. GUTIERREZ, Chief Central Office Workforce Services Division Page 2 of 2 10134 al I a Lem IN rV U*in CERTIFICATION FOR CONTRACTS, QRANTS. LQANS 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 subrecipient's 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. California Truck Driving Academy Grantee/Contractor Organization Program Title I_ . /Pl�, Signature Tina Singh Name of Certifying Official Signature EXHIBIT D 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, O 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— (t) 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 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 - (t) 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 employee: or otherwise receiving actual notice of such conviction; Y (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, /4/0 Date DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: California Truck Driving Academy Name of Contractor: Contractor Number: Date: February 4, 2021 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): 921 N. Poinsettia St., Santa Ana, CA 92701 415 West 130th St., Los Angeles, CA 90061 14392 Valley Blvd., Fontana, CA 92335 Address EXHIBIT E Regarding Lower Tier CgMgNd Tr ImIci't -op—s 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) L 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 Linder 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. California Truck Driving Academy Grantee/Contractor Organization Tina Singh, Academy Director Name and Title of official Authorized to Certify On Behalf of the Grantee 2/4/2021 Date �XHIPIIT F INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into, If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment, 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted If at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction" "debarment" "suspended" "Ineligible", 'lower tier covered transaction", "participant", "person", "primary covered transaction", 'principle", 'proposal', and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance In obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter Into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. 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 Development Board on all contracts. I recognize that I must give assurances for each item below. Please initial each box indicating you have read and are providing assurance you are or will be in compliance with the following: 15 SAWDB uses the CaIJOBs ETPL Module for accepting applications from the providers to be listed on the ETPL, Local boards may authorize a single local board to act on their behalf in making determinations for initial and/or subsequent eligibility of providers. Contractors must enter program(s) of training services into CaIJOBS. The training provider should only enter the program(s) desired to be on the CA ETPL, If the program is offered with multiple modes of delivery, or course lengths, the program must be entered separately for each variation. SAWDB has authorized the South Bay WDB to make initial and subsequent eligibility I S determinations for applications submitted from providers. Contractors should contact the South Bay WDB 11539 Hawthorne Blvd., 5", Floor, Hawthorne, CA 90250, 310-970-7700. �j CONTRACTOR is required to be in compliance with South Bay WDB Master agreement and SAWDB agreement. ,j in cases where South Bay WDB has denied a provider's application, provider may submit the application to SAWDB for consideration and processing at 801 W. Civic Center Dr. #200, Santa Ana, CA 92701 ATTN: SAWDB Staff. The.submission must include completed ETPL training program applications and a copy of the letter from the South Bay WDB denying application. S Local boards may establish local policies requiring performance above the state minimum standards for providers to be included on the ETPL. j Acceptance and processing of an application does not constitute an agreement or relationship between the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB. Applications will be process on an ongoing basis. -f5 CONTRACTOR must be in compliance with the State and Federal regulations, per Workforce Innovation and Opportunity Act (WIOA) Eligible CONTRACTOR List Policy and Procedure WSD15-07 or it's replacement. l)` CONTRACTORS must also meet one of the following criteria in order to have their programs listed on the ETPL: EXHIBIT G 1) Bureau of Private Postsecondary Education Approval to Operate, or Verification of Exemption by BPPE. 2) Accreditation by the Accrediting Commission for Senior Colleges and Universities, WASC, or the Accrediting Commission for Community and Junior Colleges, CSU, UC, and other WASC accredited institutions. This accreditation can be verified at: www.accje.org/ or www.wasesenior.orW. 3) Postsecondary institutions eligible under Title IV of the Higher Education Act (HEA) and offering programs leading toward an associate degree, baccalaureate degree, or certificate. 4) Approval by the California Department of Education. 5) Approval by the Chancellor's Office of the California Community Colleges (CCCCO). -IS CONTRACTOR must reapply to be considered for subsequent approval on the ETPL and agrees to provide the required performance and cost information data. " 15 CONTRACTOR must annually meet the state's minimum performance standards, however the SAWDB may set higher levels. Public Postsecondary Community Colleges, CSUs, and UCs are required to provide performance information for consideration of placement on the CA ETPL, but due to heavy state oversight, investment, and the inability to capture true program outcome data, these institution types are not required to meet a specific performance threshold to be listed on the CA ETPL. _T CONTRACTOR's BPPE accredited shall provide a copy of the provider's BPPE Annual Report (the Performance Fact Sheet) to document their achievement of the performance criteria if applicable. TIS ALL Training on the ETPL must be for occupations in in -demand industry sectors identified by the state, regional or local workforce development boards. fiS All Training on the ETPL must provide training services that lead to an industry -recognized credential, national or state certificate, or degree, including all industry appropriate competencies, licensing and/or certification requirements. IS CONTRACTOR understands that all performance data and data submitted on the ETPL must be made available for data verification by the SAWDB or the State EDD office. CONTRACTOR must maintain all the relevant records utilized to support the data submitted on ETPL for audit or monitoring purposes by the SAWDB or the State EDD office. CONTRACTOR that claim an exemption to BPPE (Section 94874 of the BPPE Act), must apply and receive a "Verification of Exemption" before being listed on the ETPL. Since it has been determined that any expenditure of public funds, state or federal, that directly benefits a student to be student financial assistance, we expect that instances of exemption will be very rare, CONTRACTOR must have all considered training programs listed with the BPPE, the SAWDB may verity the data that was submitted to BPPE. T) All new and current CONTRACTOR will be required to be registered in CaIJOBS5M and must have all considered training programs listed with the BPPE match on CaIJOBS. 2 EXHIBIT G 15 All CONTRACTOR are required to enter performance data for each program to be listed on the ETPL and provide evidence to the Local Board that they have met the minimum performance criteria required, Programs that do not include performance data will not be approved for listing on the ETPL. �J CONTRACTOR must have their current course catalogs on file with the SAWDB. CONTRACTOR agrees to immediately notify (within 10 working days) the SAWDB, in writing, of any changes in the information submitted with initial agreement. 1 5 CONTRACTOR agrees to accept WIOA eligible referrals from the Santa Ana WORT{ Center on an individual referral basis. CONTRACTOR shall not accept nor enroll WIOA participants who do not meet the CONTRACTOR's entrance requirements, which are to be the same general entrance requirements required of public students, and agrees to submit a written notification to the Santa Ana WORK Center's Case Manager stating the reason(s) for non -acceptance. CONTRACTOR agrees to assist the WIOA client in applying for PELL Grants and any other funds that might be available to offset the cost to WIOA and to work together with the WIOA client's Case Manager to ensure all other funding sources are investigated and those funds obtained before submitting the Vendor Voucher to the SAWDB for payment. IS CONTRACTOR agrees to cross out sections of the student enrollment agreement that would hold the WIOA participant financially responsible for any training related expenses. Once accepted, CONTRACTOR agrees to enroll the WTOA participant in the course stipulated on the Vendor Voucher and no other. CONTRACTOR agrees to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for third party testing (Microsoft, Novell, A+, etc.) and will provide a copy of the Pass/Fail results at that time. `\SPre-Apprenticeship CONTRACTORS must include a letter of commitment from an approved apprenticeship program and meet the application policies and procedures required for the type of program (e.g., community college, private post -secondary, adult education provider, etc.). CONTRACTOR Apprenticeship Programs registered under the National Apprenticeship Act (NAA) or recognized by DIR/DAS are exempt from initial eligibility procedures. Registered apprenticeship programs must be included and maintained on the list of eligible providers of training services as long as Inc corresponding program remains registered, as described at W10A sec. 122(a)(3). jsCONTRACTOR agrees to allow SAWDB, Santa Ana WORK Center, the State of California, and the Department of Labor, the WIOA client and any of their duty authorized representatives' access to all the records regarding the WIOA client for monitoring purposes. The records include any books, documents, papers, files and computer data directly pertinent to the records of the WIOA participant. The right to records includes the right to make excerpts, transcripts and photocopies. 3 EXHIBIT G The right also includes the right to have reasonable and timely access to personnel for the purpose of interviews and discussions related to the records of the WTOA participant. - rS CONTRACTOR agrees to provide progress reports which indicate grades and test scores, as well as attendance reports, to the WIOA client's Case Manager on a monthly basis. CONTRACTOR agrees to notify the WIOA client's Case Manager immediately (within 5 working days) if the WIOA client is absent for more than 3 days in a row, has sporadic attendance or drops out of school unless other arrangement are made in writing. CONTRACTOR agrees to provide a copy of the "reimbursement form" and issue a refund check to the "City of Santa Ana" for the number of unused training hours and any non -issued training/testing vouchers, books, tools, etc. due within 30 calendar days after the last day the WIOA client attended school or the day the school was notified that the WIOA client dropped. Said check to be mailed to the attention of the WIOA Case Manager, 801 W Civic Center Dr., #200, Santa Ana, CA 92701. 1 CONTRACTOR agrees to provide the WIOA Case Manager a copy of the WIOA client's certificate of completion or diploma or official transcripts within 10 working days of the date of completion or graduation. CONTRACTOR agrees to provide the WIOA client with the same level of job search/placement assistance as provided to the public students and to provide the WIOA Case Manager with all the pertinent information regarding the placement of the WIOA client within 5 working days of the W10A client's first day of employment. A WIOA client has 180 days after completing training to get a job for the CONTRACTOR to get credit for placement in employment. 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. CONTRACTOR is not currently on any Federal, State of California, or local Debarment list. SCONTACTOR will provide records to show that we are fiscally solvent, it' needed. SS CONTRACTOR has, or will have, all of the fiscal control and accounting procedures needed to ensure that WIOA funds will be used as required by law and contract. �5 CONTRACTOR has additional funding sources and will not be dependent on WIOA funds alone. CONTRACTOR will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: Records accurately reflect actual performance if applicable. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. FXHIBIT G 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. (submit completed survey) 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. TsAgree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part- time employees) TSProcurement policies and procedures are in place and meet federal guidelines. CONTRACTOR will not: Use WIOA 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 WIOA money under this contract to purchase any equipment. I hereby assure that all of the above are true. 7 Signature Title Date EXHIBIT G 15, Santa Ana Local Workforce Development Area Revised May 20, 2019 EXIIIBIT II Table of Contents I. Information Regarding Compla A. Nondiscrimination and Equal Opportunity Complaints__3 . 1. Policy Statement _ � 3 2. Civil Rights 4 3. Nondiscrimination laws under WiOA 4 4. How to File Your Complaint 5 B. Criminal Complaints _ 6 11.. General Procedures for Handling Non-Criminai Violations of the Act _6 Ill. Procedures for Handling Complaints at the UAIDA Level $ IV. Procedures for Handling Complaints at the State Lever 12 V. Procedures for Handling Discrimination Complaints by Participants '15 VI. Procedures for Handling Disability Complaints by Participants l 7 GLOSSARY OF WIOA iE z XHINT H A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) 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 WIOA, all contractors in the Santa Ana LWDA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and nondiscrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Bights 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 e Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Innovation Opportunity Act of 2014 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 WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA 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 WIOA. EXHIBIT H Administration responsibility for this E,+r;r.ral OpportunitylAffirmative Action (EOlAA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Dewaloomprit Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Egival Opportunity Program. 2. Civil Rights No one applying for or enrolled In the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disability, national origin, sex, age, political of Nation, or beliefs. This means that — for any of the characteristics listed above; • You may not be denied the opportunity to enroll in WIOA. • No benefits or services may be denied you for discriminatory reasons. e, You may not be segregated or treated any differently from other applicants or participants, while you are tbY!ng registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. $ You must be provided an ecua: chance to use all facilities available in the program. • Fair employment practices rr,uc-t be provided to all staff with regard to recruiting, hiring, transferring, prornoticn.s,1r:aining, compensation, benefits, layoff, and termination. You have the right to make a crrmplalnt if you feel you have been denied any of the above opportunities. You cannot in :any way be penalized forfiling a complaint. Your WIOA 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 WiOA Title VI of the Civil Riaht,5 �L cf 1964, Prohibits discrimination on the basis of race, color, national origin, or religion. `rhe A e Discrimination Act c?f w 37 Prohibits arbitrary discrimination against persons' age 40-70. The Rehabilitation Act. of 1973 Prohibits discrimination based on disability. 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 a �m�nded by Executive Qrder No 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretarv's Order no. 1-73 Prohibits discrimination based on sex. E uai Pav 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 14 Director Civil Rights Center U.S. Department elf Labor, Room N-4123 200 Constitution Ave., N`W Washington, D.C. 20210 Complaints on the basis of disability ;rust be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIQA administrative entity. The WIQA 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 Civii 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 cou 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 INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIQA 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." 11. 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 186 through 188 of the W IOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the receipt, investigation, hearing, and resolution of complaints by WIQA 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 LWDA. 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 WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIGA 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-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA 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 H A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) }hall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However. suoh orccedures shall not be used to resolve disputes regardln 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 LWDA 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 LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA 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'A110A programs operated by the Santa Ana LWDA 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 LWDA 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; d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated, lnl>~HINT H, 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 LWDA 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 EEC? 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 LWDA 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: Jennifer Sommers Sr. Personnel Analyst-- EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5348 EXHIBIT H b. A hearing will be scheduled by Vic, 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 wits'; the written consent of the parties. A decision will be issued by the Santa Ana LVV A wi;,hin 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 be' fore an impartial hearing officer, c. A statement(s) of the alleged violations) d. Advise as to where information or ass@ stance may be obtained, and the name, address, and telephone number of the Santa Ana DAIDA 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 would 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 LWIOA or its sub recipients, The hearing officer will be selected from a Mist 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, Ut 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. 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 LWDA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Development Board. G. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA 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. 1 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. 1 EXHIBIT H D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa: Ana LWDA. The purpose of a record is to serve as substantiation of the process rollowed by the Santa Ana LWDA 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 dosed out. The Santa Ana LWDA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stes~fographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -far -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 systern or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. 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 grievence 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 LWDA and the State Review Panel in accordance with Section 683.600. IV, Procedures for Handling Complaints at the State level Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review.process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record 12 established at the LWDA level and shall Issue a decision based on the information contained therein. 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 LWDA 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 LWDA 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 LWDA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 0. 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 LWDA 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 LWDA. It shall be the responsibility of the LWDA 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 fhe 0ArDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. Z Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWDA 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 LWDA b. Name, address, and telephone number of the LWDA C. Copies of complaints made at LWDA 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, rejector 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 Off lees, 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 thi ty (30) days of receipt of the request for State review. 14 EXHIBIT H Decisions issued by this panel, under the authority of the Governor, are final, D. Issuance of State Review Decision. The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA hearing. V. Procedures forr •n 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 LWDA'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 LWDA's procedure under Section II (A), is EXHIBIT H No later than 180 days of alleged discriminatlon Within 10 days of receipt of unsatisfactory decision or to days from date LWDA decision should have been Issued. Handling of complaints filed' a, VAIVA, level arising in connection with WtOA proararns operated by LWOAs inform I IRt solution Process Filing of Complaint/Request for Hearing Notice of Hearing issued by LWI7A Nearing Conducted LWDA Decision within 60 days Unsatisfactory Decision ar L)AQA Decision not issued wittrin 60 days Request for State Review Governor's 'Decision issued by State Review Panel If no decision issued by State Review Panel AWS to QQL Z6 0 N 0 I 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: Jennifer Sommers Sr. Personnel Analyst -- EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5348 Procedures ..w for ! ! Disability Complaints!Participants Complaints alleging discrimination on the basis of disability 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, I. Complaints must exhaust the Santa Ana LWDA'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 LWDA Level The complainant shall file his/her complaint directly with the Santa Aria LWDA. 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 LWDA 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 LWDA. 17 EXHIBIT H 2. The Complainant must file his/her ai peil as a request for review directly with the Chief WID within ten (10) calendar days elter tha receipt of the Santa Ana LWDA'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 dec•:;Ion 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!lhar complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) Miith'thrw Z".Iepartment of Labor. is No later than .180 days of alleged discrimination P Filed within 30 days of LWDA/State Decision or 90 days from date of Initial filing of complaints Filing of complaint on the basis of Disability with LWDA k_,i Day Informal Resolution H.Iio rgsolu#ion reached Request for Hearing Notice of Hearing Hazdng Conducted ' I Day /A5Day LWDA Decision UnsatitfNcto^r Decision or No Decision Statp Review Ckwornor's Decision Appeal to Asslstcint Secretary Department of Labor 60 bays 19 H GLOSSARY OF WIOA TERM AGE DISC IMI TI T — 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 WIOA 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 (CK COMPLAINANI,_gR]IEVPNj,,,QB,,69QRIEVED PE ON — 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 . INDIVIDUAL WITH A PISABILITY — Any individual who has a•: physical or mental disability that constitutes or results in a substantial challenge 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 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 H Client#: 654265 Francine R. Digitally signed by Francine R. Villareal CALIFTRUCK2Villareal Date: 2021.08.2614:54:53-0700' ACORDT1,1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/30/2021 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 11330 Lakefield Drive Suite 100 Johns Creek, GA 30097-1508 CONTACT NAME: PHONE _ FAX A/C, No, Ext : (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Co. 19682 INSURED California Truck Driving Academy LLC 921 N Poinsettia Street Santa Ana, CA 92701 INSURER B : Hartford Casualty Insurance Company 29424 Ohio Security Insurance Company INSURER C : Y p Y 24082 Trumbull Insurance Company INSURER D : p Y 27120 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION 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 CONTRACTOR 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L* OCCUR X 2000NIQ9229 8/01/2021 08101/2022 EACHOCCURRENCE $2,000,000 PREMISESOEaoccu ence s300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECOT - FXLOC OTHER: GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OPAGG $4,000,000 $ D AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X 20UENIQ9702 08/01/2021 08/01/202 MBINED INGLE LIMIT ac (CEO, .dents 1e e OOO 000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 20RHUIQ9143 8/01/2021 08/0112022 EACH OCCURRENCE $1 000 000 AGGREGATE $ DED I X RETENTION $10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? [y] (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A XWS2260199081 08/01/2021 08/01/202 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ** Workers Comp Information ** Proprietors/Partners/Executive Officers/Members Excluded: Harveen Singh (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division, 4th Floor 20 Civic Center Plaza 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 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD I ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S8561804/M8550180 �oRaN RiskManagmentDivisian REVIEWED & APPROVED BY. - Risk Management Analyst POLICY NUMBER: 20 UUN IQ9229 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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 Person(s) Or Organization(s): CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 CONTRACT SERVICES ADMINISTRATION TRAINING TRUST FUND 2710 WINONA AVE BURBANK, CA 91504 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 �oRaN } z a RAMmaganadDMsiun REVIEWED & APPROVED BY.- p R. VSA44a Risk Management Analyst (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: 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 Part 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 Coverage Part 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. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of 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; Page 16 of 21 (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 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 I - Coverage A - Bodily Injury And Property Damage Liability; (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 j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any 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 Any 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 or written agreement 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 a contribution fror RiskMmVmentDMsian r. REVIEWED & APPROVED BY.- P1. M44441 Risk Management Analyst 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 Coverages A or B 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. 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 of 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 insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium HG 00 01 09 16 computation, and send us copies at such times as we may request. 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 (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 that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part 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 claim is made or "suit" is brought. 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. 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 organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to t shown in the Declarati o ,a ltiskMm agzmerttDMsfan REVIEWED & APPROVED BY.- 5_if�7..1_I_�i.L 11. M44441 Risk Management Analyst POLICY NUMBER: 20 UUN IQ9229 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE Number of Days Notice: Name of Certificate Holder: CITY OF SANTA ANA, ITS OFFICERS, Part A: 30 EMPLOYEES,AGENTS,VOLUNTEERS,REPS Part B: 10 Mailing Address: RISK MANAGEMENT DIVISION, FL 4 Part C: 10 20 CIVIC CENTER PLZ SANTA ANA, CA 92702 This policy is subject to the following additional Conditions when a number of days are shown in the Schedule for any of the above Parts. A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided to the certificate holder in the Schedule, at least the number of days in advance of the cancellation effective date, as shown in Part A. B. If this policy is cancelled by the Company for nonpayment of premium, notice of such cancellation will be provided to the certificate holder in the Schedule within the number of days notice of the cancellation effective date, as shown in Part B. C. If this policy is cancelled by the insured, notice of such cancellation will be provided to the certificate holder in the Schedule, within the number of days notice of the cancellation effective date, as shown in Part C. If notice is mailed, proof of mailing notice to the certificate holder's mailing address as shown in the Schedule will be sufficient proof of notice. If the number of days notice in the schedule for any Part is left blank or is shown as zero, no notice will be provided to the Scheduled certificate holder under that Part. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form IH 03 15 06 11 © 2011, The Hartford �oRaN } z RiskMmWmedDMsfan REVIEWED & APPROVED BY.- f R. V;d Risk Management Analyst